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Memorandum of Understanding
<br /> This Memorandum of Understanding ("MOU") is entered into effective on the latest date this
<br /> MOU is executed by the last of the following parties, by and between City of Arden Hills ("Landlord"),
<br /> whose address is City of Arden Hills, 1245 West Highway 96, Arden Hills,MN 55112, and New Cingular
<br /> Wireless PCS, LLC, a Delaware limited liability company, f/k/a AT&T Wireless Services of Minnesota
<br /> Inc, successor in interest to Minnesota Cellular Telephone Company, having a mailing address of 12555
<br /> Cingular Way, Suite 1300,Alpharetta, GA 30004("Tenant").
<br /> WHEREAS, City of Arden Hills and New Cingular Wireless, PCS, LLC, entered into Water
<br /> Tower Lease Agreement dated August 18, 1989, as amended on March 26, 2002; and
<br /> WHEREAS, the Water Tower Lease Agreement allows the Tenant to use a portion of the
<br /> Landlord's property located at 1221 Cummings Park Drive(the"Property) in connection with the Tenant's
<br /> federally licensed communications business; and
<br /> WHEREAS, Tenant desires to add, modify and/or replace equipment related to the Tenant's 4G
<br /> LTE improvement project (the "Upgrade") to ensure the successful, secure and ongoing operation of its
<br /> communications facilities; and
<br /> WHEREAS, Landlord and Tenant, by mutual agreement and for their mutual interest, agree to
<br /> enter into negotiations for a new Site Use Lease Agreement before December 31,2012; and
<br /> WHEREAS, Tenant agrees to provide Landlord a one-time payment of$2,500.00 (two thousand
<br /> five hundred dollars)upon full execution of this MOU; and
<br /> WHEREAS, Tenant shall pay for Landlord's reasonable and documented costs for engineering,
<br /> inspections, and legal fees related to the Upgrade and a new lease agreement, and Tenant has paid an
<br /> escrow fee of$10,000.00 (ten thousand dollars)towards these costs; and
<br /> WHEREAS, Tenant has provided an interference study carried out by an independent and
<br /> qualified professional showing that Tenant's intended use will not interfere with any existing
<br /> communications facilities located on the structure; and
<br /> WHEREAS, Prior to operational startup of the Upgrade, Tenant shall provide an installation
<br /> escrow of$10,000.00 (ten thousand dollars)which shall be refunded to the Tenant upon the completion of
<br /> work described below:
<br /> 1. Tenant shall provide Landlord with a Site Plan in electronic file format
<br /> compatible to the Landlord's record file system consisting of as-built drawings of
<br /> the Tenant's antenna facilities and the Tenant's improvements installed on the
<br /> Property,which show the actual location of all equipment and improvements.
<br /> 2. Tenant shall complete all punch list items related to installation of the Upgrade to
<br /> the satisfaction of the Landlord; and
<br /> WHEREAS,Tenant will agree to i.) coordinate a jointly-conducted site walk of the Property with
<br /> all related parties, i.) attend a pre-construction meeting with S.E.H and i.) obtain the proper building
<br /> permit approvals from City of Arden Hills,before any Tenant installation work is performed.
<br /> NOW THEREFORE, in consideration of the foregoing, and for other good and valuable
<br /> consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree
<br /> Tenant shall be allowed to commence installation work for their Upgrade starting on October 15, 2012 and
<br /> ending no later than November 9,2012.
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