73
<br />SITE NAME: M1NC Central
<br />SITE NUMBER:
<br />ATTY/DATE: 1/23/2013
<br />WATER TOWER LEASE AGREEMENT
<br />This Agreement, made this day of , 20. between St.
<br />Anthony Village, Minnesota, a Minnesota statutory city, also known as the City of St. Anthony,
<br />a body politic and corporate under the laws of the State of Minnesota, with its principal offices at
<br />3301 Silver Lake Road, St. Anthony, Minnesota 55418, hereinafter designated LESSOR and
<br />Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One
<br />Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-
<br />862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively
<br />referred to hereinafter as the "Parties" or individually as the "Party".
<br />WITNESSETH
<br />In consideration of the mutual covenants contained herein and intending to be legally
<br />bound hereby, the Parties hereto agree as follows:
<br />L PREMISES. LESSOR hereby leases to the LESSEE.; a portion of that certain
<br />space ("the Tower Space") on the LESSOR's water tower, hereinafter referred to as the "Tower",
<br />located at 3109 33`d Avenue Northeast, in the City of St. Anthony, County of Hennepin, State of
<br />Minnesota, as being further described in Exhibit `hA" attached hereto and made a part hereof (the
<br />entirety of LESSOR's property is referred to hereinafter as the "Property"), together with a
<br />parcel of land (the "Land Space") sufficient for the installation of LESSEE's equipment
<br />building; together with the non-exclusive right ("the Right of Way") for ingress and egress,
<br />seven (7) days a week, twenty-four (24) hours a day (subject to Paragraph 13 below), on foot or
<br />motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
<br />cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public
<br />right-of-way, 33`d Avenue Northeast, to the Land Space; and together with any further rights of
<br />way (the "Further Rights of Way") over and through the Property between the Land Space and
<br />the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and
<br />pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are
<br />collectively referred to hereinafter as the "Premises", are substantially described in Exhibit "A",
<br />attached hereto and made a part hereof.
<br />In the event any public utility is unable to use the Right of Way or Further Rights of
<br />Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or
<br />to the public utility at no cost to the LESSEE.
<br />LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio
<br />communications equipment, antennas and appurtenances described in Exhibit `B" attached
<br />hereto.
<br />LESSEE reserves the right to replace the aforementioned equipment with similar and
<br />comparable equipment provided said replacement does not increase tower loading of said Tower.
<br />
|