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SITE LEASE AGREEMENT <br /> ELK RIVER <br /> This Site Lease Agreement("Agreement")is made and entered into on the effective date by and between the Elk <br /> River Municipal Utilities,a Minnesota municipal utility("LESSOR")whose address is P.O.Box 430,Elk River, <br /> Minnesota 55330 and the Metropolitan Council, a public corporation and political subdivision of the state <br /> ("LESSEE")whose address is 390 North Robert Street,St.Paul,MN 55102 for the leasing of certain real property <br /> pursuant to the following terms: <br /> 1. PROPERTY. The property interests hereby leased(collectively,the"Leased Premises")and granted by <br /> LESSOR include the following property: <br /> The property is located at 18586 Gary Street,Elk River,Minnesota. The property is comprised of the <br /> water tower("Structure")exterior space for attachment of non-guyed antennas,space required for cable <br /> runs to connect equipment and antennas,non-exclusive easements required to run utility lines/cables,a <br /> non-exclusive easement across LESSOR property, (hereinafter defined) for access in or upon the <br /> LESSOR's real property("LESSOR's Property"). LESSOR's Property is legally described in Exhibit A <br /> attached hereto,and the locations of the equipment and antennas on the Structure are depicted on Exhibit <br /> 13 attached hereto. <br /> 2. TERM. The initial term of this Agreement shall commence on the effective date and shall terminate on <br /> December 31,2028. <br /> 3. OPTION TERM. LESSEE may extend the term of the Agreement for an additional twenty(20)years <br /> (the"Option Term"). Rent for the Option Term,if exercised,shall be$1,000 per year. All other <br /> terms of this Agreement shall remain in full force and effect upon renewal. LESSEE shall give <br /> LESSOR written notice of its intention to exercise the option term at least Ninety(90)days prior to <br /> the expiration of the initial term. <br /> 4. RENT. The LESSEE shall pay LESSOR Nine Thousand Dollars ($9,000) for the use of the Leased <br /> Premises for the Term of this Agreement. Payment of said rent shall be made within thirty(30)days from <br /> the effective date of this Agreement. <br /> 5. USE. LESSEE may use the Leased Premises for the purpose of installing, removing, replacing, <br /> maintaining, modifying, altering and operating its communication fixtures and related equipment <br /> antennas,cables,accessories and improvements(collectively the"Communications Facility"). LESSEE <br /> intends to use the Communications Facility to support the operation of the Northstar Commuter Rail <br /> system and Riverdale Station. LESSEE shall not use the Communications Facility for any other use, <br /> unless expressly agreed to in writing. The manner in which the Communications Facility may be attached <br /> to the Leased Premises shall be documented on Exhibit B and any subsequent documents as needed,and <br /> is subject to the prior approval by LESSOR,such approval not to be unreasonably withheld,conditioned, <br /> or delayed. Any proposed modifications or alterations to the LESSOR's structure that may affect its <br /> structural integrity shall be included in the documentation provided by the LESSEE and shall include <br /> plans and drawings signed by a professional structural engineer licensed in the State of Minnesota. <br /> LESSOR shall provide LESSEE with supervised twenty-four(24)hour,seven(7)day a week year round <br /> r . <br /> access to the Leased Premises. LESSEE shall paythe cost of supervision duringnon-business hours. <br /> P <br /> LESSEE shall pay all personal property taxes(if any)assessed against its Communication Facility. <br /> LESSEE will not allow any mechanics liens to be perfected against the Leased Premises as a result of <br /> 1 <br /> 297 <br />