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DRAFTED BY <br /> AND RETURN TO: <br /> Hessian&McKasy,P.A. <br /> 3700 RBC Plaza <br /> 60 South Sixth Street <br /> Minneapolis,MN 55402 <br /> (Site Name:MIN Millennium) <br /> { <br /> Space above this line for Recorder's use.) <br /> MEMORANDUM OF TOWER ATTACHMENT LEASE AGREEMENT <br /> THIS MEMORANDUM OF TOWER ATTACHMENT LEASE AGREEMENT is made <br /> this day of , 20_, between Elk River Municipal Utilities, with a <br /> mailing address at 13069 Orono Parkway, Elk River, MN 55330, hereinafter referred to as <br /> "LESSOR,"and Verizon Wireless (VAW)LLC d/b/a Verizon Wireless,with its address for notice <br /> located at 180 Washington Valley Road, Bedminster,New Jersey 07921, hereinafter referred to as <br /> "LESSEE". The City of Elk River owns a water tower (the "Water Tower") located at 19533 <br /> Auburn Street, Elk River, Sherbourne County, Minnesota, on the property legally described on <br /> Exhibit A attached hereto (the "Property") and has designated LESSOR with authority to operate <br /> and control the Property. <br /> 1. LESSOR and LESSEE entered into a Non-Exclusive Tower Attachment Lease Agreement <br /> (the "Agreement") on , 20 , for an initial term of five (5) years, <br /> commencing on the Commencement Date. Lessee shall have the right to extend the <br /> Agreement four (4) times, for a period of five (5) years each. The Agreement will be <br /> automatically renewed unless Lessee notifies Lessor of Lessee's intention not to renew the <br /> Agreement at least forty-five (45) days prior to the expiration of the initial term or any <br /> renewal term which is then in effect, or Lessor notifies Lessee of Lessor's intention not to <br /> renew the Lease at least three hundred sixty (360) days prior to the expiration of the <br /> renewal term which is then in effect. <br /> 2. Pursuant to the Agreement, LESSOR leased to LESSEE a portion of the Water Tower <br /> together with certain ground space for the installation of LESSEE's equipment building <br /> and other equipment,together with certain access rights over the Property. <br /> 3. The Agreement will commence on the earlier of(i)Lessee construction start or(ii)January <br /> 1, 2017. <br /> 4. The terms, covenants and provisions of the Agreement, the terms of which are hereby <br /> incorporated by reference into this Memorandum, shall extend to and be binding upon the <br /> heirs,personal representative,successors and assigns of LESSOR and LESSEE. <br /> MIN Millennium <br /> Memorandum of Tower Attachment Lease Agreement <br /> 1 <br /> 85 <br />