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II/ communications facility and other improvements. All of the foregoing are set forth in the <br />Agreement. <br />• <br />2. The initial lease term will be five (5) years ( "Initial Term ") commencing on the effective date of <br />written notification by Tenant to Landlord of Tenant's exercise of the Option, with four (4) <br />successive automatic five (5) year options to renew. <br />3. The portion of the land being leased to Tenant (the "Premises ") is described in Exhibit 1 annexed <br />hereto. <br />4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or <br />construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, <br />all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of <br />this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement <br />shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their <br />respective heirs, successors, and assigns, subject to the provisions of the Agreement. <br />IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year <br />first above written. <br />WITNESSES: "LANDLORD" <br />Print Name: <br />Print Name: <br />Print Name: a Delaware limited liability company, <br />City of Lino Lakes, a Municipal Corporation <br />By: <br />Name: <br />Its: <br />Date: <br />"TENANT" <br />New Cingular Wireless PCS, LLC <br />Print Name: <br />Minnesota Option Structure Lease <br />2005 <br />By: <br />Name: <br />Its: <br />Date: <br />-45- <br />1J <br />Final Date: 050617 <br />