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TOWER LEASE AGREEMENT <br /> This Tower Lease Agreement ("Agreement") is made and entered into as of <br /> , 2013, between City of New Brighton, a Minnesota municipal <br /> corporation, hereinafter referred to as "Lessor" and New Cingular Wireless PCS, LLC, a <br /> Delaware limited liability company, hereinafter referred to as "Lessee". <br /> A. Lessor is the owner of certain real property located in the County of Ramsey, <br /> State of Minnesota, described in Exhibit A attached hereto and made a part hereof by <br /> this reference (the "Property"). <br /> B. Lessee desires to lease a portion of the Property consisting of tower space <br /> for an antenna system and ground space for an equipment shelter (the "Premises"), as <br /> well as rights of way for ingress and egress and utilities thereto ("Access Areas"). The <br /> premises are described in Exhibit B attached hereto and made a part hereof by this <br /> reference. The Premises may be more specifically described following a survey which <br /> may be obtained at a later time, and such survey shall then supplement Exhibit B, and <br /> become a part hereof and shall control to describe the Premises and Access Areas in <br /> the event of any discrepancy between such survey and the description of the Access <br /> Areas or boundary of the Premises contained herein. <br /> C. The primary purpose of the tower is to provide water service to residents of <br /> New Brighton. In the event that the use of the tower for water service is jeopardized <br /> because of antenna usage on the tower, the City may require reasonable changes in <br /> the terms and conditions of this Agreement in order to correct said deficiencies. <br /> For valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, Lessor and Lessee agree as follows: <br /> ARTICLE 1. <br /> In addition to the terms that defined elsewhere in this Agreement, the following <br /> terms are used in this Agreement: <br /> (a) Tower: The water tower located at 660 5th Street SW, on <br /> which a portion of the Premises is located. <br /> (b) Lessor: City of New Brighton <br /> (c) Lessor's Address: 803 Old Highway 8 NW <br /> New Brighton, Minnesota 55112 <br /> Telephone: (651) 638-2050 <br /> 1 <br />