5.3 ERMUSR 06-03-2025 - Laserfiche WebLink

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235433v5 Tower Attachment Lease Agreement This Tower Attachment Lease Agreement (“Lease”) is executed this ____ day of __________, 20___, by and between Elk River Municipal Utilities, a Minnesota municipal utility having a mailing address of 13069 Orono Parkway, P.O. Box 430, Elk River, MN 555330 (“Lessor”) and New Cingular Wireless PCS, LLC a Delaware limited liability company having a mailing address of 1025 Lenox Park Blvd NE, Atlanta, GA 30319 (“Lessee”). WHEREAS, Lessor owns an elevated water tank (the “Water Tower”) located at 19119 Freeport Street, Elk River, Minnesota, on the property legally described on Exhibit A attached hereto (the “Property”) and designated by the Lessee as Power By Nature; 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 communications fixtures, cables, accessories, improvements and related equipment, which may include a suitable support structure, antennas, equipment shelters or cabinets, fencing 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 (a) Lessor hereby grants to Lessee a lease of a portion of the Property consisting of: (i) approximately 550 square feet (25’ x 22’) of ground space up to a height of ____ feet (___’) as described on attached Exhibit 1, for the placement of Lessee’s Equipment (the “Equipment Space”); (ii) that certain space on the Water Tower, as generally depicted on Exhibit C, where Lessee shall have the right to install its antennas and other equipment (collectively, the “Antenna Space”); and 175