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("Rent"). Rent for any factional month at the beginning or at the end of flic Tenn or Renewal 'Term shall be prorated. Rent shall be
<br />payable to Landlord at Saint Anthony City IIall, 3301 Silver Lake Road, Saint Anthony, Minnesota 55418-1699; Attention: Mr, Jay
<br />Hannan. All of "tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and
<br />executed W-9 Form from Landlord. Rent shall increase on each anniversary of the Terns Coin mencementDate by an amount
<br />equal to four percent (4%) of the rent then in effect for the previous year.
<br />S. Use. From and after the "form ConunencementDate, the Premises may be used by "tenant for the installation of up to
<br />twelve 12) antennas on the Water Tank and such ground facilities as may be reasonably necessary to support such antennas in
<br />connection with the provision of communications services, and Tenant shall have the ongoing right to perform such Investigations
<br />and Tests as Tenant may deem necessary or desirable with the prior written consent of Landlord, which may be conditioned upon
<br />Tenant's execution of an additional indemnification agreement. In tire event Tenant desires to install more than twelve (12)
<br />panels with 15 coxial cables and paint to match, Tenant nnust obtain the prior written consent of Landlord, which shall not be
<br />unreasonably withheld, conditioned or delayed. If Landlord consents, the rental annount shall be increased by $1,000.00 per
<br />antenna, per year. Landlord agrees to cooperate with Tenant, at no out of pocket expense to Landlord, in making application for and
<br />obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
<br />Premises.
<br />(a) 'Tenant's right to use the Premises is expressly contingent upon its obtaining all certificates, permits, zoning
<br />and other approvals that may be required by any federal, state or local authority. Tenant shall present evidence that it has
<br />obtained such permits to Landlord upon demand therefor.
<br />(b) In the event of communication inierference or other conflict while this Agreement is in effect, the following
<br />priorities of use are listed in descending order, and "]tenant's use shall he 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
<br />for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, but not
<br />including radio or television broadcasters.
<br />6. Facilities; Utilities; Access.
<br />(a) Before obtaining a building permit, Tenant must pay fon- the cost of (i) a radio frequency interference study
<br />carried out by Nextel or an independent and qualified professional selected by Landlord showing that Tenant's intended use
<br />will not interfere with arty existing communications facilities and (if) and engineering study showing that the Water Tank is
<br />able to support the Tenant Facilities without prejudice to Owner's use of the Water Tank. The results of such studies shall be
<br />immediately delivered to Landlord. Within thirty (30) days after receipt thereof, Landlord shall either (1) terminate this
<br />Agreement, or (2) authorize Tenant to apply for a building permit for construction of the Tenant Facilities, as the same have
<br />been approved by Landlord. With the prior written consent of Landlord, Tenant has the right to construct, erect, maintain, test,
<br />replace, remove, operate and upgrade on the Premises communications facilities, including without limitation utility lines, transmission
<br />lines, an an conditioned equipment sltelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas
<br />and equipment, a power generator and generator pad, and supporting equipment and structures therefor ("Tenant Facilities"). In
<br />connection therewith, and with Landlord's prior written consent, Tenant has the right to do all work necessary to prepare, maintain and
<br />alter the Premises for T'enant's business operations and to install transmission lines connecting the antennas to the transmitters and
<br />receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and
<br />workmanlike manner. Tenant shall keep the Property free from liens. In the event any lien is filed on the property as a result of
<br />Tenant's acts, Landlord may immediately pay the same (including interest and penalties), and any amounts so expended by
<br />Landlord shall immediately become due and payable as additional rent. Tenant shall hold title to the Tenant Facilities and all of
<br />the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant must remove the Tenant Facilities at its sole
<br />expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises
<br />caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from
<br />the Property.
<br />10.15.2004
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