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(Nextel Site#MN0072) <br /> LEASE TERMINATION AGREEMENT <br /> AND RELEASE <br /> This LEASE TERMINATION AGREEMENT AND RELEASE (the "Agreement") is <br /> made as of , 2012, by and between Nextel West Corp., a Delaware corporation <br /> ("Nextel") and City of New Brighton, a Minnesota municipal corporation("Owner")with <br /> reference to the following facts, understandings and intentions: <br /> RECITALS <br /> A. Owner owns certain property located at 660 5th Street,New Brighton, MN <br /> ("Owner's Property"). Nextel, as lessee or tenant (or successor in interest to the lessee or <br /> tenant), and Owner, as lessor or landlord (or successor in interest to the lessor or landlord), are <br /> parties to that Tower Lease Agreement dated as of March 11th, 1998 (the "Lease") whereby <br /> Owner leases to Nextel a portion of Owner's Property, as further described in the Lease (the <br /> "Site"). <br /> B. Nextel uses the Site for a communications facility that, pursuant to the Lease, may <br /> include among other things, an antenna tower or pole and foundation, utility lines, transmission <br /> lines, an air conditioned equipment room or shelter and pad, cable wiring, conduit runs, radios <br /> and other electronic equipment,transmitting and receiving antennas and microwave dishes, <br /> batteries and other power sources (possibly including a generator and pad), related fixtures and <br /> supporting equipment, and structures therefor (collectively,the "Communications Facility"). <br /> C. By letter dated June 29th, 2012, as permitted by the terms of the Lease,Nextel <br /> notified Owner of Nextel's election to terminate the Lease, effective as of September 30th, 2012 <br /> ("Notice"). Termination was not for cause. Owner acknowledges that Nextel's written Notice <br /> was properly given and effective. <br /> D. Nextel and Owner are willing to so terminate the Lease, pursuant to the provisions <br /> of this Agreement. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br /> other good and valuable consideration,the receipt and adequacy of which are hereby <br /> acknowledged, the parties agree as follows: <br /> 1. Date of Termination; Final Payment. <br /> a. The Lease is hereby canceled and terminated effective at 11:59 p.m. on <br /> September 30th, 2012 ("Termination Date"). <br /> b. In full and final payment of any and all sums due or owing by Nextel to <br /> Owner under the Lease or otherwise in connection with Owner's Property <br /> 1 <br /> 04 iDEN DeComm Lease Termination Agreement 05142012 <br /> 412167 CLL NE136-131 <br />