06/27/2005 Council Packet - Laserfiche WebLink

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111 If to Tenant: c/o Cingular Wireless LLC Attn: Network Real Estate Administration Re: Cingular Wireless Cell Site #: MPLSMN1130; Cell Site Name: Hwy 14 & 23 6100 Atlantic Boulevard Norcross, Georgia 30071 With a copy to: Cingular Wireless LLC Attn.: Legal Department Re: Cingular Wireless Cell Site #: MPLSMN 1130; Cell Site Name: Hwy 14 & 23 15 E Midland Ave. Paramus, NJ 07652 If to Landlord: City of Lino Lakes ATTN: Public Services Director 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. •19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto. 20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty -eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 21. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty -eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. If notice of termination is given, or if Landlord or Tenant undertake to rebuild the Communications Facility, Landlord agrees to use its reasonable efforts to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until such time as Tenant is able to secure a replacement transmission location or the reconstruction of the Communication Facility is completed. Minnesota Option Structure Lease 8 2005 Final Date: 050617 -38-