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•Market: Minnesota
<br />Cell Site Number: MPLSMN 1130
<br />Cell Site Name: Hwv 14 & 23
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<br />OPTION AND STRUCTURE LEASE AGREEMENT
<br />THIS OPTION AND LEASE AGREEMENT ( "Agreement "), dated as of the latter of the signature dates
<br />below (the "Effective Date "), is entered into by City of Lino Lakes, a Municipal Corporation, having a mailing
<br />address of 600 Town Center Parkway, Lino Lakes, MN 55014 -1182 (hereinafter referred to as "Landlord ")
<br />and New Cingular Wireless PCS, LLC, having a mailing address of 6100 Atlantic Boulevard, Norcross, GA
<br />30071 (hereinafter referred to as "Tenant ").
<br />BACKGROUND
<br />Landlord owns or controls that certain plot, parcel or tract of land, together with all rights and privileges
<br />arising in connection therewith, located at 1189 Main Street, Lino Lakes, in the County of Anoka, State of
<br />Minnesota (collectively, the "Property "). Tenant desires to use a portion of the Property in connection with its
<br />federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the
<br />Property in accordance with this Agreement.
<br />The parties agree as follows:
<br />1. OPTION TO LEASE.
<br />(a) Landlord grants to Tenant an option (the "Option ") to lease a portion of the Property consisting
<br />of (i) a room/cabinet/ground area space of approximately Three Hundred Seventy Five (375) square feet
<br />including the air space above such room/cabinet/ground space and (ii) space on the structure together with such
<br />easements as are necessary for the antennas and initial installation as described on attached Exhibit 1
<br />(collectively, the "Premises ").
<br />(b) During the Option period and any extension thereof, and during the term of this Agreement, Tenant
<br />and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to
<br />inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other
<br />geological or engineering tests or studies of the Property (collectively, the "Tests "), to apply for and obtain licenses,
<br />permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for
<br />its use of the Premises and include without limitation applications for zoning variances, zoning ordinances,
<br />amendments, special use permits, and construction permits (collectively, the "Government Approvals "), initiate
<br />the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in
<br />the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property,
<br />the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the
<br />Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third
<br />party on account of any pre - existing defect or condition on or with respect to the Property, whether or not such
<br />defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed
<br />at the commencement of the Option Term (as defined below), reasonable wear and tear and casualty not caused by
<br />Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any and
<br />all injury, loss, damage or claims arising directly out of Tenant's Tests.
<br />(c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum
<br />of Seven Hundred and No /100 Dollars ($700.00) within thirty (30) business days of the Effective Date. The
<br />Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term ")
<br />and may be renewed by Tenant for an additional one (1) year upon written notification to Landlord and the
<br />Option Structure Lease
<br />2005
<br />-31-
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