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<br />pes SITE AGREEMENT
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<br />Site f. D. MS14XC859A
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<br />Site Name Arden Hills Water Tower
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<br />1. Premises and Use, Owner leases to Sprint Spectrum L.P., a Delaware
<br />limited partnership rSSlP~}. the site described below:
<br />~heck appropriate box(es)j .
<br />Yf land consistmg of approximately tiCO square feet upon which SSLP will
<br />construct Its K equipment base station and 0 antenna structure:
<br />o Building interior space consisting of approximately _ square feet;
<br />o Building exterior space for attachment of antennas;
<br />o Building extenor space for placement of base station equipment;
<br />J<! Tower antenna space between the f.sC2 foot and lJ2t2. foot level on the
<br />Tower; .-
<br />}it Space required for cable runs to connect PCS equipment and antennas,
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<br />in the location(s} (~Slte'"} shown on Exhibil A, together with a non-excluslve
<br />easement {or reasonable access thereto and to the appropriate, In the
<br />discretion of SSLP, source of eledTlc and relephane facilities. The Site will be
<br />used by SSLP for the purpose of installing, removing. replacing, modifying.
<br />maintaining ancfoperating, at its expense. a personal communications sel\lice
<br />system facIlity (*PCSk), Including, without limitation, antenna equipment, cable
<br />wlnng, back-up power sources (including generators and fuel storage tanks),
<br />related fixtures and, If applicable to the Site. an antenna structure. SSLP wJl/
<br />use the Site in a manner whiCh will not unreasonably disturb the occupancy of
<br />Owner's other tenants SSLP will have access to the Site 24 hours per day, 7
<br />days per week.
<br />2. Tenn. The term of 1his Agreement {the "Initial Tarof} is 5 years,
<br />commencing On the date rCommencement Oatel both SSLP and Owner
<br />have executed this Agreement. This Agreement will be automatically renewed
<br />for four additional terms {each a uRenewal Temf] of 5 years each. unless
<br />SSLP provides Owner notice of intention not to renew not less than 90 days
<br />prior to the explratlon of the Initial Term or any Renewal Term.
<br />3. Rent Until the date which is 60 days after the issuance of a building
<br />permit rent will be a Qne-flflle aggregate payment of $100_00. the receipt of
<br />which Owner acknowledges. Thereafter, rent will be paid in equal monthly
<br />installments of $1,000 (until i-ncreased as set forth. herein), partial mon1os to
<br />~ be prorated. in advance. Rent for each Renewal Term will be the annual rent
<br />.::F-: 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 />4. Title and Quiet Possession. Owner represents and agrees fa) Ihat it is
<br />the Owner of the Site, (b) that it has the right to enter into this Agreement;
<br />(c) that the person signing this Agreement has the authority to sign; (d) that
<br />SSlP is entllled ro access to the Site at al1 times and to the quiet possession
<br />of the Site throughout the Initial Term and each Renewal Term so long as
<br />SSLP is not In default beyond the expiration of any CUfe penod, and (e) that
<br />Owner shaff not have unsupervised access to the Site or to the pes
<br />equipment.
<br />5. AssignmentlSubletting. Tenant shall have the right to sublease or assign
<br />its rights under this Agreement without notice to 01 consent of Owner.
<br />6. Notices. All notices must be in writing and arf! effective only when
<br />deposited in the U.S. mail. oertified and postage prepaid, or when sent via
<br />overnight delivery. Notices to SSlP are to be se-nt to: James G. Meyers,
<br />Dlfector of Site Development. Sprint pes, 9801 W. Higgins Rd. #220.
<br />Rosemont,IL 60018, with a copy to Sprint Spectrum LP_, 4900 Main. Kansas
<br />City, MO 64112. Notices to Owner must be sent to the address shown
<br />undemeath Owner's signatwe.
<br />7. Improvements. SSlP may, at its expense, make such improvements on
<br />the e as it deems necessary from time to lime for the operation of the pes
<br />sysrerTl) pan tennination or expiration of this Agreement SSlP may remove
<br />l(l its eqUipment and improvements and will restore the Site to substantially the
<br />~~ndition existing on the Commencement Date, except for ordinary wear and
<br />~-tear and casual1y loss.
<br />8. Compliance with Laws. Owner represents that Owner's property
<br />(including the Site}. and all improvements located thereon, are in substantial
<br />compliance with building. life/safety. disablilty and other laws. codes and
<br />regulatIons of applicable governmental authorities. SSLP will substantIally
<br />comply With all applicabte taws refating to its possession and use of the Site:.
<br />9. Intel1erence_ SSLP will resolve technical interference problems with other
<br />equipment located at the Site on the Commencement Date or any equipment
<br />that becomes attached to the Site at any future date when SSLP desiles to
<br />add additional equipment to the Site. Likewise, Owner will not permit or suffer
<br />the installation of any future equipment wtJich (a) results in technicaf
<br />interference problems with SSLP's then existing equipment or (b) encroaches
<br />onto the Sile_
<br />10. UtiCities. Owner represents that utilities adequate for SSLP's use of the
<br />Site are a\o'ailable. SSLP Will pay for an utilities used by it at the Site. Owner
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<br />April 99
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<br />will cooperate with SSLP in SSlP's efforts to obtain utitiUes from any locatIon
<br />provided by Owner or the serviCing utility, including sIgning any easement 01
<br />other instrument reasonably reqUired by the utility company.
<br />11. Termination. SSLP may terminate this Agreement at any lime by notice
<br />to Owner without further liability jf SSLP does not obtain all permits or otheJ
<br />approvals (collectively. uapprovan required from any governmental authorit~
<br />Of any easements required from any third party to operate the PCS system, Or
<br />if any such approvaJ is canceled, expires or is WIthdrawn or termmated, or it
<br />Owner fails to have proper ownership of the Site or authority to enter Into thiS
<br />Agreement. or if SSLP. for any other reason. in Its sole discretion, deterrmne~
<br />that it will be unable to use the Site. Upon termination. all prepaid rent Will be
<br />retained by Owner unless such termination is due to Owner's failure of proper
<br />ownership or authority, or such termination IS a result of Owner's default.
<br />12. Default. If ei1:her party is in default under this Agreement for a period 01
<br />(a) 15 days (ofrowing receipt of nottce from the non-defaulting party with
<br />respect to a default whteh may be cured solely by fhe payment of money, 01
<br />(b) 30 days following receipt of notice from. the non-defaulling party with
<br />respect to a defalilt which may not be cured solely by the payment of money,
<br />then. in either event, the non-defaulting party may pursue any remedie~
<br />available to it agamst the defaulling party under applicable law. including. but
<br />not limited to, the right to terminate this Agreement If the non.mol1etaf)
<br />default may not reasonably be cured within a 30-day period. this Agreemenl
<br />may not be 1ermlnated If the defaulting party commences action to cure the
<br />default within such 30-day period and proceeds With due diligence to fully cure
<br />the default
<br />13. Indemnity. Owner and SSlP each indemnifies the other against and
<br />holds the other harmless from any and all costs {induding reasonable
<br />attorneys' fees} and claims of liaMity or lass which arise out of the ownership,
<br />use andJor occupanc)' of the Site by the mdemnifying party. This indemnity
<br />does not apply to any daims ariSing from the sole negligence or intentional
<br />miSconduct of the indernnified party. Owner does not waive Its tort'iablllt)
<br />limits under Minnesota sta1e statutes. The Indemnity obligations under this
<br />Paragraph wiU survive tennination of this Agreement
<br />14. Hazardous Substances. Owner represents lhat it has no knowledge of
<br />any substance, chemical or waste (coUectively, .substance, on the Site that i~
<br />identified as hazardous, toxic or dangerous in any applicable federal, stale or
<br />local taw or regulation. SSLP will not introduce or use any such substance on
<br />the Site in violation of any applicable law.
<br />15. Subordination and Non-Disturbance. This Agreement is subordinate te
<br />any mortgage or deed of trust now of record against the Site However,
<br />promptly after the Agreement is fulfy executed, Owner will use diligent effort~
<br />to obtain a non-disturbance agreement reasonably acceptable to SSlP tram
<br />the holder of any such mortgage or deed of trust
<br />16. TaKes. SSLP will be responsible for payment of all personal property
<br />taxes assessed directly upOn and arising sorery from its use of the
<br />communications facility on the Site. SSLP will pay to Owner any increase in
<br />real property taxes attributable solely 10 any improvements to the Site made
<br />by SSLP within 60 days after receipt of satisfactory documentation indicating
<br />calculation of SSLP's share of such real estate taxes and payment of 1he real
<br />estate taxes by Owner Owner will pay when due all other real estate taxes
<br />and assessments attributable to the property of Owner of which the Site IS 2
<br />part.
<br />17_ Insurance. SSlP will procure and maintain commercial general tiabilll)
<br />insurance, with fimits of not less than $1,000.000 combined single limit pel
<br />occurrence for bodily injury and property damage Jiability. with a certiflC3te of
<br />msurance to be furnished to Owner within 30 days of written request SUCh
<br />porlcy will provide that cancellation will not occur without at least 15 days priol
<br />wlitten notice to Owner. Each party hereby waives its right of recovelJ'
<br />against the other for any loss or damage cove/ed by any insurance pol;cie~
<br />maintained by the waiving party. Each party will cause each insurance pelie)-
<br />obtained by it to proVide that the insurance company waives all rights 01
<br />recovef)' against the other party 10 connection with any damage covered by
<br />such policy.
<br />18. Malntenance_ SSLP will be responsibre for repairing and maintaining the
<br />pes system and any other improvements installed by SSLP at the Site in a
<br />proper operating and reasonably safe condition; provided. however if any such
<br />repair or maintenance is required due to the acts of Owner, its agents o(
<br />employees, Owner shall reimburse SSLP for the reasonable costs incurr-ea b)
<br />SSlP to restore the damaged areas to the- condition which existed
<br />immediately prior thereto. Owner witr maintain and repair all other portions 01
<br />the property of which the Site is a part in a proper operating and reasonabl)
<br />safe condition
<br />19_ Miscellaneous. (a) This Agreement applies to and binds the heirs,
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