ERMUSR HANDOUT #3 03-10-2009 - Laserfiche WebLink

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-~lC~r~:~C.4k~t ,~1C~1 SITE LEASE AGREEMENT ELK RIVER This Site Lease Agreement ("Agreement") is made and entered into on the effective date by and between the Elk River Municipal Utilities, a Minnesota municipal utility ("LESSOR")whose address is P.O. Box 430, Elk River, Minnesota 55330 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: PROPERTY. The property interests hereby leased (collectively, the "Leased Premises") and granted by LESSOR include the following property: The property is located at 18586 Gary Street. Elk River. Minnesota. 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, a non-exclusive easement across LESSOR properly, (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 on Exhibit B attached hereto. 2. TERM. The initial term of this Agreement shall commence on the effective date and shall terminate on December 31.2028. OPTION TERM. LESSEE may extend the term of the Agreement for an additional twenty (20) years (the "Option Term"). Rent for the Option Term, if exercised, shall be $1,000 per year. 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.OOOZfor 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. 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 to in writing. The manner in which the Communications Facility may be attached to the Leased Premises shall be documented on Exhibit 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. LESSEE shall pay the cost of supervision during non-business hours. LESSEE shall pay all personal property taxes (if any) assessed against its Communication Facility. LESSEE will not allow any mechanics liens to be perfected against the Leased Premises as a result of