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SITE NAME Alta Vista Dr & Dale St N.
<br />SITE NUMBER MN-MSP0245:
<br />Tower Leasing. No later than thirty days following the Effective date of this Lease Landlord agrees to furnish
<br />Tenant with an accurate and executed W-9 Form..
<br />6. Improvements.
<br />6.1 Tenant has the right to construct, maintain, install, repair, secure, replace, remove and
<br />operate on the Premises a radio communication facility ("Tenant Facilities"). However, Tenant may not change or
<br />add additional equipment and/or antenna from that shown in Exhibit B without the approval of the Landlord, which
<br />shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to replace or upgrade the
<br />antenna equipment at any time without Landlord approval for no additional rent, however additional transmitting
<br />and receiving antenna numbering more than nine (9) as shown in Exhibit B may require an addendum agreement for
<br />additional rent or other consideration, terms for addendum shall be mutually agreed by both parties.
<br />6.2 All of Tenant's construction and installation work shall be performed at Tenant's sole cost and
<br />expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the
<br />Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to
<br />remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement,
<br />and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier
<br />termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property and shall repair any
<br />damages to the Premises or Property caused by such removal.
<br />Access and Utilities.
<br />7.1 During the Lease Term and any renewal thereof, Landlord shall provide Tenant, Tenant's
<br />employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day,
<br />seven (7) days a week, at no additional charge to Tenant. Landlord grants to Tenant, and Tenant's agents,
<br />employees and contractors and subcontractors, a non-exclusive right and easement for pedestrian and vehicular
<br />ingress and egress across the Property, at such locations reasonable acceptable to the Landlord. Such right and
<br />easement may be described generally in Exhibit B.
<br />7.2 Landlord shall maintain all access roadways from the nearest public roadway to the
<br />Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
<br />conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
<br />for any damage caused by Tenant's use of such roadways.
<br />7.3 Tenant shall pay for electricity it consumes in its operations at the rate charged by the
<br />servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities
<br />on the property with the prior consent from present user, provided the Tenant shall first use commercially reasonable
<br />efforts to obtain separate utility service from any utility company that will provide service to the Property. In
<br />connection therewith, Landlord herby grants to Tenant and the local telephone company, power and utility
<br />companies (as appropriate) non-exclusive rights to locate, construct, install operate, maintain, repair, replace, alter,
<br />extend, and/or remove cables and lines on, over, under and across a portion of the Landlord's Property as necessary
<br />or desirable therefore. Landlord agrees to sign such documents or easements, at no cost to the Tenant or the utility
<br />companies, as may be required by said utility companies to provide such service to the Premises. Any easements or
<br />rights necessary for such power or other utilities will be at locations reasonably acceptable to the Landlord and the
<br />servicing utility company.
<br />8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
<br />Communications Commission ("FCC') requirements including those prohibiting interference to communications
<br />facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any
<br />such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
<br />Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to
<br />the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
<br />cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
<br />eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
<br />material breach of this Agreement.
<br />9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and
<br />Landlord shall pay when due, all real property t�es and all other taxes, fees and assessments attributable to the
<br />Premises or this Agreement.
<br />Cleanvire Communication Tower Agreement - Z- v. 5-22-06
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