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<br />Site: MN0323-A / Gross 11/15/2005
<br />Market: Chicago
<br />COMMUNICATIONS SrrE LEAST A(>RI'sEMItN"r (WA"I'I�;R'TANK)
<br />This COMMUNICATIONS SITE LEASL AGREEMENT ("Agreement") is dated as of 2005, by Nextel West
<br />Cup., a Delaware corporation ("Nextel" or `°Penant") and City of St. Anthony, a Minnesota municipal corporation ("Owner" or
<br />"Landlord")
<br />For One Dollar ($1.00) paid to Owner, and other good and valuable consideration the receipt and sufficiency of which are
<br />hereby acknowledged, the parties hetow agree as follows:
<br />1. Premises. Owner owns a parcel of laud ("Land") and a water tank ("Water Tank") located in the City of Saint Anthony,
<br />County of Hennepin, State of Minnesota, commonly known as 3109 - 33id Avenue, St. Anthony, Minnesota 55418-1699 (APN:
<br />06-029-23-13-0002). The Watcr Tank and the Land are collectively referred to herein as the `Property." The Land is snore
<br />particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence
<br />Period"), Owner hereby leases to Nextel and Nextel leases from Owner approximately two hundred and forty (240) square feet of Land
<br />and space adjacent to and/or on the Water Tank and all access points reasonably necessary for the use dnereof (collectively,
<br />"Premises") as may be described generally in Exhibit 13 annexed hereto. Notwithstanding the foregoing, any improvements
<br />constructed by Tenant on the ground adjacent to the Water Tank shall be located a minimum of 15 feet from the drip line of
<br />the Water Tank. It is expressly acknowledged and agreed that Tenant shall have non-exclusive use of the Water Tank, and
<br />exclusive use of the ground fixtures Teuantinstalls on the Premises, pursuant to the provisions of this Agreement.
<br />2. Effective Date/Due Diligence Period, This Agreement shall be effective on the date of full execution hereof ("Effective
<br />Date"). Began Zing on the ISffcdivo Dato and continuing until the Term Commencement Date as defined in Para graph 3 below ("Due
<br />Diligence Period"), Nextel shall only be permitted to enter the Property for tho limited purpose of making approprilic engineering and
<br />boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, Structural and
<br />environmental tests (collectively, "Investigations and Tests") that Nextel nnay deem necessary or desirable to determine tlne physical
<br />condition, feasibility and suitability of the Premises. Prior to entering the Property, Nextel must provide Owner with evidence of
<br />the insurance required to be carried by Nextel hereunder. Nextel shall be solely responsible for returning the Property to its
<br />original condition, shall indemnify and hold harmless Owner from the cost of an Investigations and Tests conducted by or on
<br />behalf of Nextel, and shall keep the Property free of all liens. Throughout tire Due Diligence Period, Nextel shall have the
<br />ongoing obligation to maintain the Property and return the same to its condition prior to the Effective Date, including but not
<br />limited to, repairing any damage resulting from the conduct of its Investigations and Tests. Nextel shall provide Owner with
<br />copies of all reports generated by or on behalf of Nextel pursuant to this Section. The obligations set forth in this Section 2
<br />survive the expiration or termination of the Agreement. Upon Nextel's request, Owner agrees to provide promptly to Nextel
<br />copies of any plans, specifications, surveys and Water Tank maps for the Land and Water Tank that are in Owner's possession. In the
<br />event that Nextel determines, during the Due Diligence Period, that the Promises are not appropriate for Nextel's intended use, or if for
<br />any other reason, or no reason, Nextel decides not to commence its tenancy of the Premises, then Nextel shall have the right to
<br />terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the
<br />Term Commencement Date. Owner and Nextel expressly acknowledge and agree that Nextcl's access to the Property during this Due
<br />Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Nextel shall not be
<br />considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property
<br />(except as expressly provided in this Paragraph 2), prior to the Term Commencement Date.
<br />3. Term. The term of Nextel's tenancy hereunder shall commence upon the start of construction of the Tenant Facilities (as
<br />defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement
<br />Date") and shall terminate on the fifth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as
<br />provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods ("Renewal Tereus") on
<br />the same terms and conditions as set forth herein, including the animal rent increases described in Section 4 below. This Agreement
<br />shall automatically be extended for each successive Renewal Term unless Tonant notifies Landlord of its intention not to renew prior
<br />to commencement of the succeeding Renewal Term, or unless such Renewal Terms are cancelled by Landlord as set forth herein,
<br />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 Six Hundred fifty and 00/100 Dollars ($1,650.00) per month
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