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5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for any lawful activity as
<br />pffroved_{>v_.t"° ~:«_ „r .; n, o~ .., ~. ~eEestiir+v. in connection with [he provision of communications
<br />services so long as such use does not conflict with the zoning ordinances of the City of Elk River, and Tenant shall have the
<br />ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable. Landlord agrees to cooperate with
<br />Tenant, at no out of pocket expense to Landlord, in tnakingproviding materials necessarv to make applications for and obtaining all
<br />licenses, permits and any and all other necessary approvals that may be required For Tenant's intended use of the Premises.
<br />6. Facilities: Utilities: Access.
<br />(a) Tenant is required to submit and process the necessarv land use applications as required by Elk River Citv
<br />Code Chanter 30 and receive approvals from the City of Elk River City Council prior to commencement of construction of the
<br />'T'enant Facilities After receivin the appropriate approvals and commencing the fin-al
<br />Agreement, Tenant has the right to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises
<br />communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines, an air
<br />conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and
<br />equipment, a power generator and generator pad, and supporting equipment and structures therefor ("Tenant Facilities"). In
<br />connection therewith, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant's business
<br />operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and
<br />installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall hold title
<br />to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant has the
<br />right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier Termination of this Agreement, and
<br />Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement,
<br />Tenant shall remove the Tenant Facilities from the Land, but is not required to remove any foundation more than one (I) foot below
<br />grade level. i.... i,° ,.. _,. 'r,.,,,..,. ,.i°,.,...,, ,. ,.,.......:°. .", .>......, ~.., .. •r,... ... ~ ........ ...... ..:.. .............~,
<br />~ase.,.,~,.~,~,..-~ .~,--.~,~,.t~hal. e-4 Ftewe~
<br />unless-F,a~dlorEf-uu•Ei#'ies-,'f'eua u~t-f#3u.l...i k -mast-de-se;
<br />(b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company.
<br />,enant shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service
<br />.rpm any utility company that will provide service [o the Land. In connection Therewith, Landlord hereby grants to the local
<br />telephone, power and utility companies (as appropriate) non-exclusive rights to locate, construct, install, operate, maintain, repair,
<br />replace, alter, extend, and/or remove cables and lines on, over, under and across a portion of Landlord's Property as necessary or
<br />desirable therefor. Landlord agrees to sign such documents or easements, a[ no cost to Tenant or the utility companies, as may be
<br />required by said utility companies to provide such service to the Premises. Any easements necessary for such power or other utilities
<br />will be at a locations re^°^°^"~"'o,~-,.~ selected at Landlord's sole discretion and acceptable to the servicing utility company.
<br />(c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord
<br />twenty-four (24) hours a day, seven (7) days a week, at no charge. Landlord grants to Tenant, and Tenant's agents, employees and
<br />contractors, anon-exclusive right and easement for pedestrian and vehicular ingress and egress across the Land, ^^'' °~^^'' °~~.n..,^a^a
<br />easementata~-bain the location described geneKa}}y in Exhibit B.
<br />(d) Landlord shall maintain all existing access roadways from the nearest public roadway to the entra+aee-te-the Premises
<br />in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be
<br />responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such
<br />roadways. ?'?~t°.?:;:~:;, .d~^° ~".,.~.o=.~::.g; Tenant tray shall construct an access road from the point where the existing asphalt road
<br />ends to the Premises ("Access Road") as shown on Exhibit B, across the Land as more fully described in Exhibit B,~,°Te;&;,r;tia.°^~"'•
<br />Tenant shall be responsible for
<br />maintaining and repairing such Access Road until the expiration or earlier termination of this Agreement, at its sole expense, less
<br />reasonable wear and tear or loss by casualty or other causes beyond Tenant's reasonable control. Landlord shall be re°~°°°~"~l~F~r--~.°°}
<br />^° '-°^'~-°, °°a °"^" "° responsible for maintaining and repairing the Access Road from and after the expiration or earlier termination of
<br />this Agreement, which costs shall be Landlord's sole responsibility.
<br />(el ~)R~:.,° ........,. •r.,,s .."., r .,..a~ ..`a.~.~."~'r3t2 -EirmHtnFtlt-~`-}'=tttei'-gettC'V
<br />~s`ste "v r z' 't' ' q a~ no rental enct to T_nrul' ~ 'r ^t °ti^n ° r,.-+ti„~~ ~~st~~~
<br />~~ ~• *~ r n t t ti t a, r .,. c...,an~:°°. Toro t zro ~ t in> t<ro Lessor shall be allowed
<br />to install ~~ antennas and required cables and wiring on L.essee's antenna tower at the
<br />
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