2.7. ERMUSR 03-15-2016 - Laserfiche WebLink

Home Browse Search

Non-Exclusive Tower Attachment Lease Agreement This Tower Attachment Lease Agreement ("Lease") is executed this day of , 2016, by and between Elk River Municipal Utilities ("Lessor") and Verizon Wireless(VAW)LLC d/b/a Verizon Wireless("Lessee"). WHEREAS, Lessor owns an elevated water tank (the "Water Tower") located at 19533 Auburn Street, Elk River, Minnesota, on the property legally described on Exhibit A attached hereto(the"Property") and designated by the Lessee as MINC-MILLENNIUM; and WHEREAS, Lessor has adopted a Policy Statement Regarding the use of Lessor's Property for Communication Antennas and Towers (the "Policy Statement"), which Policy Statement provides, among other things, that priority in the location of communication facilities on Lessor's Property shall be given to Lessor, to public safety agencies, to other governmental agencies, and to private entities, in that order; and WHEREAS, Lessee desires to lease from Lessor certain designated space on the Water Tower to install, operate and maintain certain of Lessee's antennae, other equipment and related devices (collectively, the"Equipment"); and WHEREAS, Lessor desires to lease certain designated space for Lessee's Equipment on the Water Tower,provided Lessee's Equipment does not interfere with Lessor's daily operations and maintenance of the Water Tower, and provided further that Lessee will defend, indemnify and hold Lessor harmless from and against any and all damages caused by the installation, operation and maintenance of the Equipment. NOW, THEREFORE, for and in consideration of the terms and mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows. 1. Grant of Lease Lessor hereby grants to Lessee the right to install, maintain, and operate on, and to remove communication equipment from, the Water Tower, and also grants certain easements (the "Easements") 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 located 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 utilities on the Property over the Easements. The Equipment, including the number, location and mounting height of all antennas, and the size and location of all other Equipment, shall be as described on Exhibit C and shall be installed only as depicted and shown on Exhibit C. Exhibits B and C may be amended by Lessee, from time to time, without amending this Lease, but only with the written approval of the Lessor, which approval may be conditioned 126