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<br />~, Slle Name Arden HjJJs Water Tower
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<br />pes SITE AGREEMENT
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<br />8ft. t. D. MS14XC859A
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<br />f. Premises and Use. Owner leases to Sprint Spectrum l.P., a Delaware
<br />limited partne1Ship rSSlP"}. the site described below:
<br />~heck 8fJpropriate box(esJ} .
<br />J'f Land consisllng of approximately 400 square feet opon which SSLP will
<br />construct Its,if equipment base station and 0 antenna structure;
<br />o Building interior space consisting of approximately _ square feet;
<br />o Buildmg exterior space for attachment of antennas;
<br />o Building exterior space for placefTlent of base station equipment;
<br />~ Tower antenna space between the fst:2 foot and lJ:2!z. foot level on ,he
<br />Tower: ...
<br />)t Space required for cable runs to connect PCS equipment and antennas,
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<br />in the location(s} (~Stf:e1 shown on. Exhibit A, together with a non-exduslVe
<br />easement fOf reasonable access thereto and to the appropriate, In the
<br />discretion of SSLP, source of electric and telephone facilities. The Site will be
<br />used by SSLP for the purpose of installing. removing. replacing, modifying.
<br />maintaining and operating, a1 its expense, a personal communications service
<br />system facility (~PCSO), mcfuding, without limitation, antenna equipment, cable
<br />Wlnog, back~up power sources (including generators and fuel storage tanks),
<br />related fixtures and, If apptlcable to the Site.. an antenna structure. SSlP WIll
<br />use the Site in a manner WhiCh will not unreasonably disturb the occupancy of
<br />Owner's orner tenants SSLP will have access to th~ Site 24 hours per day, 7
<br />days per week.
<br />2. Tenn_ The term of this Agreement (the -Initial Term--) is 5 years,
<br />commencing on the date ("Commencement Date-) both SSlP and Owner
<br />have executed this Agreement. This Agreement will be automatically renewed
<br />for four additional terms (each a RRenewal Term-) of 5 years each. unless
<br />SSlP provides Owner notice of intention not to renew not less than 90 days
<br />prior to the eXPiration of the Initia~ T enn or any Renewal Tenn.
<br />3. Rent Until the date which is 60 days after the issuance of a building
<br />permit, rent wilJ be a one-tune aggregate payment of $100.00, the receipt of
<br />which Owner acknowledges. Thereafter, rent will be paid in equal monthly
<br />instaUments of $1.000 (until increased as set faith herein). partial months to
<br />~ be prorated. in advance. Rent for each Renewar Term will be the annual rent
<br />~ in effect for the tina' year of the Initial Tenn or prior Renewal Term, as the
<br />~ case may be. increased by fifteen percent (15%).
<br />~ 4. Title and Quiet PossessiOh. Owner represents and agrees fa) Ihat it is
<br />.1- the Owner of the Site, (b) that it has the right to enter into this Agreement;.
<br />rJ (c) that the person signing thfs Agreement has the authority to sign; (d) that
<br />! SSlP is entlUed tOo access to the Site at all times and to the quiet possession
<br />of the Site throughout the lnittal Term aod each Renewal Term so tong as
<br />SSlP is not In default beyond the expiration of any CUre period, and (e) that
<br />Owner shall not have unsupervised access to the Site or to the pes
<br />..,. equipment
<br />f 5. Assignment/Subletting. Tenant shall have the right to sublease- or assign
<br />its rights under this Agreement without notice 10 or consent of Owner.
<br />6. Notices. Aft notices must be in writing and are effective only when
<br />~ deposited in the U.S. mail. oertified and postage prepaid, or when sent via
<br />r overnight delivery. Notices to SSLP are to be sent to: James G. Meyers,
<br />1 Director of Site Development, Sprint pes, 9801 W. Higgins Rd. #220,
<br />Rosemont,lL 60018, with a copy to Sprint Spectrum L.P., 4900 Main, Kansas
<br />City, MO 64112. Notices to Owner must be sent to the address shown
<br />underneath Owner's signature.
<br />7. Improvements. SSlP may. at its. expense, make such improvements on
<br />the e as it deems necessary from time to time for the operation of the pes
<br />system; pon fermination or expiration of this Agreement. SSlP may remove
<br />tp.. its equipment and improvements and will restme the SIte to substantialfy the
<br />~ndition existing on the Commencement Date. except for ordinary wear and
<br />"',F-T'"-tear and casualty loss.
<br />8. Compliance with Laws. Owner represents that Owner's property
<br />(induding the Site), .and all improvements located thereon, are in substantial
<br />compliance With building. life/safety, disability and other laws. codes and
<br />regulations of applicable governmental authorities. SSLP will substantially
<br />comply With all applicabre laws refating to its possession and use of the Site.
<br />9. InteneJ"ence. SSLP will resolve technical intetference problems with ott'ler
<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 desires to
<br />add additional equipment to the Site. Likewise, Owner wiN not permit or suffer
<br />the installation of any future equipment which (a) results in technicaf
<br />interference probJems with SSLP's then existing equipment Of (b) encroaches
<br />onto the Site.
<br />10. Utilities. Owner represents that utilities adequate for SSlP's use of the
<br />Site are avaiJable. SSlP Will pay for aU utimles 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 utmbes from any locatiOn
<br />provided by Owner or the servicing utinty, induding SIgning any easement 01
<br />other instrument reasonably required by the ufility company.
<br />11. Termination. SSLP may terminate this Agreement at any tIme by notice
<br />to Owner without further liability if SSLP does not obtain all permits or olheJ
<br />approvals (collectively, .approval1 required from any governmental authorit~
<br />or any easements required from any third party to operate the pes system, 01
<br />if any such apprO\laJ is canceled, expires or;s Withdrawn or rermlOared, or if
<br />Owner faits 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, detennlne~
<br />that it win be unable to use the Site. Upon tennination, all prepaid rent will be
<br />retained by Owner unless such termmation is due to Owner's failure of propel
<br />ownership or authority, or such termination IS a result of Owne(s default.
<br />12. DafaulL if either party is in default under this Agreement for a period 01
<br />(a) 15 days foffowing receipt of nottce from thenon-defaulting party with
<br />respect to a defautt whlCh may be cured solely by the payment of money, 01
<br />(b) 30 days following receipt of notice from the non~efau'ting party with
<br />respect to a defal1lt which may not be cured solely by the payment of money.
<br />then, in either event, the non-defaulting party may pursue any remedie5
<br />available to it agamst the defaulting party under applicable law, includmg, but
<br />not limited to, the right to terminate this Agreement If the non-monetary
<br />default may not reasonably be cured within a 30-<fay period. this Agreement
<br />may not be temllnated If the defaulting party commences action to cure the
<br />default within such 30-day period and proceeos 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 liabIlity or loss which arise out of the ownership,
<br />use and/or occupancy of the Site by the Indemnifying party. This- indemnit)
<br />does not apply to any daims arismg from the sole negligence or intentional
<br />misconduct of the indemnified party. Owner does not waive Its tort liabdlt~
<br />limits under Minnesota state statutes. The mdemnity obligations under thr.:
<br />Paragraph will survive termination of this Agreement.
<br />14. Hazardous Substances. ONner represents that it has no knowledge oj
<br />any substance, chemical or waste (coUectively, .substance.} on 1he Site thai is
<br />identifted as hazardous. toxic or dangerous in any applicable federal, state or
<br />local Jaw Of regu'ation. SSLP will not intl'Od'uce 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 />promptl.y after the Agreement is fully executed, Owner will use dIligent efforts
<br />to obtain a non-distulbance agreement reasonably acceptable to SSLP from
<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 sofely from its use of the
<br />communications faCility on the Site. SSLP wiff pay to Owner any increase in
<br />real property taxes attributable solely to 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 the real
<br />estate taxes by Owner Owner will pay when due all oUter real estate taxes
<br />and asseSSments attributable to the property of Owner of which the Site IS e
<br />part
<br />17. Insurance. SSlP will procure and maintain commercial generalliabllrt~
<br />insurance, with limits of nor less than $1,000,000 combined single limit pel
<br />occurrence for bodily injury and property damage liability, with.a certifICate of
<br />Insurance to be furnished to Owner within 30 days of written request SUCh
<br />pOlicy wilf provide tllat cancellation will not occur without at least 15 days prim
<br />written notice to o.mer. Each party hereby waives its right of recovel)
<br />against the Other for any loss or damage covered by any insurance PGlicie$
<br />maintained by the waiving party. Each party wilt cause each insurance polie}
<br />obtained by it to provfde that 1he insurance company waives all rights 01
<br />recovery against the other party in connection with any damage COvered by
<br />such policy.
<br />18. MaIntenance. SSLP will be responsible 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, howe\ler if any such
<br />repair or maintenance is required due to the acts of Owner, its agents or
<br />employees, Owner shall reimburse SSLP for the reasonable costs incurred b~
<br />SSlP to restore the damaged areas to the condition which existed
<br />immediately prior thereto. Owner wi/{ maintain and repair an other portions ot
<br />the property of which the Site js a part in a proper operating and reasonabl)
<br />safe condition
<br />19. MlsceDaneous. (a) This Agreement applies to and binds the heirs,
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