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2016.11.09 CC Combined
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2016.11.09 CC Combined
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DRAFT <br />3-2-16 <br /> <br />475988v2 TJG NE136-131 1 <br /> <br /> <br />SITE LEASE AGREEMENT BY AND BETWEEN <br />THE CITY OF NEW BRIGHTON AND T-MOBILE CENTRAL LLC <br /> <br /> THIS SITE LEASE AGREEMENT (“Lease”), made this ___ day of ____, 2016 between <br />the City of New Brighton, a Minnesota municipal corporation, (“Landlord”) and T-Mobile <br />Central LLC, a Delaware limited liability company, successor in interest to APT Minneapolis, <br />Inc. (“Tenant”). Landlord and Tenant may hereinafter be referred to collectively as the “Parties” <br />or individually as a “Party”. <br /> <br />RECITALS <br /> <br />A. Landlord is the owner of the real property located at 675 Forestdale Road, City of New <br />Brighton, County of Ramsey, State of Minnesota, and legally described in the attached <br />Exhibit A (“Property”); <br /> <br />B. Landlord owns the water tower (“Water Tower”) located on the Property; <br /> <br />C. Tenant, pursuant to a tower lease agreement entered into between the Parties on June 21, <br />1996 and which expires on December 31, 2016, (“Original Lease”) installed and <br />maintains certain communications equipment, personal property, and improvements <br />associated with Tenants wireless communications business on the Property and the Water <br />Tower as depicted in the as-built drawing attached Exhibit B (collectively the “Antenna <br />Facilities”). For the purposes of this Lease, the term Antenna Facilities is defined <br />broadly to include all of Tenant’s existing equipment, personal property, and <br />improvements on the Property and Water Tower, as well as any additional equipment, <br />personal property, and improvements Tenant places on the Property or the Water Tower <br />as provided herein; <br /> <br />D. The Antenna Facilities are located on ground space comprised of approximately 240 <br />square feet and on the Water Tower, all as shown on the attached Exhibit C (“Leased <br />Premises”); and <br /> <br /> <br />E. Tenant desires to continue to lease from Landlord, and Landlord desires to continue to <br />lease to Tenant, the Leased Premises for its Antenna Facilities in accordance with the <br />terms and conditions of this Lease and subject to all existing easements which may exist <br />on the Property. <br /> <br />AGREEMENT <br /> <br /> For good and valuable consideration, the Parties agree as follows: <br /> <br />1. Leased Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from <br />Landlord, those portions of the Property and the Water Tower identified as the Leased Premises
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