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1 <br /> WATER TOWER LEASE AGREEMENT <br />THIS WATER TOWER LEASE AGREEMENT (this “Agreement”) effective the ___ <br />day of _______________, 20__ (“Effective Date ”), between the City of Lino Lakes, Minnesota <br />(“Owne r”), a municipal corporation, having a place of business at 600 Town Center Parkway, <br />Lino Lakes, Minnesota 55014 and DISH Wireless L.L.C., a Colorado limited liability company, <br />having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado 80112 (“Tenant”). <br />WHEREAS, Owner is the owner of certain real property, located at 7470 4th Avenue, <br />Lino Lakes, Minnesota, on which the Owner constructed, owns, and maintains a Water Tower <br />(“Water Tower”); and <br />WHEREAS, Tenant wishes to lease both interior space in, and exterior space on, the <br />Water Tower; and <br />WHEREAS, Tenant desires to operate Telecommunications equipment located on the <br />Water Tower, as such equipment may be modified, supplemented, or replaced by Tenant from <br />time to time as provided for herein. <br />NOW, THEREFORE, in consideration of the foregoing and for other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as <br />follows: <br />1.The Property. The Water Tower site owned by Owner is described in Exhibit A and <br />is referred to as the “Tower Property”. <br />2.The Leased Property. Owner hereby leases to Tenant for Tenant's exclusive use <br />certain space on the Water Tower and a portion of the Tower Property adjacent thereto as shown <br />in Exhibit B, hereinafter referred to as the “Leased Property”. <br />O wner grants Tenant the non-exclusive right of ingress and egress from a public right of <br />way to the Leased Property, seven days a week, 24 hours a day, for the purposes of installation , <br />operation, maintenance, inspection and removal of the Equipment from the Leased Property, <br />provided Tenant must follow Owner’s security procedures when entering the Tower Property <br />and the Water Tower, and provided that Tenant gives the Owner 24 hours’ notice before entering <br />the Tower Property, except in case of emergency. Owner further grants to Tenant and its utility