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<br />. <br /> <br />MIN437 (MNRW0358/ 42346) <br /> <br />TERMINATION AGREEMENT <br /> <br />THIS TERMINATION AGREEMENT (this "Agreement") is made as of the <br />date upon which the last party signs this Agreement, by and between the CITY OF <br />NEW BRIGHTON, with an address of 803 Old Highway 8 NW, New Brighton, MN <br />55112 ("Landlord") and VERIZON WIRELESS (YAW) LLC, a Delaware limited <br />liability company, d/b/a Verizon Wireless, with its principal offices at One Verizon <br />Way, Basking Ridge, New Jersey 07920 ("Tenant"). <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, Landlord is the landlord and Tenant is the tenant under that <br />certain Well House 12 Site Lease Agreement dated May 25, 2000 by and between <br />Landlord and US West Wireless, L.L.C., predecessor in interest to Tenant (such Well <br />House 12 Site Lease Agreement, as it may have been amended, being referred to <br />herein as the "Lease") concerning certain property located at 2400 Mississippi Street <br />NW, New Brighton, MN 55112 (the "Property"); and <br /> <br />WHEREAS, Landlord and Tenant now desire to terminate the Lease; <br /> <br />. <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals, the payments <br />and mutual covenants set forth herein and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as <br />follows: <br /> <br />1. The Lease is terminated effective as of September 30, 2006 (the "Effective <br />Date"), The Lease shall be of no further force or effect thereafter. <br /> <br />2. In consideration of Landlord's agreement to terminate the Lease, Tenant <br />agrees that Landlord shall be entitled to retain the $6,330.92 overpayment for the <br />prorated payment due September 1, 2005 and the $65.48 overpayment for payment due <br />January 1, 2006. As additional consideration for Landlord's agreement to terminate <br />the Lease, Tenant shall pay to Landlord an amount equal to $19,853.60 (the <br />"Termination Fee"). The parties expressly acknowledge and agree that this Agreement <br />and the parties' rights and obligations hereunder are expressly contingent upon the <br />payment by Tenant to Landlord of the Termination Fee. <br /> <br />3, Landlord, for itself and its successors and assigns, accepts the surrender <br />of the Lease and the Property as of the Effective Date, and forever releases Tenant, <br />and its successors and assigns, from any and all further obligations under the Lease <br />. and any claim, demand or cause of action against Tenant, its successors and assigns, <br /> <br />1226958.1 <br /> <br />1 <br />