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CC PACKET 02092010
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CC PACKET 02092010
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7/30/2015 10:33:46 AM
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4/30/2014 4:44:47 PM
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City Council
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SRGNAM6 48 <br />S1'rC NUMCCR: MN-MSP0210 <br />EXHIBIT C <br />COMMUNICATIONS FACILITY <br />to the Agreement dated , 20_, by and between City of St. Anthony, a Minnesota <br />Municipal Corporation, as Landlord, and Clear Wireless, LLC, a Nevada limited liability company, as Tenant. <br />RECORDED AT REQUEST OF, AND <br />WHEN RECORDED RETURN TO: <br />Clearwire <br />4400 Carillon Point <br />Kirkland, WA 98033 <br />Attn: Site Leasing <br />MEMORANDUM OF AGREEMENT <br />APN: 06-029-23-13-0002 <br />This MEMORANDUM GF AGRFEMENr is entered into on , 2010, by City of St. Anthony, a <br />Minnesota Municipal Corporation, with an address at 3301 Silver Lake Road, St. Anthony, Minnesota, 55418 <br />(hereinafter referred to as "Owner" or "Landlord") and Clear Wireless, LLC, a Nevada limited liability company, <br />with an address at 4400 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or "Tenant"). <br />1. Owner and Clearwire entered into a Communication Site Lease Agreement <br />("Agreement") dated as of 2010, effective upon full execution of the parties ("Effective Date") <br />for the propose of Clearwire undertaking certain Investigations and Tests and, upon finding the Property appropriate, <br />for the purpose of installing, operating and maintaining a communications facility and other improvements. All of <br />the foregoing is set forth in the Agreement. <br />2. The term of Clearwire's tenancy under the Agreement is for five (5) years <br />commencing on the start of construction of the Tenant Facilities or six (6) months following the Effective Date, <br />whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of the 'Perm <br />Commencement Date with five (5) successive five (5) year options to renew. <br />3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The <br />portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set <br />forth in the Agreement. <br />In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first <br />written above. <br />LANDLORD: <br />City of St. Anthony, <br />A Minnesota Municipal Corporation <br />By: EXHIBIT ONLY — DO NOT EXECUTE <br />Name: <br />Title: <br />Date: <br />TENANT: <br />Clear Wireless, LLC, <br />a Nevada limited liability company <br />By: EXHIBIT ONLY — DO NOT EXECUTE <br />Name: <br />Title: <br />Date: <br />Clearwire Comnumicaiion I ower ASrccmm11t - le- e5-22-06 <br />
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