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<br />ACCESS AND UTILITY EASEMENT
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<br />This Access and Utility Easement (“Easement”) is made and entered into by and between City of St.
<br />Anthony (“Grantor”), and T-Mobile Central LLC, a Delaware limited liability company (“Grantee”).
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<br />RECITALS
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<br /> WHEREAS, Grantor is the fee simple owner of that certain parcel of real property described in attached
<br />Exhibit A (the “Property”); and
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<br /> WHEREAS, Grantor and Grantee wish to provide for Grantee’s entry upon and access to the Property for
<br />the placement of certain utilities in connection with the operation of Grantee’s antenna facilities on adjacent
<br />property, together with all necessary or convenient appurtenances.
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<br />COVENANTS
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<br /> NOW, THEREFORE, in consideration of these premises and the mutual promises and conditions in this
<br />Easement, the parties agree as follows:
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<br /> 1. Easement Premises. Grantor hereby grants Grantee, its employees, agents and contractors an easement
<br />to use, go on, over, under, through and across certain space on the Property sufficient for access and the placement,
<br />construction, operation, maintenance, repair and use of utilities, and the location and orientation of such space
<br />(hereinafter referred to as the “Easement Premises”) is generally described and depicted in attached Exhibit A, which
<br />is attached hereto and incorporated herein by this reference.
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<br /> 2. Use. In connection with electrical service, telecommunications services, data transmission services and
<br />any other utility services utilized by Grantee in connection with the Antenna Facilities located on the Premises,
<br />Grantee shall have the right, within the boundaries of the Easement Premises, to construct, install, operate, maintain,
<br />repair, alter, modify, replace, improve, upgrade and/or enhance any and all utility lines and/or services needed by
<br />Grantee, including, but not limited to, conduit, pipes, circuits, wires, lines, cables, coaxial cables and optical fibers,
<br />together with any terminals and ancillary equipment related thereto (collectively, the “Backhaul Facilities”). The
<br />initial installation and location of such Backhaul Facilities is generally described and depicted in attached Exhibit A.
<br />Grantee may from time to time remove trees, bushes or other obstructions within the Easement Premises to the extent
<br />reasonably necessary to carry out the purposes set forth herein, provided that consent for any material landscaping
<br />changes or removal will be obtained from Grantor, which consent shall not be unreasonably withheld, delayed or
<br />conditioned.
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<br /> 3. Access. Grantee shall have the right of access 24-hours-a-day, 7-days-a-week to the Easement Premises
<br />over and across the Property to enable Grantee to exercise its rights hereunder.
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<br /> 4. Grantor's Use of Easement Premises. Grantor reserves the right to use the Easement Premises for any
<br />purpose not inconsistent with the rights herein granted to Grantee, provided that Grantor shall not construct or
<br />maintain any building or other structure on the Easement Premises which would interfere with the exercise of
<br />Grantee’s rights. Grantor shall not dig, tunnel or use any other form of construction activity on the Property which
<br />would disturb Grantee's rights.
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<br /> 5. Environmental Laws. Grantee represents, warrants and agrees that it will conduct its activities on the
<br />Easement Premises in compliance with all applicable environmental laws. Grantor represents and agrees that, to the
<br />best of its knowledge, it has in the past and will in the future conduct its activities on the Property in compliance with
<br />all applicable environmental laws and that the Property is free of hazardous substances as of the date of this
<br />Easement. Each party agrees to indemnify and hold the other harmless from and against any and all claims and
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