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<br />1 <br /> <br />, <br /> <br />. <br /> <br />tit <br /> <br />. <br /> <br />SITE AGREEMENT <br /> <br />This Site Agreement ("Agreement") is made as of this day of April, 2000, by <br />and between City of Arden Hills ("Owner"), a Minnesota municipal corporation, whose <br />address is 4364 West Round Lake Road, Arden Hills, Minnesota 55112-5794 and APT <br />Minneapolis, Inc. ,("APT') a Delaware corporation, whose address is 8410 West Bryn <br />Mawr, Suite 1100, Chicago, Illinois 60631 ,for the leasing of certain property interests at 1230 <br />Red Fox Road, Arden Hills, Minnesota , pursuant to the following terms: <br /> <br />1. Premises and Use. Owner leases to APT the site described below: [Check appropriate <br />box(es)J <br />ISI Land consisting of approximately 400 square feet upon which APT will construct its <br />ISI equipment base station and D antenna structure; <br />D Building interior space consisting of approximately square feet; <br />D Building exterior space for attachment of antennas; <br />D Building exterior space for placement of base station equipment; <br />ISI Tower antenna space between the 85 foot and 95 foot level on the Tower; <br />ISI Space required for cable runs to connect PCS equipment and antennas. <br /> <br />in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive easement for <br />reasonable access thereto and to the appropriate, in the discretion of APT, source of electric <br />and telephone facilities. The Site will be used by APT for the purpose of installing, <br />removing, replaciug, modifYing, maintaining and operating, at its expense, a personal <br />communications service system facility ("PCS"), including, without limitation, antenna <br />equipment, cable, wiring, back-up power sources (including generators and fuel storage <br />tanks), related fixtures and, if applicable to the Site, an antenna structure. APT will use the <br />Site in a manner which will not unreasonably disturb the occupancy of Owner's other <br />tenants. APT will have access to the Site 24 hours per day, 7 days per week. <br /> <br />2. Terms. The term of this Agreement (the "Initial Term") is 5 years, commencing on the date <br />("Commencement Date") both APT and Owner have executed this Agreement. This <br />Agreement will be automatically renewed for four additional terms (each a "Renewal Term") <br />of 5 years each, unless APT provides Owner notice of intention not to renew not less than 90 <br />days prior to the expiration of the Initial Term or any Renewal Term. <br /> <br />3. Rent, Until the date which is 60 days after the issuance of a building permit, rent will be a <br />one-time aggregate payment of $100.00, the receipt of which Owner acknowledges. <br />Thereafter, rent will be paid in equal monthly installments of $1,000.00 (until increased as <br />set forth herein), partial months to be prorated, in advance. Rent for each Renewal Term will <br />be annual rent in effect for the final year of the Initial Term or prior Renewal Term, as the <br />case may be, increased by fifteen percent (15%). <br /> <br />4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; <br />(b) that it has the right to enter into this Agreement; (c) that the person signing this <br />Agreement has authority to sign; (d) that APT is entitled to access to the Site at all times and <br />to the quiet possession of the Site throughout the Initial Term and each Renewal Term so <br /> <br />Site Number: <br />Site Name: <br />Market: <br /> <br />AIN511 <br />Arden Hills WT <br />Minneapolis <br /> <br />[1] <br />