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COMMUNICATIONS FACILITY LEASE <br />AGREEMENT NO. 2017 -CE -Hugo <br />HUGO WATER TOWER <br />THIS AGREEMENT is made by and between the City of Hugo, hereinafter referred to as LESSOR, <br />and Connexus Ener-gy, hereinafter referred to as LESSEE. <br />WHEREAS, the Public Works Director is empowered to enter into agreements to permit non -city <br />owned communications equipment on city owned communications towers, land, buildings or other <br />structures which are under the jurisdiction of Public Works; <br />WHEREAS, the City of Hugo owns and the Director of Public Works has custodial responsibility for <br />the tower. land, buildings or:other structures located on said property located at 5290 159th St. in the <br />City of Hugo, Minnesota, herein referred to respectively as ("Communications Facility"), more fully <br />described in Exhibit A, attached hereto; <br />WHEREAS, LESSOR has determined that said Communications Facility has excess capacity which <br />is temporarily surplus to its needs, LESSOR is willing and able to Lease space on or within the tower <br />and land to LESSEE under certain terms and conditions; <br />WHEREAS, LESSEE requires space on said Communications Facility to install and maintain <br />LESSEE'S communications equipment as described in the attached Exhibit B; <br />NOW THEREFORE, in consideration of the foregoing and in consideration of the mutual covenants <br />herein contained, which each of the parties hereto acknowledge as adequate and sufficient, it is <br />hereby agreed as follows. <br />1. COMMUNICATIONS FACILITY Here forward Communication Facility shall refer to the Hugo <br />water tower, enclosed equipment space, and tower land owned by the city of Hugo. LESSOR <br />grants and LESSEE accepts a Lease to use the Communications Facility located In the City of <br />Hugo, Minnesota, for tower space and land for LESSEE'S shelter location and equipment, <br />combined with access to LESSOR'S Communications Facility more fully described in Exhibit <br />A. <br />2. TERM <br />2.1 The term of this Lease is five (5) years, commencing October 1. 2017 ("Commencement <br />Date") .continuing through September 30, 2022 ("Term.") <br />2.2 Adjustment of'Commencement Date In the event LESSEE cannot take possession of <br />the entire Leased Communications Facility on or before October '1; 2017, then: <br />a. The commencement date shall be determined according to the date LESSEE <br />takes possession of the Leased Communications Facility in its entirety by <br />