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1 <br />SITE LEASE AGREEMENT BY AND BETWEEN <br />THE CITY OF NEW BRIGHTON AND DISH <br />WIRELESS, L.L.C. <br /> <br />THIS SITE LEASE AGREEMENT (“Lease”), made this day of , 2023 between <br />the City of New Brighton, a Minnesota municipal corporation, (“Landlord”) and <br />DISH Wireless L.L.C., a Colorado limited liability company having a place of business at 9601 <br />S. Meridian Blvd., Englewood, Colorado 80112 (“Tenant”). Landlord and Tenant may <br />hereinafter be referred to collectively as the Parties or individually as a Party. <br /> <br />RECITALS <br /> <br />A. Landlord is the owner of the real property located at 700 Silver Lake 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 wishes to install and maintain certain communications equipment, personal <br />property, and improvements associated with Tenant’s wireless communications business <br />on the Property and the Water Tower as depicted in the site plans and drawings attached <br />as Exhibit B (collectively the “Antenna Facilities ”); <br /> <br />D. The Antenna Facilities shall be located on the portions of the Property and the Water <br />Tower as shown on the attached Exhibit C and which is comprised of approximately one <br />hundred forty-three (143) square feet (“Leased Premises”) along with those access <br />easement and utility easement rights as shown on Exhibit C; <br /> <br />E. Tenant desires to continue lease from Landlord, and Landlord desires to lease to Tenant, <br />the Leased Premises for its Antenna Facilities in accordance with the terms and <br />conditions of this Lease and subject to all existing easements which may exist on the <br />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 <br />in the attached Exhibit C for the purpose of maintaining, repairing, r eplacing, and improving its <br />Antenna Facilities in accordance with the terms and conditions of this Lease. This Lease includes <br />the right for Tenant to use the Water Tower for attaching and locating directional antennas, <br />connecting cables and appurtenances, together with appurtenant easements and access rights. <br />Tenant is solely responsible for evaluating the suitability of the Leased Premises for its purposes.