ERMUSR MISC ITEMS 06-10-2003 - Laserfiche WebLink

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SITE AGREEMENT This Site Agreement ("Agreement") is made as of this day of August, 2003, by and between Elk River Municipal Utilities, a Minnesota municipal utility, ("ERMU"), whose address is 322 King Avenue NW, Elk River, Minnesota 55330 and Corporate Technologies, a Minnesota corporation (hereinafter, LESSEE), for the leasing of certain property interests pursuant to the following terms: 1 . PROPERTY. The property interests hereby leased (collectively, the "Leased Premises") and granted by ERMU include the following property: Jackson Street Tower Site: Located on Jackson Street NW, Elk River, Minnesota. Real property comprised of the existing stucco building, water tower ("Structure") exterior space for attachment of , ( ) tall non-guyed antennas, space required for cable runs to connect equipment and antennas, non- exclusive easements required to run utility lines/cables, a non-exclusive easement across ERMU property, (hereinafter defined) for access in or upon the ERMU's real property ("ERMU's Property"). ERMU's property is legally described in Exhibit A attached hereto, and the locations of the equipment and antennas on the Structure are depicted in Exhibit B attached hereto. 2. TERM. The initial term of this agreement shall commence on September 1 , 2003, and shall terminate on August 31 , 2014. 3. OPTION TERMS. LESSEE may extend the term of the Agreement for the additional five (5) year option periods. Unless (a) ERMU delivers to LESSEE written notice of non-renewal to LESSEE no later than ninety (90) days prior to the expiration of the Initial Term or applicable Option Period, or (b) LESSEE gives ERMU written notice of its intention not to extend at least ninety (90) days prior to the expiration of the then-current term, the applicable Option Period shall be deemed effective. 4. RENT. The LESSEE shall pay ERMU first year rent of six thousand dollars ($6,000.00). ERMU will issue an invoice for each subsequent year's rent on or about September 1 . The rental year shall run from September 1 to August 31 . The rental amount may be adjusted annually based on the Consumer Price Index for All Urban Customers (CPI-U); however, any annual increase in rent from the previous year shall not exceed six percent (6%). Rent prorations shall be based on the number of days in the calculation period. If this Agreement is terminated for any reason other than LESSEE's default, any prepaid rents for the period after termination shall be refunded to LESSEE (or credited against any termination fee payable by LESSEE pursuant to Section 11 below). 5. USE. LESSEE may use the Leased Premises for the purpose of installing, removing, replacing, maintaining, modifying, altering and operating its communication fixtures and related equipment antennas, cables, accessories am 1 •