100412_Packet - Laserfiche WebLink

Home

13uubdi nt ou 13 SITE NAME: RoseviLLe — County Rd C& Lexington Ave N SITE NUMBER: MN-MSP0252 COMMUNICATION SITE LEASE AGREEMENT THIS COMMiTNICATION SITE LEASE AGREEMENT ("Lease or Agreement") is entered into this , 2010, by and is between Clear Wireless LLC, a Nevada limited liability company ("Clearwire" or "Tenant"), and the City of Roseville, a municipal corporation ("Owner" or "Landlord"), collectively referred to as the "Parties." For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ("Land") located in the City of Roseville, County of Ramsey, State of Minnesota, commonly known as 2660 Civic Center Drive, Roseville, MN 55113 (APN: 032923.44.0031). Clearwire intends to construct an antenna structure ar tower on the Land (the "Tower"). Following Clearwire's construction of the Tower, Clearwire will convey ownership of the Tower to Owner. The Tower and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), following the completion of construction of the Tower, Owner agrees to lease to Clearwire and Clearwire leases from Owner approximately forty nine (49) square feet of Land and space adjacent to and/or on the Tower, together with any and all access and utility easements necessary or desirable therefore (collectively, "Premises") as may be described generally in Exhibit B annexed hereto. Owner shall maintain and insure the Tower in a commercially reasonable manner. In the event that a third party intends to lease or license space from Owner on the Tower. Owner shall provide to Tenant reasonable documentation to reflect that such third party will not interfere with Tenant's Facilities ar the operations of Tenant. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted to enter the Property far the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. The cost of all Investigations and Tests shall be borne solely by Clearwire. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely far the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Use. The Premises may be used by Tenant for any lawful activity in connection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in Tenant's making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities (as defined in Paragraph 6 below) ar the date that Tenant secures all permits and approvals, necessary far the construction of the Tower and Tenant's Facilities, or nine (9) months from the Effective Date, whichever first occurs ("Term Commencement Date") and shall continue until the fifth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for up to five (5) successive five (5) year periods (`Benewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be renewed for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Term or Renewal Term. CLeazwire Execution Copy 1-06-2010 - 1- v. 5-22-06