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11-23-2020-SWS
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11-23-2020-SWS
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<br />MD7 , LLC | 10590 West Ocean Air Drive, Suite 300 | San Diego, CA 92130 | 888.553.6599 <br /> <br /> <br />November 11, 2020 <br /> <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, MN 55112 <br /> <br />Re: Communications Facility located at 1221 Cummings Park Drive, Arden Hills, MN 55112 <br /> <br />Contract #: 168765 / FA#: 10082208 <br /> <br /> <br />Dear City of Arden Hills, <br /> <br />AT&T Mobility (“AT&T”) has engaged MD7 to work with you to make the above-referenced site better for <br />both parties. The conditions AT&T desires to implement in all new “go forward” leases are referenced in <br />the bullet points below. We look forward to coming to a mutually beneficial agreement. <br /> <br />Criteria for Cellular Site Retention: <br /> <br />AT&T will need the following to secure a longer-term lease with you: <br /> <br />◼ $38,400.00 per year, commencing January 1, 2021 <br />◼ 12.5% rent increase every 5 years, commencing January 1, 2026 <br />◼ Extension of Lease, 6-five year terms, through December 31, 2045 <br />◼ Lease provision below <br /> <br /> <br />In order to maintain its long-term flexibility, AT&T will also require the following lease provision to address <br />future technological and network changes: <br /> <br /> <br />◼ Permitted Use <br /> <br />“Tenant, its personnel, invitees, contractors, agents, or assigns may use the Premises, at no additional <br />cost or expense, for the transmission and reception of any and all communicati ons signals and, with <br />prior written notice to landlord, to modify, supplement, replace, upgrade, expand, including but not <br />limited to the number and type(s) of antennas, or refurbish the equipment and/or improvements thereon <br />(collectively, "Communications Facility"), or relocate the same within the Premises at any time during <br />the term of the Agreement for any reason, so long as these changes do not exceed the structural <br />capacity of the tower/structure at this height, or at Tenant's sole expense upgrade the structural <br />capacity, or in order to be in compliance with any current or future federal, state or local mandated <br />application, including but not limited to emergency 911 communication services or for any other reason. <br />Landlord shall reasonably cooperate in obtaining governmental and other use permits or approvals <br />necessary or desirable for the foregoing permitted use. If Landlord does not comply with the terms of <br />this section, in addition to any other rights it may have at law, Tenant may terminate the Agre ement <br />and shall have no further liability to Landlord. If Landlord does not comply with the terms of this section, <br />Tenant will have the right to exercise any and all rights available to it under law and equity, including <br />the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to <br />Landlord from Tenant.” <br /> <br /> <br /> <br />
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