5.3. ERMU SR 02-24-2009 - Laserfiche WebLink

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SITE LEASE AGREEMENT CITY OF This Site Lease Agreement ("Agreement") is made as of this day of 2009, by and between the City of _ , a Minnesota municipal corporation ("LESSOR") whose address is ,Minnesota 554 and the Metropolitan Council, a public corporation and political subdivision of the state ("LESSEE") whose address is 390 North Robert Street, St. Paul, MN 55102 for the leasing of certain real property pursuant to the following terms: 1. PROPERTY. The property interests hereby leased (collectively, the "Leased Premises") and granted by LESSOR include the following properly: The property is located at .The property is comprised of the water tower ("Structure") exterior space for attachment of non-guyed antennas, space required for cable runs to connect equipment and antennas, non-exclusive easements required to run utility lines/cables, anon-exclusive easement across LESSOR property, (hereinafter defined) for access in or upon the LESSOR'S real property ("LESSOR's Property"). LESSOR's Property is legally described in Exhibit A attached hereto, and the locations of the equipment and antennas on the Structure are depicted in Exhibit B attached hereto. 2. TERM. The initial term of this Agreement shall commence on January 1, 2009, and shall terminate on December 31, 2028. 3. OPTION TERM. LESSEE may extend the term of the Agreement for an additional twenty (20)~ear option period. Rent for the option term, if exercised, shall be $1,000 per month. All other terms of this Agreement shall remain in full force and effect upon renewal. LESSEE shall give LESSOR written notice of its intention to exercise the option term at least Ninety (90) days prior to the expiration of the initial term. 4. RENT. The LESSEE shall pay LESSOR Nine Thousand Dollars ($9 000) for the use of the Leased Premises for the Term of this Agreement. Payment of said rent shall be made within thirty (30) days from the effective date of this Agreement. 5. USE. LESSEE may use the Leased Premises for the purpose of installing, removing, replacing, maintaining, modifying, altering and operating its communication fixtures and related equipment antennas, cables, accessories and improvements (collectively, the "Communications Facility"). Lessee intends to use the Communications Facility to support the operation of the Northstar Commuter Rail system and Riverdale Station. Lessee shall not use the Communications Facility for any other use, unless expressly agreed in writing. The manner in which the Communications .Facility may be attached to the Leased Premises shall be documented in Exhibits A and B and any subsequent documents as needed, and is subject to the prior approval by LESSOR, such approval not to be unreasonably withheld, conditioned, or delayed. Any proposed modifications or alterations to the LESSOR's structure that may affect its structural integrity shall be included in the documentation provided by the LESSEE and shall include plans and drawings signed by a professional structural engineer licensed in the State of Minnesota. LESSOR shall provide LESSEE with supervised twenty-four (24) hour, seven (7) day a week year round access to the Leased Premises. Deleted references to: Lessee paying cost of supervision during non-business hours, Lessee will pay for personal property taxes if assessed on their equipment, and Lessee will not allow any mechanics or materialmens liens to be placed on the leased Premises as a result of their operation. 6. DUE DILIGENCE. LESSEE, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon LESSOR's Property and conduct such studies as LESSEE deems necessary to determine the Leased Premises' suitability for the Communications Facility. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as