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SeG6dn 3J st.=' / SITE NAME: MINC Rosey SITE NUMBER: ATTY/DATE:3/21/13 TOWER LEASE AGREEMENT This Agreement, made this day of , 20 , between the City of Roseville, a Minnesota municipal corporation, with its principal offices located at 2660 Civic Center Drive, Roseville, Minnesota 55113, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby,the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to the LESSEE a portion of that certain space ("the Tower Space") on the LESSOR's tower, hereinafter referred to as the "Tower", located at 1901 Alta Vista Drive, City of Roseville, County of Ramsey, State of Minnesota, as being further described in Exhibit "A" attached hereto and made a part hereof(the entirety of LESSOR's property is referred to hereinafter as the "Property"), together with a parcel of land (the "Land Space") sufficient for the installation of LESSEE's equipment building; together with the non-exclusive right ("the Right of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right- of-way extending from the nearest public right-of-way, Stuber Road, to the Land Space; and together with any further rights of way (the "Further Rights of Way") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires,poles, cables, conduits,and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are collectively referred to hereinafter as the "Premises" are substantially described in Exhibit"A", attached hereto and made a part hereof. The Parties acknowledge that the location of the proposed twenty (20) foot wide Access Right of Way("Proposed Access Right of Way") as depicted on Exhibit "A" of this Agreement is contingent upon the LESSOR entering into an Access Agreement with the Board of Water Commissioners of the City of Saint Paul (the "Board") for the portion of the right of way on the Board's property. If the LESSOR and the Board fail to enter into an Access Agreement by the completion of LESSEE's construction of its communications facility, then LESSOR shall provide LESSEE with the Proposed Alternate Access Right of Way over the LESSOR's Property to Stuber Road at the location depicted on Exhibit"A" of this Agreement. Notwithstanding the foregoing, LESSEE acknowledges that is shall not use the Proposed Alternate Access Right of Way for construction and that LESSEE shall obtain a construction access permit from the Board for the portion of the Proposed Access Right of Way that is on the Board's property if construction is commenced prior to the execution of the Access Agreement. MINC Rosey Tower Lease Agreement 1 2201205v6