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4. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month
<br />thereafter, Tenant shall pay to Landlord as rent One Thousand Four Hundred and 00 /100 Dollars ($1,400.00) per month ( "Rent ").
<br />Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to
<br />Landlord at Saint Anthony City Hall, 3301 Silver Lake Road, Saint Anthony, Minnesota 55418 -1699; Attention: Mr. Jay Hartman. All
<br />of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9
<br />Form from Landlord. Rent shall be increased on each anniversary of the Term Commencement Date by an amount equal to
<br />four percent (4 %) of the Rent then in effect for the previous year.
<br />5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for the installation of up to six (6)
<br />antennas on the Water Tank and such ground facilities as may be reasonably necessary to support such antennas in connection with the
<br />provision of communications services, and Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may
<br />deem necessary or desirable with the prior written consent of Landlord, which may be conditioned upon Tenant's execution of an
<br />additional indemnification agreement. In the event Tenant desires to install more than six (6) antennas, Tenant must obtain the prior
<br />written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. If Landlord consents, the rental
<br />amount shall be increased by $1,000.00 per antenna, per year. Landlord agrees to cooperate with Tenant, at no out of pocket expense
<br />to Landlord, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be
<br />required for Tenant's intended use of the Premises.
<br />(a) Tenant's right to use the Premises is expressly contingent upon its obtaining all certificates, permits, zoning and other
<br />approvals that may be required by any federal, state or local authority. Tenant shall present evidence that it has obtained such permits
<br />to Landlord upon demand therefor.
<br />(b) In the event of communication interference or other conflict while this Agreement is in effect, the following priorities
<br />of use are listed in descending order, and Tenant's use shall be subordinate accordingly:
<br />1. Landlord;
<br />2. Public safety agencies that are not a part of Landlord;
<br />3. Other governmental agencies where use is not related to public safety; and
<br />4. Tenant and other government regulated entities whose antennas offer a service to the general public for a
<br />fee, in a manner similar to a public utility, such as long distance and cellular telephone, but not including
<br />radio or television broadcasters.
<br />6. Facilities: Utilities; Access.
<br />(a) Before obtaining a building permit, Tenant must pay for the cost of (i) a radio frequency interference study carried
<br />out by an independent and qualified professional selected by Landlord showing that Tenant's intended use will not interfere with any
<br />existing communications facilities and (ii) and engineering study showing that the Water Tank is able to support the Tenant Facilities
<br />without prejudice to Owner's use of the Water Tank. The results of such studies shall be immediately delivered to Landlord. Within
<br />thirty (30) days after receipt thereof, Landlord shall either (1) terminate this Agreement, or (2) authorize Tenant to apply for a building
<br />permit for construction of the Tenant Facilities, as the same have been approved by Landlord. With the prior written consent of
<br />Landlord, Tenant has the right to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises
<br />communications facilities, including without limitation utility lines, transmission lines, an air conditioned equipment shelter(s),
<br />electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and
<br />generator pad, and supporting equipment and structures therefor ( "Tenant Facilities "). In connection therewith, and with Landlord's
<br />prior written consent, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant's business
<br />operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and
<br />installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall keep the
<br />Property free from liens. In the event any lien is filed on the Property as a result of Tenant's acts, Landlord may immediately pay the
<br />same (including interest and penalties), and any amounts so expended by Landlord shall immediately become due and payable as
<br />additional rent. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property
<br />and are not fixtures. Tenant must remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of
<br />this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier
<br />termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. In the event Tenant fails to timely remove
<br />10.15.2004
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