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SITENAME 40 SITE NUMBER: MN-MSP0210 Commencement Date ("Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 5. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord as rent Two Thousand and 00/100 Dollars ($2000.00) per month ("Rent"). 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 Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota 55418; Attention: City Manager. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. Rent shall be increased on each anniversary of the Term Commencement Date by an amount equal to 4%. 6. Improvements. 6.1 Before obtaining a building permit, Tenant must pay for the cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Water Tank is able to support the Tenant Facilities without prejudice to Owner's use of the Water Tank. The results of such studies shall be immediately delivered to Landlord. Within thirty (30) days after receipt thereof, Landlord shall either (1) terminate this Agreement, or (2) authorize Tenant to apply for a building permit for construction of the Tenant Facilities, as the same as have been approved by Landlord. With the prior written consent of Landlord, Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, an ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefore ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant must remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. In the event Tenant fails to timely remove the Tenant Facilities, the Tenant Facilities shall become property of Landlord, to be disposed of as Landlord sees fit at Tenant's expense. 7. Repairs; Maintenance. Tenant shall repair any damage to the Premises or Property caused by Tenant. Upon expiration or termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear and loss by casualty excepted. As pall of the regular maintenance of the Water Tank and during the term of this Agreement, Landlord may from time to time paint the Water Tank. ht such case, upon 30 days' prior written notice from Landlord, Tenant will remove all of its cellular phone antennas from the Water Tank. Tenant shall then be allowed to locate its antennas on a temporary antenna support structure provided by Tenant. Such temporary antenna support structure may be located in the immediate vicinity of the Water Tank, at such location that will allow the antennas to operate for Tenant's intended purpose, but which will not interfere with the painting of the Water Tank. Upon completion of the painting of the Water Tank, Landlord shall provide written notice to Tenant of the same, and Tenant shall promptly reinstall its antennas on the Water Tank, and Tenant shall further remove the temporary antenna support structure from the Premises or the vicinity of the Premises, as the case may be. Tenant shall also, at that time, have its antennas painted the same color as the Water Tank. All Tenant's actions described in this Section shall be performed at Tenant's sole cost and expense. Tenant agrees that all of Tenant's obligations contained in this Agreement, including but not limited to, defense, indemnification, and insurance obligations, shall continue during such time as Tenant's antennas are removed from the Water Tank, and shall be extended to cover Tenant's activities on the Premises or the vicinity of the Premises, as the case may be, specifically including but not limited to, the presence and operation of Tenant's temporary antenna support structure. In addition, upon prior written notice from Landlord, Tenant agrees to promptly pay Landlord all additional Landlord expenses incurred in maintaining the Premises, including painting or other maintenance of the Water Tank, that are caused by 'T'enant's occupancy of the Premises. Upon prior written notice from Landlord, Tenant further agrees to cooperate with Landlord in the Cleanvire Communication Tower Agrcenient - 2- v.5-2206