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(Nextel Site#MN0072)
<br /> Exhibit A
<br /> SITE ACCEPTANCE and RELEASE
<br /> This SITE ACCEPTANCE and RELEASE is made as of ,2012,by and between Nextel
<br /> West Corp.,a Delaware corporation("Nextel")and City of New Brighton,a Minnesota municipal corporation
<br /> ("Owner")with reference to the following facts,understandings and intentions:
<br /> A. Owner and Nextel are parties to that LEASE TERMINATION AGREEMENT and RELEASE
<br /> dated ,2012(the"Agreement"),that terminated a Lease for a Site on Owner's Property located at
<br /> 660 5th Street,New Brighton,MN(Nextel Site#MN0072),all terms of which are incorporated herein. Capitalized
<br /> terms used but not defined herein have the meanings set forth in the Agreement.
<br /> B. Nextel used the Site for a communications facility that may have included,among other things,an
<br /> antenna tower or pole and foundation,utility lines,transmission lines, an air conditioned equipment room or shelter
<br /> and pad,cable wiring,conduit runs,radios and other electronic equipment,transmitting and receiving antennas and
<br /> microwave dishes,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. Nextel removed some or all of the Communications Facility and restored the Site and Owner's
<br /> Property to the condition that,to the best of the Owner's knowledge, is as required by the Lease and the Agreement,
<br /> and Nextel vacated and surrendered the Site to Owner. The parties now desire to execute this Site Acceptance and
<br /> Release,pursuant to the Agreement.
<br /> NOW,THEREFORE,in consideration of the foregoing,the provisions set forth below,and other good and
<br /> valuable consideration,the receipt and adequacy of which are hereby acknowledged,Owner hereby acknowledges
<br /> that Nextel has restored the Site and Owner's Property to the condition that,to the best of the Owner's knowledge, is
<br /> as required by the Lease and the Agreement,and Nextel vacated and surrendered the Site to Owner on or before the
<br /> Termination Date as required by the Agreement. Owner acknowledges that any portion of the Communications
<br /> Facility(and any other equipment or property)remaining on Owner's Property shall be deemed abandoned by
<br /> Nextel(collectively,the"Abandoned Property"),and Owner accepts any such Abandoned Property in its present
<br /> condition"AS-IS","WHERE-IS"and "WITH ALL FAULTS", and without any representations,warranties,
<br /> promises,covenants or guaranties whatsoever,express,implied,oral,written,statutory or otherwise (including,
<br /> without limitation,no warranties of merchantability,marketability,profitability,fitness for a particular purpose or
<br /> conformity to models or materials),and Owner fully and forever releases Nextel and the Released Parties from all
<br /> Claims and any and all liability whatsoever in connection therewith,and agrees to indemnify,defend and hold
<br /> Nextel and the Released Parties harmless from and against all Claims and any and all losses,costs,liabilities,
<br /> damages,claims,actions and causes of action(including attorneys' fees and court costs)arising out of or relating in
<br /> any way to any such Abandoned Property.
<br /> Executed on_ _ ,2012
<br /> "OWNER" "NEXTEL"
<br /> City of New Brighton, Nextel West Corp.,
<br /> a Minnesota municipal corporation a Delaware corporation
<br /> By: By:
<br /> Name: Name:
<br /> Title: Title:
<br /> A-1
<br /> 04 iDEN DeComm Lease Termination Agreement 05142012
<br /> 412167 CLL NE136-131
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