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SITE NAME Lino Lakes WT - Apollo Dr & 4th .Ave SITE NUMBER. MN- MSPOI26 COMMUNICATION SITE LEASE AGREEMENT (WATER TANK) THIS COMMUNICATION SITE LEASE AGREEMENT ( "Agreement ") dated and is effective as of , 2010, is between Clear Wireless LLC, a Nevada limited liability company ( "Clearwire" or "Tenant "), and the City of Lino Lakes, a municipal corporation ( "Owner" or "Landlord "). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ( "Land ") and a water tank ( "Water Tank ") located in the City of Lino Lakes, County of Anoka, State of Minnesota, commonly known as 7470 46 Avenue NE Lino Lakes, MN 55014 (APN: 17- 31- 22 -23- 0016). The Water Tank and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ( "Effective Date /Due Diligence Period "), Owner hereby leases to Clearwire and Clearwire leases from Owner approximately Forty -nine (49) square feet of Land and space adjacent to and /or on the Water Tank and all access and utility easements necessary or desirable therefore (collectively, "Premises ") as may be described generally in Exhibit B annexed hereto. 2. Effective Date /Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ( "Effective Date "). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 4 below ( "Due Diligence Period "), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests ") that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Use. The Premises may be used by Tenant for any lawful activity in connection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ( "Term Commencement Date ") and shall terminate on the fifth anniversary of the Term Commencement Date ( "Term ") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for three (3) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 5. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord as rent NINE HUNDRED and 00 /100 Dollars ($900.00) per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be increased at the beginning of any applicable Renewal Term by an amount equal to five percent (5 %) of the Rent for the Term or previous Renewal Term. Rent shall be payable to Landlord at 600 Town Center Parkway, Lino Lakes, MN 55014; Attention: Rick DeGardner. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9 Form from Landlord. Clearwire Communication Tower Agreement - 1- v. j -» -06