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SITENAME 39
<br />SITCNUM ER: MN-MSP0210
<br />COMMUNICATION SITE LEASE AGREEMENT (WATER TANK)
<br />THIS COMMUNICATION SITE LEASE AGREEMENT ("Agreement") dated and is effective as of
<br />, 2010, is between Clear Wireless, LLC, a Nevada limited liability company ("Clearwire" or
<br />"Tenant"), and City of St. Anthony„ a Minnesota Municipal Corporation ("Owner" or "Landlord").
<br />For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
<br />parties hereto agree as follows:
<br />1. Premises. Owner owns a parcel of land ("Land") and a water tank ("Water Tank")
<br />located in the City of St. Anthony, County of Hennepin, State of Minnesota, commonly known as 3301 Silver Lake
<br />Road, Minneapolis, MN 55418. The Water Tank and the Land are collectively referred to herein as the
<br />"Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of
<br />Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Clearwire and Clearwire leases
<br />from Owner approximately 100 Square Feet of Land and space adjacent to and/or on the Water Tank and all access
<br />and utility easements necessary or desirable therefore (collectively, "Premises") as may be described generally in
<br />Exhibit B annexed hereto. Notwithstanding the foregoing, any improvements constructed by Tenant on the ground
<br />adjacent to the Water Tank shall be located a minimum of 15 feet from the drip line of the Water Tank. It is
<br />expressly acknowledged and agreed that Tenant shall have non-exclusive use of the Water Tank, and exclusive use
<br />of the ground fixtures Tenant installs on the Premises, pursuant to the provisions of this Agreement.
<br />2. Effective Date/Due Dilieence Period, This Agreement shall be effective on the date of full
<br />execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term
<br />Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted
<br />to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections,
<br />and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental
<br />tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to determine the
<br />physical condition, feasibility and suitability of the Premises. Prior to entering the Property, Tenant must provide
<br />Landlord with evidence of the insurance required to be carried by Tenant hereunder. Tenant shall be solely
<br />responsible for returning the property to its original condition, shall indemnify and hold harmless Landlord from the
<br />cost of Investigations and Tests conducted by or on behalf of Tenant, and shall keep the property free of all liens.
<br />Throughout the Due Diligence Period, Tenant shall have the ongoing obligation to maintain the Properly and return
<br />the same to its condition prior to the Effective Date, including but not limited to, repairing any damage resulting
<br />from the conduct of its Investigations and Tests. Tenant shall provide Landlord with copies of all reports generated
<br />by or on behalf of Tenant pursuant to this section. The obligations set forth in Section 2 survive the expiration or
<br />termination of this Agreement. In the event that Clearwire determines, during the Due Diligence Period, that the
<br />Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides
<br />not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement
<br />without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term
<br />Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the
<br />Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations
<br />and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall
<br />have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior
<br />to the Term Commencement Date,
<br />3. Use. The Premises may be used by Tenant for any lawful activity in connection with the
<br />provisions of wireless communications services, including without limitation, the transmission and the reception of
<br />radio communication signals and the construction, maintenance and operation of related communications facilities.
<br />Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all
<br />licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
<br />Premises. Tenant's right to use the Premises is expressly contingent upon 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
<br />it has obtained such permits to Landlord upon demand therefor.
<br />4. Term, The term of this Agreement shall commence upon the date Tenant begins construction of
<br />the Tenant Facilities (as defined in Paragraph 6 below) or six (6) months following the Effective Date, whichever
<br />first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term
<br />Clcanvirc Comnni kation Power All.,11c111 - I- v.5-22-06
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