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SITE NAME: RoseviLLe — County Rd C& Lexington Ave N SITE NUMBER: MN-MSP0252 5. Rent. In consideration for Tenant's construction of the Tower, all Rent due and payable to the Owner under this Agreement shall be abated from the Term Commencement Date until Tenant recovers all of Tenant's actual construction costs and certain pre-approved soft costs reasonably incurred by Tenant in the construction of the Tower and Tenant's due diligence costs advanced to determine the suitability of the Owner's Real Property for the Tower, which shall be calculated based upon a presumed monthly rent in the amount of One Thousand Five Hundred and Eighty Four ($1,584.00) Dollars (the "Abatement Costs"). Following the date that Tenant has recouped of all its Abatement Costs, Tenant shall commence the payment of Rent to Owner in the amount of One Thousand Five Hundred and Eighty Four ($1,584.00) Dollars ("Rent") per month payable and on the first day of the successive month following the abatement period and continuing each month thereafter (`Bent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. On each anniversary of the Term Commencement Date of this Lease, Rent shall increase automatically by three (3) percent of the Rent paid in the preceding year. Rent shall be payable to Landlord at 2660 Civic Center Drive, Roseville, MN 55113; Attention: Tower Leasing. No later than thirty days following the Effective date of this Lease Landlord agrees to furnish Tenant with an accurate and executed W-9 Form. 6. Improvements. 61 Tenant has the right to construct, maintain, install, repair, secure, replace, remove and operate on the Premises a radio communication facility ("Tenant Facilities"). However, Tenant may not change or add additional equipment and/or antenna from that shown in Exhibit B without the approval of the Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to replace or upgrade the antenna equipment at any time without Landlord approval for no additional rent, however additional transmitting and receiving antenna numbering more than listed in Exhibit B may require an addendum agreement for additional rent or other consideration, terms of the addendum shall be mutually agreed by both parties. Notwithstanding the foregoing, nothing shall prohibit Tenant from making repairs or replacements in the ordinary course of Tenant's business with like kind equipment without Owner consent or approval. 6.2 All of Tenant's construction and installation wark shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property and shall repair any damages to the Premises or Property caused by such removal. Owner acknowledges that Tenant will have no obligation to remove the Tower or Tower foundations which are the sole responsibility of Owner. 6.3 Tenant shall construct a communication Tower and compound as further described in Exhibit B and in full compliance with the Conditional Use Resolution No. 10779 approved by the Landlord on January 11, 2010. Prior to construction the Tenant shall competitively bid the construction the Tower and compound and prepare a detailed listing of the cost construction of the communication Tower and compound, "Cost of the Tower"), for approval of Landlord, which shall be used for purposes of calculating the rent abatement in Section 5 above. The list of costs shall not include any of Tenant's equipment or improvements made to the Tower for Tenants exclusive use. Tenant shall submit copies of the site plan and specifications (the "Plans") to the Landlord for prior approval, which approval will not be unreasonably withheld, conditioned or delayed. Landlord shall give such approval or provide Tenant with its requests for changes within five (5) business days of Landlord's receipt of Tenant's Plans. If Landlord does not provide such approval or request for changes within such five (5) business day period, Landlord shall be deemed to have approved the Plans. 6.4 Upon completion the Tower shall be conveyed to Landlord by Transfer Deed, Exhibit D, and Landlord shall be solely responsible for the repair and maintenance of the Tower except to the extent any repairs are necessitated by damage caused by Tenant or Tenant's agents, contractors, or employees. Landlord shall indemnify, defend, and hold Tenant harmless from any losses, liabilities, damages, costs, and expenses arising from the construction, maintenance, or repair of the Tower. 6.5 Notwithstanding the provisions of Paragraph 12, Insurance, Landlord shall insure the Tower under an All Risk Property Insurance for its full replacement value. 6.6 Notwithstanding the provisions of Paragraph 11, Destruction or Condemnation, in the event the Tower is damaged or destroyed after acceptance of the Tower, Landlord shall be obligated to rebuild the Tower CLeazwire Execution Copy 1-06-2010 - 2- v. 5-22-06