02-13-08 Council Agenda - Laserfiche WebLink

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TOWER LEASE AGREEMENT This Tower Lease Agreement ( "Lease ") is entered into this day of , 2008 between the City of Little Canada, a Minnesota municipal corporation ( "Landlord ") and T- Mobile Central LLC, a Delaware limited liability company ( "Tenant "). In consideration of the terms and covenants of this Agreement, and for other good and valuable consideration, the parties agree as follows: 0. Option to Lease. (a) In consideration of the payment of five hundred and no /100 dollars ($500.00) (the "Option Fee ") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the Lease Premises, defined below, on the terms and conditions set forth herein (the "Option "). The Option shall be for an initial term of four (4) months, commencing on the Effective Date, as defined above (the "Option Period "). If the Tenant fails to exercise the Option during the Option Period or the Additional Option Period, the Landlord shall retain the Option Fee. (b) During the Option Period or the Additional Option Period, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Leased Premises from all applicable government and /or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ( "FCC ") ( "Governmental Approvals "), including all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, land -use permits. Landlord expressly grants to Tenant a right of access to the Leased Premises to perform any surveys, soil tests, and other engineering procedures or environmental investigations ( "Tests ") on the Leased Premises deemed necessary or appropriate by Tenant to evaluate the suitability of the Leased Premises for the uses contemplated under this Lease. During the Option Period or the Additional Option Period, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and permits or authorizations that relate to other property. During the Option Period or the Additional Option Period, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Paragraph 12 hereof. (c) If Tenant exercises the Option, then Landlord hereby leases to Tenant the Leased Premises for placement of the Antenna Facilities. The Leased Premises is generally located at 515 Little Canada Road, Little Canada, Minnesota. Tenant's location on the Structure, defined below, shall be at approximately 120 feet above ground level. 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord a certain portion ( "Ground Space ") of real property owned by Landlord, which property is located in Ramsey County, Minnesota, and legally described in Exhibit A attached hereto (the "Property ") which Property is subject to all existing easements, covenants, conditions, and restrictions of record, if any. Landlord also leases to Tenant and Tenant leases from Landlord certain space ( "Tower Space ") on Landlord's water tower (the "Tower ") located on the Property, which location and orientation of space is more particularly described in Exhibit B attached hereto. The actual location of the Ground Space and Tower Space, together with license for utilities and access, (collectively the "Leased Premises ") on the Tower and on the Property shall be depicted by a drawing shown in Exhibit C attached hereto.