2.4. ERMUSR 05-20-2014 - Laserfiche WebLink

Home Browse Search

Non-Exclusive Tower Attachment Lease Agreement This swer Attachment Lease Agreement ("Lease") is executed this day of , i 0 , by and between Elk River Municipal Utilities ("Lessor") and Verizon Wireless (VA i )LLC d/b/a Verizon Wireless ("Lessee"). WHE ";EAS Lessor owns an elevated water tank (the "Water Tower") located at 17721 Johnson St. N ' , Elk River, Minnesota, on the property legally described on Exhibit A attached hereto(the "P iperty") and designated by the Lessee as MIN-Vieths; and WHE 'I'EAS, Lessor has adopted a Policy Statement Regarding the use of Lessor's Property for II ommunication Antennas and Towers (the "Policy Statement"), which Policy Statement pro I ides, among other things, that priority in the location of communication facilities on Lessor's P 1•perty shall be given to Lessor, to public safety agencies, to other governmental agencies, and 1• private entities, in that order; and WHE EAS, Lessee desires to lease from Lessor certain designated space on the Water Tower to inst. 1, operate and maintain certain of Lessee's antennae, other equipment and related devices (colle 1 ively, the"Equipment"); and WHE EAS, Lessor desires to lease certain designated space for Lessee's Equipment on the Water To -r, provided Lessee's Equipment does not interfere with Lessor's daily operations and maintena e of the Water Tower, and provided further that Lessee will defend, indemnify and hold Les.•r harmless from and against any and all damages caused by the installation, operation and aintenance of the Equipment. NOW, HEREFORE, for and in consideration of the terms and mutual promises herein contained, an• for other good and valuable consideration, the receipt and sufficiency of which are hereby ac Ii owledged, Lessor and Lessee agree as follows. 1. Grant if Lease Lessor hereby grants to Lessee the right to install, maintain, and operate on, and to remove com nication equipment from, the Water Tower, and also grants certain easements (the "Easeme s") over the Property for ingress, egress and utilities, during the Initial Term and any Renewal terms, as those terms are hereinafter defined. The Easements shall be as shown on Exhibit B attached hereto. The Equipment shall be as described on Exhibit C attached hereto and shall be 1•C ated as shown on Exhibit C. Neither the location nor the extent of the Easements or the Equipment shall be changed without the prior written consent of Lessor. 2. Use Lessee shall be permitted to install the Equipment on the Property and to install or improve utilit •s on the Property over the Easements. The Equipment, including the number, location and `ounting height of all antennas, and the size and location of all other Equipment, shall be as d:scribed on Exhibit C and shall be installed only as depicted and shown on Exhibit C. E ibits B and C may be amended by Lessee, from time to time, without amending this Lease, bu I only with the written approval of the Lessor, which approval may be conditioned 42