12-14-1988 Council Agenda - Laserfiche WebLink

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State City Cell ID. THIS LEASE IS THE PROPERTY OF: After recording, return to: McCaw Communications Legal Department 5808 Lake Washington Blvd. Kirkland, WA 98033 Attn: TOWER/LAND LEASE AGREEMENT THIS TOWER LEASE AGREEMENT ( "this Lease ") is entered into this day of , 19 between ( "Landlord ") and Minnesota Cellular Telephone Company (dba Cellular One), ( "Tenant "). For good and valuable consideration, the parties agree as follows: 1. Property. Subject to the following terms and conditions, Landlord leases to Tenant a certain space on the tower (the "Tower ") and certain space on the ground located on the real property (the "Property ") described in Exhibit A attached hereto. The location and orientation of Tenant's space on the Tower and on the ground is as set forth in Exhibit B attached hereto. 2. Use. The Tower may be used by Tenant for the transmission and reception of radio communication signals in any and all frequencies. Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Tower. 3. Term. The term of this Lease shall be five years, commencing upon written notification by Tenant to Landlord of Tenant's receipt of all governmental approvals (the "Commencement Date ") and terminating at Midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five additional five -year terms. Each renewal term shall be on the same terms and conditions as set forth herein. This lease shall automatically be renewed for each successive renewal term unless Tenant shall notify Landlord of Tenant's intention not to renew the Lease at least thirty (30) days prior to the expiration of the term of any renewal term. 4. Rent. a. Upon the Commencement Date, Tenant shall pay Landlord, as rent, the sum of ($ ) per month ( "Rent "). Rent shall be payable on the first day of each month in advance to or at Landlord's address specified in Paragraph 13 below. The rent shall be increased after the 5th year of each five year period in the initial term and after each renewal term by an amount equal to the increase in the Consumer Price Index ( "CPI ") for the Minneapolis /St. Paul area in which the Premises is located. However, the Rent shall not in any case increase more than 15% per five year period. b. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant. Page 35