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SITE LEASE AGREEMENT <br />THIS SITE LEASE AGREEMENT ( "Lease "), made this day of <br />, 2000, between the City of Lino Lakes, ( "Landlord "), and APT <br />Minneapolis, Inc., a Delaware corporation ( "Tenant ") <br />For good and valuable consideration the parties agree as follows: <br />1. Leased premises. Subject to the terms and conditions of this Lease, <br />Landlord hereby leases to Tenant and Tenant leases from Landlord a portion <br />of Landlord's property, located at 7470 4th. Avenue, Lino Lakes, County of <br />Anoka, State of Minnesota, legally described in Exhibit A attached hereto <br />( "The Property ") subject to any and all existing easements, and a portion of <br />the Lino Lakes Water Tower or other structure ( "Structure "), as more <br />particularly shown in Exhibit B attached hereto, on which directional <br />antennas, connecting cables. and appurtenances will be attached and <br />located, the exact location of each to be reasonably approved by Landlord's <br />Director of Public Works, together with appurtenant easements and access <br />rights ( "Leased Premises "). <br />2. Rent. <br />(a) Amount. Adjustments. As consideration for this Lease, Tenant shall pay <br />Landlord an annual rent In the amount of thirteen thousand eight hundred <br />and ninety -one and 50/100 dollars ($13,891.50) for the initial year, which <br />shall be increased each year on January 1, by the greater of: (a) five percent <br />(5 %) of the previous year's annualized rental, or (b) by an amount equal to <br />the Increase in the Consumer Price Index "CPI "). The CPI shall mean the <br />"Consumer Price Index - for All Urban Consumers, All Cities, All Items (1984 <br />= 100)" as published by the United States Department of Labor Statistics, or <br />if such index shall be discontinued, the successor index, or if there shall be <br />no successor index, such comparable index as mutually agreed upon by the <br />parties. To determine the annual rental Increase to be paid by Tenant under <br />a CPI adjuster, the annualized rental for the previous year shall be multiplied <br />by a percentage figure, computed from a fraction, the numerator of which <br />shall be the CPI for the third quarter of the preceding year and the <br />denominator of which shall be the CPI for the corresponding quarter of one <br />year earlier. Such fraction shall be converted to a percentage equivalent. <br />The resulting percentage shall be multiplied by the previous year's rent <br />(annualized for the first year, see Section 4 below). <br />(b) Time of Payment. Taxes. Landlord shall communicate all rental Increases <br />to the Tenant in writing by the preceding December 1 of each year. The <br />annual rental shall be payable in advance, in twelve (12) equal amounts of <br />one - twelvth (1/12) of the annual rental amount each, beginning on the <br />Commencement Date prorated for the remainder of the month in which the <br />