2013_1209_packet - Laserfiche WebLink

Home

Attachment A LEASE AGREEIINNT THIS LEASE AGREEMENT ' 9Lease" , is entered into by and between the City of Roseville, a Minnesota municipal corporation rownee') and New Cingular wireless PCS, LLC, a Delaware limited liability company, with principal offices at 575 Morosgo Dr. NE, 13-F West Tower, Atlanta, GA 30324 I'Les ee" . Lessee desires to lease a portion of the Owner's property for the location and operation of wireless telecommunications equipment, as well as rights of way for ingress and egress of utilities thereto. In consideration of the terms and condition of this Lease, the parties agree as follows: 1. Lease of Premises. owner hereby leases to Lessee a portion of the property located at 2660 Civic Center Drive, Roseville,llinnesota 55113 and legally described on Exhibit A which is improved with a tower (the "Tower"). The Tower and the City's land shall be referred to as ` "Owner's Property" or the "property". The property interests leased and granted by the owner to the Lessee (collectively, the "Premises") are the following: a Ground space of approximately 360 usable square feet (12' x 30'), the exact mount to be fixed by parties and described on Exhibit B, including the air space above such ground space. b That certain space on the Tower for attachment of antennas and related equipment. c Space required for cable runs to connect Lessee's equipment and antennas. d ) Non-exclusive easements required to run utility lines and cables. e Non - exclusive easements across Owner's Property for access to the foregoing. No other space or property interests are being leased to the Lessee except as described as above and as described on Exhibit A. 2. Terms/Renewals. (a) The initial lease term shall be five 5 years "Initial Term "), commencing on the January 1, 2014 (the "Commencement Date' ) or the date that the Lessee commences construction on the Premises, whichever is sooner, and ending December 31, 2019. (b) Lessee shall have the right to extend this Lease for four 4 additional and successive five- year renewal tens (each a "Renewal Term" ) subject to c below; (c) This Lease shall automatically be renewed for each successive renewal term unless: 1 Lessee notifies the Owner of its intention not to renew this Lease at least ninety 90 days prior to the end of the Initial Tenn or any Renewal Term; or Lessee remains in default following any applicable cure period of any of the terms or conditions of the Lease. (d) Unless i Owner or Lessee notifies the other in writing of its intention to terminate this Lease at least six months prior to the expiration of the final Renewal Ten, or (ii) the Lease is terminated as otherwise permitted by this Lease prior to the end of the final Renewal Term them upon the final Renewal Term this Lease shall continue m force upon the same covenants, terms and conditions for a further term of one 1 year, and for annual terms thereafter ("'Annual Tern" until terminated by either party by giving to the other written notice of its intention to so terminate at least six months prior to the end of any such Annual Terra.