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<br />pes SITE AGREEMENT
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<br />April 99
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<br />I Site Name Arden Hills Water Tower
<br />
<br />S;te I, D, MS14XC859A
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<br />will cooperale wnh SSLP in SSLP's efforts 10 obtain utilities from any location
<br />provided by Owner or the servicing utility I including signing any easement 01
<br />other instrument reasonably required by the utility company.
<br />11. Tennlnation. SSLP may lenninate this Agreement at any lime by notice
<br />to Owner withoul further liability W SSLP does nol obtain all pennits or other
<br />approvals (collectively, -approval') required from any govemmental authorit)
<br />or any easements required from any third party 10 operale the PCS system, 01
<br />if any such approval is canceled, expires or is withdrawn or terminated, or i1
<br />Owner falls to have proper ownership of the Sne or authority to enter Into this
<br />Agreement, or if SSLP, for any other reason. In its sole discretion. determines
<br />thaI n will be unable 10 use Ihe SlIe, Upon tennination, all prepaid renl will be
<br />retained by Owner unless such termination is due to Owner's failure of proper
<br />in the localion(sl ('S;te.) shown on Exhibn A, together with a non-excluslve ownership or aulhority. or such tennination Is a resull of Owne(s defaull.
<br />easement for reasonable access thereto and to Ihe appropriate, in the 12, Default W ellher party Is in defaull under this Agreement for a period 01
<br />discretion of SSlP, source of electric and telephone facilllies, The S;te will be (a) 15 days following receipt of nollce from Ihe non..defaulling party w;th
<br />used by, SSLP for the, purpo~e of installing, removing, replacing: modifyi~g. respect 10 a defaull which may be cured solely by the payment of money, 01
<br />_ma'ntaimng"ancloperating, al its expense, a_personaLcommunlcallons_seI'VJ""--_~bl- 30_days,following ,receiptof~notlca-Irom-the--non..dafaulling-party~~wilh-
<br />s~stem facility ("PCS'), including: without limitation, antenna equlpmenl. cable respect to a defauli which may not be cured solely by the payment of money,
<br />wlnng, back-up power sources (,ncludlng generators and fuel slorage tanks), then, In ellher event. the non-defaulting party may pursue any remedies
<br />related fixtures and, W appiicable 10 the S;te, an antenna structure, SSlP wUl available 10 II against the defaulting party under applicable law, including, bul
<br />use the Site in a manner which will not unreasonably disturb the occupancy of not limited to, the right to terminate this Agreement. If the non-monetal)l
<br />Owne(s other tenants, SSlP will have access to Ihe Sne 24 hours per day, 7 defaull may not reasonably be cured within a 3O..day period, th;s Agreement
<br />days per week, may not be lenninated W the defaulting party commences aelion to cure the
<br />2, Tenn, The tenn of this Agreement (the "Inlllal Tenn') is 5 years, defaull with;n such 3O-day period and proceeds with due diligence to fully cure
<br />commencing on the dale ("Commencement Datej both SSLP and Owner the defaull,
<br />have executed Ihls Agreement, This Agreement will be automatically renewed 13. Indemnity. Owner and SSLP each Indemnifies the other againsl and
<br />for four additional tenns (each a "Renewal Tenn') of 5 years each, unless hoids the other hannless from any and all costs (including reasonable
<br />SSLP provides OWner notice of Intention not to renew not less Ulan 90 days attorneys' fees) and claims of liability or loss which arise out of the ownership,
<br />prior to the expiration of the Initial Term or any Renewal Term. use and/or occupancy of Ule Site by Ule indemnifying party. This indemnity
<br />3. Rent Until the date which is 60 days after the issuance of a building does not apply to any claims arising from the sole negligence or intentional
<br />pennit, renl will be a one-time aggregate payment of $100,00, Ihe receipt of misconduct of Ihe indemnified party. Owner does not waive its tort nabiiity
<br />which Owner acknowledges, Thereafter. rent will be paid in equal monthly limits under Minnesota state statutes, The indemnity Obligations under th;s
<br />_' tallments of $1.000 (until increased as set forth herein), partial months 10 Paragraph will survive lennination of this Agreemenl
<br />rorated, in advance. Rent for each Renewal Term will be the annual rent 14. Hazardous Substances. Owner represents Ulat It has no knowledge 01
<br />ffect for the final year of the Initial Term or prior Renewal Term, as the any substance, chemical or waste (collectively, .substance) on the Site that is
<br />case may be, increased by fifteen percent (15%). Identified as hazardous, toxic or dangerous in any applicable federal, state or
<br />4. TIUe and Quiet Possession, Owner represents and 1Igrees (a) thaI n is local law or regulation, SSlP will not Inboduce or use any such substance on
<br />the Owner of Ihe S;te; (b) that n has the right to enter into this Agreement; the S;te in violation of any applicable law,
<br />(c) thallhe person signing this Agreement has Ihe authority to sign; (d) that 15, Subordination and Non-Disturbance, This Agreement is subordlnale 10
<br />SSLP is entitled to access to the Site at all times and to the quiet possession any mortgage or deed of trust now of record against the Site. However,
<br />of the Site Ihroughout the Innial Tenn and each Renewal Tenn so iong as promptly after the Agreemenlls fully executed, Owner will use diligent efforts
<br />SSlP Is nol in defaull beyond the exp;ration of any cure period; and (e) lhat to obtain a non-disturbance agreement reasonably acceptable to SSlP from
<br />Owner shall not have unsupervised access to the S;te or 10 Ihe PCS the holder of any such mortgage or deed of trust,
<br />equipment, 18. Taxes. SSlP will be responsible for paymenl of all personal property
<br />5, AssignmenllSubletting. Tenant shall have the right to sublease or assign taxes assessed directly upon and arising solely from its use of the
<br />its rights under this Agreement without notice to or consent of Owner, communlcalions facility on Ihe S;te, SSlP will pay to Owner any Increase In
<br />6. Notices. All nollces must be in wrnlng and are effeclive only when real property taxes attributable solely to any Improvements 10 Ihe S;te made
<br />deposned In the U,S, mail, certified and postage prepaid. or when sent via by SSlP within 60 days after recelpl of setisfactory documentalion indicating
<br />ovemlght delivery, Notices to SSlP are to be sent 10: James G. Meyers, calculallon of SSLP's share of such real estate taxes and paymenl of Ihe real
<br />Director of S;te Development, Sprint PCS, 9801 W, Higgins Rd, #220, estale taxes by Owner. Owner will pay when due all other real estate taxes
<br />Rosemonl,IL 60018; with a copy 10 Sprint Spectrum L,P" 4900 Main, Kansas and assessments allribulable to Ihe property of Owner of which Ihe S;te Is a
<br />City, MO 64112. Notices to Owner must be sent 10 the address shown part,
<br />undemeath Owne(s signature, 17, Insurance. SSlP will procure and maintain commercial general liability
<br />7. Improvements. SSLP may. at its expense, make such Improvements on Insurance, with limits of 'nolless Ihan $1,000,000 combined single limn per
<br />Ihe Site as il deems necessary from lime to lime for Ihe operation of the PCS occurrence for bodily injury and property damage liability, with a certificate 01
<br />system. Upon termination or expiration of this Agreement. SSLP may remove insurance to be furnished to Owner within 30 days of written request. Such
<br />its equipment and Improvements and will reslore the S;te 10 substantially Ihe policy will provide that cancellation will nol occur without alleasl15 days priOI
<br />condlllon exlsllng on the Commencemenl Date, except for ordinary wear and wrIIIen notice to Owner, Each party hereby waives its right of recovery
<br />tear and casualty loss. against the other for any loss or damage covered by any insurance policies
<br />8, Compliance with Laws, Owner represents Ihal Owne(s property maintained by Ihe waiving party, Each party will cause each Insurance polic~
<br />(including the Sne), and all improvements located thereon, are in substantial oblalned by II 10 provide thaI the Insurance company waives all rights 01
<br />compliance wllh building. life/safety, disability and olher laws, codes and recovery aga;"sl the other party in connection wIlh any damage covered b~
<br />regulations of applicable govemmental authorities, SSlP will substantiallY such policy,
<br />comply with all applicable laws relating to its possession and use of the SlIe, 18, Maintenance. SSLP will be responsible for repairing and maintaining the
<br />9, Interference. SSlP will resolve lechnlcal interference problems with other PCB system and any olher improvements installed by SSLP at the Site In a
<br />_iPment located at the Site on the Commencement Date or any equipment proper operating and reasonably safe condition; provided, howeve r if any such
<br />becomes attached to the S;te at any tuture date when SSLP desires to repair or maintenance is required due to the acts of Owner, its agents or
<br />additional equipment 10 the S;te, Likewise, Owner will not pennn or suffer employees, Owner shall reimburse SSLP for the reBSonable costs Incurred b~
<br />the Installation of any future equipment which (al resuits In technical SSLP 10 restore the damaged areBS to the condnlon which existed
<br />interierence problems with SSLP'slhen existing equipmenl or (b) encroaches immediately prior therelo, Owner will maintain and repair all other portions 01
<br />onto the S;te, the property of which the S;te is a part in a proper operating and reasonabl~
<br />10. Utilities, Owner represents thaI utilnles adequale for SSLP's use of lhe safe condllion,
<br />Sne are available, SSlP will pay for all utilities used by II at the SlIe, Owner 19. Mtscellanaous. (a) This Agreement applies to and binds the heirs,
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<br />APremisesand Use. OWner leases to Sprint Spedrum L.P., a Delaware
<br />_ned partnership iSSLPj, Ihe slle described below:
<br />I Check appropriate box(es)]
<br />)( Land consisting of approximately ~ square teet upon which SSLP will
<br />construct its ~equipment base station and 0 antenna strudure;
<br />o Building interior space consisting of approximately _ square feet;
<br />o Building exterior space for. attachment of antennas;
<br />o Building exterior space for placement of base station equipment:
<br />IrTower antenna space between Ihe~ fool andiOOfoollevel on the
<br />TOwer,
<br />R Space required for cable runs to connect PCS equipment and antennas,
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