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Home My WebLink About2020-30022020-3002 Site Name: Hilltop Temp TEMPORARY SITE LICENSE LICENSOR: City of Columbia Heights LICENSEE: New Cingular Wireless PCS, LLC and its affiliates TERM: May 1, 2020 through April 30, 2021 LICENSE FEE: N/A COMMENCEMENT DATE: May 1, 2020 LICENSED SITE: 3939 Central Ave NE, Columbia Heights, MN 55421 1. License of Site. During the Term hereof, Licensor hereby licenses a certain portion of Licensor's property (the "Property") at the Licensed Site and grants to Licensee the right to install, operate and maintain at Licensee's expense and risk, temporary communications transmitting and receiving equipment, including (without limitation) antennas, poles, masts, transmission line(s), and accessories (collectively, the "Equipment") at the Licensed Site. Licensee shall at all times have the unrestricted right to enter or leave the Licensed Site with full and complete access to its Equipment on a 24-hour, seven (7) day per week basis. At its discretion, Licensee may take at its expense measures and precautions necessary to protect the Equipment. 2. License Fee. N/A. 3. No Extensions. The Term of this License shall not be extended, except by an amendment in writing signed by both parties. If Licensee remains in possession of the Licensed Site after the expiration of this License, then Licensee will be deemed to be occupying the Licensed Premises on a day-to-day basis at an equivalent daily prorated rate of $75.00 per day. 4. Removal of Equipment and Site Condition. Except as set forth herein, Licensee takes the Licensed Site as it finds it and Licensor shall have no responsibility for its condition or any damage suffered by Licensee or any other person due to such condition. Unless otherwise mutually agreed by the parties, Licensee shall remove all of the Equipment prior to the end of the Term, and any extensions thereof, and shall leave the Licensed Site in substantially the same condition that existed as of the date of this License, ordinary wear and tear and occurrences for which Licensee is not responsible hereunder, excepted. 5. Indemnification; No Consequential or Indirect Damages. Licensee shall indemnify and hold Licensor harmless against any liability or loss from personal injury or property damage resulting from or arising out of the use or occupancy of the Property by Licensee or its employees or agents, provided, however, Licensee shall have no obligation to indemnify or hold harmless against any such liabilities and losses as may be due to or caused by the acts or omissions of Licensor or its employees or agents. Licensor shall indemnify and hold Licensee harmless against any liability or loss from personal injury or property damage resulting from or arising out of (1) the use or occupancy of the Property by Licensor or its employees or agents or (2) contamination of the Property subsurface or structures with hazardous substances; provided, however, Licensor shall have no obligation to indemnify or hold harmless against any such liabilities and losses as may be due to or caused by the LICENSE wl-Time Fee— 5-5-10 Site Name: Hilltop Temp acts or omissions of Licensee or its employees or agents. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Licensor and Licensee each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. 6. Operation of Equipment. Licensee will install, operate and maintain its Equipment in accordance with applicable laws and regulations so as not to cause interference (as that term is defined in the rules and regulations of the Federal Communications Commission), with any radio or television transmitting or receiving equipment whether or not such equipment is located on the Licensed Site. In the event that Licensee's Equipment causes interference with other radio or television transmissions, Licensee will promptly take all reasonable steps necessary to correct and eliminate the same. If Licensee is unable to eliminate the interference within a reasonable period of time, Licensee agrees to remove the Equipment from the Licensed Site and this License shall be terminated. 7. Assignment. Licensee shall have the right to assign this License to any present or future affiliate of Licensee, without securing the consent of Licensor and may grant to any such assignee the same rights and privileges Licensee enjoys under this License. 8. Electrical Service/Telephone/Fiber Service. Licensee agrees, at Licensee's sole cost and expense, to pay for the electric service and fees needed for the operation of Licensee's equipment. Licensor agrees to grant the electric utility company any necessary permission, including temporary easement, for the electric line and meter/sub-meter installation, should the electric utility company require written permission or temporary easement. 9. Damage to Licensed Site. If the Licensed Site or any portion thereof is damaged for any reason so as to render the Licensed Site unusable for Licensee's intended purpose, the License Fee shall abate for such period as the Licensed Site is unusable. In addition, Licensee may, at its option, elect to terminate this Agreement. 10. Notices. Any notice or demand required or permitted to be given or made hereunder shall be deemed given when received. Notices may be sent by messenger delivery, overnight delivery, or by certified mail in a sealed envelope, postage prepaid, addressed in the case of Licensor to: and addressed in the case of Licensee, to: City of Columbia Heights Attn: Community Development Department 590 40th Ave. NE Columbia Heights, MN 55421 New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site Name: Hilltop Temp (MN) / FA# 10114789 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 LICENSE wlJime Fee— 5-5-10 2 Site Name: Hilltop Temp With a copy to Licensee's Regional Counsel: New Cingular Wireless PCS, LLC Attn.: Legal Department Re: Cell Site Name: Hilltop Temp (MN) / FA# 10114789 208 S. Akard Street Dallas, TX 75202-4206 11. Waiver. Failure or delay on the part of Licensor or Licensee to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 12. Prior Negotiations. This License constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and shall supersede all prior offers, negotiations and agreements. 13. Amendment. No revision of this contract shall be valid unless made in writing and signed by duly authorized officers or representatives of Licensee and Licensor. 14. Licensor's Representations. Licensor represents and warrants that it owns or otherwise controls the Licensed Site during the Term of this License and that Licensor has full authority to execute and deliver this License. 15. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State in which the Licensed Site is located. LICENSE wl-Time Fee— 5-5-10 3 Site Name: Hilltop Temp IN WITNESS WHEREOF, the parties have executed this License as of the lQ day of 2020. LICENSOR: City of Columbia Heights By:— Name: - LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation its Manager / By: Name: �„�,c, [►yf��1� —._ Title: Area LICENSE w I -Timc Fcc— 5-i-10 4 Site Name: Hilltop Temp/15280607 FIRST AMENDMENT TO TEMPORARY SITE LICENSE LICENSOR: City of Columbia Heights LICENSEE: New Cingular Wireless PCS, LLC and its affiliates ORIGINAL LICENSE TERM: May 1, 2020 through April 30, 2021 EXTENSION TERM: April 30, 2021 through October 31, 2021 LICENSE FEE: N/A COMMENCEMENT DATE: May 1, 2020 LICENSED SITE: 3939 Central Ave NE, Columbia Heights, MN 55421 I. License Term. Licensor and Licensee hereby agree to amend paragraph 3 of the Temporary Site License ("License") to extend the original License Term of the License beyond April 30, 2021 through and including October 31, 2021 (the "Extension Term"). For the avoidance of doubt, Licensor and Licensee confirm that throughout the Extension Term, Licensee has no obligation to pay any license fee of any kind to Licensor. 2. Other Terms and Conditions Remain. In the event of any inconsistencies between the License and this First Amendment to Temporary Site License ("First Amendment"), the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the License otherwise is unmodified and remains in full force and effect. Each reference in the License to itself shall be deemed also to refer to this First Amendment. 3. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the License. [SIGNATURES ON FOLLOWING PAGE] 1 15280607.HILLTOP.117AMENDMENT TO TEMPORARY SITE LICENSE r�- IN WITNESS WHEREOF, the parties have executed this License as of thea3 day of .:5eyf%c► t6-, r 2020. T LICENSOR: City of Columbia Heights By: Name: Title: LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company I _&' By: Name: Michelle Durand Title: Director 15280607MILLTOP.V AMENDMENT TO TEMPORARY SITE LICENSE Site Name: Hilltop Temp/l5280607 Fq ypltLl1V:k SECOND AMENDMENT TO TEMPORARY SITE LICENSE LICENSOR: LICENSEE: ORIGINAL LICENSE TERM: EXTENSION TERM: SECOND EXTENSION TERM: LICENSE FEE: COMMENCEMENT DATE: LICENSED SITE: 2NO AMD City of Columbia Heights New Cingular Wireless PCs, LLC and its affiliates May 1, 2020 through April 30, 2021 April 30, 2021 through October 31, 202I October 31, 2021 through February 28, 2022 N/A October 31, 2021 3939 Central Ave NE, Columbia Heights, MN 55421 1. License Term. Licensor and Licensee herby agree to amend the Temporary Site License ("License") and First Amendment to Temporary Site License ("First Amendment') to extend the Extension Term of the License beyond October 31, 2021 through and including February 28, 2022 ("Second Extension Term"). For the avoidance of doubt, Licensor and Licensee confirm that throughout the Second Extension Term, Licensee has no obligation to pay any license fee of any kind to Licensor. 2. Other Terms and Conditions Remain. In the event of any inconsistences between the License, First Amendment and this Second Amendment to Temporary Site License ("Second Amendment'), the terms of this Second Amendment shall control. Except as expressly set forth in this Second Amendment, the License otherwise is unmodified and remains in full force and effect. Each reference in the License to itself shall be deemed also to refer to this Second Amendment. 3. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the License. [SIGNATURES ON THE FOLLOWING PAGE] Site Name: Hilltop Temp/15280607 IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the 29th day of October, 2021. LICENSOR: City of Columbia Heigbts By: -� Name: Kelli Bo g ois Title: City Manager LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its Manager By: VxAhm Name: Mstan Knutson Title: Real Eswe & Construction Mgr 21 D AMD 7 Site Name: Hilltop Temp/l5280607/10114789 THIRD AMENDMENT TO TEMPORARY SITE LICENSE LICENSOR: LICENSEE: ORIGINAL LICENSE TERM: EXTENSION TERM: SECOND EXTENSION TERM: THIRD EXTENSION TERM: LICENSE FEE: COMMENCEMENT DATE: LICENSED SITE: 3rd AMD City of Columbia Heights New Cingular Wireless PCS, LLC and its affiliates May 1, 2020 through April 30, 2021 April 30, 2021 through October 31, 2021 October 31, 202I through February 28, 2022 February 28, 2022 through duly 31, 2022 N/A February 28, 2022 3939 Central Ave NE, Columbia Heights, MN 55421 I. License Term. Licensor and Licensee herby agree to amend the Temporary Site License ("License") and First Amendment to Temporary Site License ("First Amendment") and Second Amendment to Temporary Site License ("Second Amendment") to extend the Extension Term of the License beyond February 28, 2022 through and including July 31, 2022 ("Third Extension Tenn"). For the avoidance of doubt, Licensor and Licensee confirm that throughout the Third Extension Term, Licensee has no obligation to pay any license fee of any kind to Licensor. 2. Other Terms and Conditions Remain. In the event of any inconsistences between the License, First Amendment, Second Amendment and this Third Amendment to Temporary Site License ("Third Amendment"), the terms of this Third Amendment shall control. Except as expressly set forth in this Third Amendment, the License otherwise is unmodified and remains in full force and effect. Each reference in the License to itself shall be deemed also to refer to this Third Amendment. 3. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the License. [SIGNATURES ON THE FOLLOWING PAGE] Site Name: Hilltop Temp/ 15280607/ 10114789 IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the ;vz day of 2022. LICENSOR: City of Columbia Heights gy- Name: Kelli B is Title: City Manager LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its Manager By: VA�k� Name: Kristen Knutson — Title: 3rd AMD