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<br />COMMUNICATIONS SITE LEASE
<br />(Minnesota Ground Lease)
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<br />SITE NAME: ROSEVILLE
<br />SITE No. MN0083037Z
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<br />Dated October 18, 1994 between C-CALL CORP., a Delaware corporation ("C-CALL"), doing business as OneComm Corp.
<br />and having its principal place of business at 4643 South Ulster Street, Suite 600, Denver, Colorado 80237, Attn: General Counsel and
<br />City of RosÐvllle, a Minnesota Municipal corporation ("Lessor"), having Its principal place of business at 2660 Civic Center Drive,
<br />AosevUle, Minnesota 55113.
<br />
<br />1. The Property. Lessor is the record owner of a certain parcel of real property located in the State of Minnesota,
<br />County of Ramsey, City of Aoseville, commonly known as 2501 Falrview Avenue North, Roseville, Minnesota 55113 also known as
<br />Parcel No. 092923240002 (the "Property"), A legal description of the Property is contained in Exhibit A to this Lease.
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<br />2. Lease of the Premises.
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<br />(a) Premises. Lessor hereby leases to C-CALL and C-CALL leases from Lessor that portion of the Property generally
<br />described as approximately two thousand (2,000') square feet ot ground space, more particularly described as a fifty (50') foot by forty
<br />(40') foot parcel of land on the Property upon which C·CALL shall construct certain communications facilities consisting of a eleven
<br />(11') foot by twenty (20') foot enclosed equipment shelter, a one hundred eighty (180') foot self support tower, three omni directional or
<br />nine panel antennas (the "Premises"). A description of the Premises which may be used for legal purposes is contained in Exhibit B to
<br />this Lease. Lessor and C-CALL hereby agree that the Premises including any Access Areas (defined herein) may be surveyed by a
<br />licensed surveyor at the sole cost of C-CALL, and such survey shall then supplement Exhibit e, and become a part hereof and shall
<br />control to describe the Premises and Access Areas in the event of any discrepancy between such survey and the description of the
<br />boundary of the Premises contained herein,
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<br />(b) C-CALL Improvements. Following the Commencement Date, C-CALL shall have the right to construct the Communications
<br />Site (defined herein) in accordance with the plans attached as Exhibit B which are hereby approved for construction by Lessor. Lessor
<br />acknowledges that certain modifications to the Premises not shown on Exhibit B may be required to accommodate construction of the
<br />Communications Site which do not require amendment of the building permit (such as orientation of the equipment shelter and tower or
<br />the number and type of antennas), which modifications C-CALL may complete without further approval by Lessor. C-CALL shall obtain
<br />the consent of Lessor, which consent shall not be unreasonably withheld, for any modifications required to accommodate the
<br />Communications Site not shown in Exhibit e which require an amendment to the building permit. C-CALL shall obtain all necessary
<br />governmental approvals and permits prior to commencing construction and shall provide Lessor with five (5) days notice prior to the
<br />start of construction to permit Lessor to post noUces of non·responsibllity. All C-CALL contractors and subcontractors shall be duly
<br />licensed in the state where the Property is located.
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<br />3. ߧ.nt.
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<br />(a) Base Rent. C-CALL shall pay to Lessor as rent the sum of Six Hundred Dollars ($600.00) per month,
<br />due and payable on the first day of each month, in advance, commencing on the Commencement Date and continuing during the term
<br />with the following rental increases each renewal period:
<br />
<br />-The first five (5) year extension:
<br />-The second five (5) year extension:
<br />-The third five (5) year extension:
<br />-The fourth five (5) year extension:
<br />
<br />Six Hundred Ninety Dollars ($690.00) per month.
<br />Seven Hundred Ninety-three Dollars and Fifty Cents ($793.00) per month.
<br />Nine Hundred Twelve Dollars and Fifty Centers ($912.50) per month.
<br />One Thousand Forty-nine Dollars and Thirty-seven Cents ($1,049.37) per month.
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<br />(b) Utility Charge. C-CALL shall install separate utility meters at the Premises and, when permitted by the serving
<br />utilities, C-CALL shall be responsible directly to the serving utilities for all utilities required for C-CALL's use of the Premises.
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<br />(c) Transfer of Tower Ownership: Use by Others. As additional consideration for the use of the Property and
<br />Premises, C-CALL shall transfer ownership of the Tower. that C-CALL builds at its own expense as provided in Section 2 above, upon
<br />termination of this lease for any reason, In addition, Lessor may rant space on C-CALL's tower and ground space on the Premises,
<br />during the term of this Lease, to other parties provided such parties' use does not Interfere with C·CALL's use as provided in Section B.
<br />Lessor shall ba entitfed to one hundred percent (100%) of the proceeds from the rent paid by such other parties.
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<br />(d) Tower Capacity. C-CALL shall construct its Tower in such 'a way that the tower will have additional wind load
<br />capacity to accomodate use by other as provided In Section 3(c) above.
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<br />4. Term of Lease. This Lease shall be for an Initial term of five (5) years, C·CALL shall have the right to extend its
<br />tenancy beyond the initial term for four (4) additional successiv!!, optional extension terms of five (5) years each.
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<br />5. Commencement Date: Governmenta, Permits. The initial term of this Lease shall commence on the earlier to
<br />occur of the first day of the first month following C-CALL's notice to Lessor in writing that C·CALL has obtained all permits and
<br />approvals necessary for C-CALL to be legally entitled to construct the Communications Site for providing radio communications
<br />services at the Premises, or November 1, 1994 (the "Commencement Date"), C-CALL shall be permitted to occupy the Premises and
<br />commence construction of the Communications Site upon receipt of all such permits and approvals and notice to Lessor as required in
<br />Section 2. Any such pre-Commencement Date occupancy by C-CALL shall be under aU the terms and conditions of this Lease and C-
<br />CALL shall pay any portion of one month's rent due for such occupancy with the first month's rent due hereunder.
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<br />CenCall Minnesota Ground Lease Form
<br />@ April/5, /994 Mackenzie & Albritton
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