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<br />SITE NAME: STC Elk River Temp <br /> <br />LEASE AGREEMENT <br />AND TEMPORARY ACCESS RIGHT-OF-WAY <br />AND UTILITY EASEMENT <br />This Agreement made this ______ day of _______________, 20___, between the City of <br />Elk River, a Minnesota municipal corporation, with a rent payment address of ???????? 13065 <br />Orono Parkway, Elk River, MN 55330, hereinafter referred to as “Lessor”, and Verizon Wireless <br />(VAW) LLC d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail <br />Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter <br />referred to as “Lessee”. <br />1. Lessor does hereby grant unto Lessee a lease to use a seventy-five (75’) by <br />seventy-five (75’) parcel located at 17610 Tyler Street NW, Elk River, MN 55330, which parcel <br />is hereinafter referred to as the “Property”, and which is further described on Exhibit A attached <br />hereto and made a part hereof. Such lease grants the Lessee the right to place upon the Property <br />a communications facility including a temporary cell-on-wheels and one hundred and twenty <br />(120) foot monopole tower (“Facility”) and associated antennas and equipment all as depicted in <br />Exhibit B attached hereto and made a part hereof. The Lessor also grants unto the Lessee a non- <br />exclusive right-of-way for ingress and egress, seven (7) days a week, twenty-four (24) hours a <br />day, on foot or motor vehicle, including trucks, along with .the right to install and maintain <br />buried conduits, pipes, cables and wires to its Facility within the Property as necessary to supply <br />utility service and power to the Facility or as otherwise needed to service the Facility as <br />reasonably determined by Lessee, all as depicted on Exhibit B. <br />2. Lessee represents, warrants and agrees that it will conduct its activities on the <br />Property in compliance with all applicable environmental laws and regulations and all applicable <br />laws and regulations governing Lessor’s communications business activities. Lessor represents <br />that, to the best of its knowledge, the Property is free of hazardous substances as of the date of <br />this Agreement. Each party agrees to indemnify and hold the other harmless from and against <br />any and all claims and liabilities that the indemnitee may suffer due to any Hazardous Substance <br />as defined in any applicable federal, state or local law or regulation, on the Property, or released <br />from the Property, that relates to or arises from the indemnitor’s activities during or prior to the <br />term of this Agreement. Notwithstanding the foregoing, Lessee shall not be liable for any <br />environmental condition except to the extent Lessee causes the condition or exacerbates a <br />condition of which it has reason to be aware. <br /> <br /> <br />STC Elk River Temp <br />COW Agreement <br />5879532v15879532v1 <br /> <br />1 <br />Formatted: DocID <br />