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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 />