CC WORKSESSION 10042005 - Laserfiche WebLink

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Site: MN0323 -A / Gross Market: Chicago COMMUNICATIONS SITE LEASE AGREEMENT (WATER TANK) This COMMUNICATIONS SITE LEASE AGREEMENT ( "Agreement ") is dated as of 2005, by Nextel West Corp, a Delaware corporation ( "Nextel" or "Tenant ") and City of St. Anthony, a Minnesota municipal corporation ( "Owner" or "Landlord")- For One Dollar ($1.00) paid to Owner, and other 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 Saint Anthony, County of Hennepin, State of Minnesota, commonly known as 3109 — 33rd Avenue, St. Anthony, Minnesota 55418 -1699 (APN: 06- 029-23-13- 0002). 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 Nextel and Nextel leases from Owner approximately two hundred and forty (240) square feet of Land and space adjacent to and/or on the Water Tank and all access points reasonably necessary for the use thereof (collectively, "Premises ") as may be described generally in Exhibit B annexed hereto. Notwithstanding the foregoing, any improvements constructed by Tenant on the ground adjacent to the Water Tank shall be located a minimum of 15 feet from the drip line of the Water Tank. It is expressly acknowledged and agreed that Tenant shall have non - exclusive use of the Water Tank, and exclusive use of the ground fixtures Tenant installs on the Premises, pursuant to the provisions of this Agreement. 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 Tenn Commencement Date as defined in Paragraph 3 below ( "Due Diligence Period "), Nextel 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 Nextel may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. Prior to entering the Property, Nextel must provide Owner with evidence of the insurance required to be carried by Nextel hereunder. Nextel shall be solely responsible for returning the Property to its original condition, shall indemnify and hold harmless Owner from the cost of an Investigations and Tests conducted by or on behalf of Nextel, and shall keep the Property free of all liens. Throughout the Due Diligence Period, Nextel shall have the ongoing obligation to maintain the Property and return the same to its condition prior to the Effective Date, including but not limited to, repairing any damage resulting from the conduct of its Investigations and Tests. Nextel shall provide Owner with copies of all reports generated by or on behalf of Nextel pursuant to this Section. The obligations set forth in this Section 2 survive the expiration or termination of the Agreement. Upon Nextel's request, Owner agrees to provide promptly to Nextel copies of any plans, specifications, surveys and Water Tank maps for the Land and Water Tank that are in Owner's possession. In the event that Nextel determines, during the Due Diligence Period, that the Premises are not appropriate for Nextel's intended use, or if for any other reason, or no reason, Nextel decides not to commence its tenancy of the Premises, then Nextel 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 Nextel expressly acknowledge and agree that Nextel's access to the Property during this Due Diligence Period shall be solely for the limited purpose of perfomring the Investigations and Tests, and that Nextel 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. Term. The term of Nextel's tenancy hereunder shall commence upon the start of 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 four (4) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions as set forth herein, including the annual rent increases described in Section 4 below. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew prior to commencement of the succeeding Renewal Term, or unless such Renewal Terms are cancelled by Landlord as set forth herein.