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HomeMy WebLinkAboutContract 210612106 / LAND LEASE AGREEMENT This Agreement made this '~~ day of /,(,«~, , 2008, between City of Columbia Heights, a Minnesota municipal corporation, wi a mailing address of 637 38"' Avenue Northeast, Columbia Heights, Minnesota 55421, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property legally described in Exhibit "A" attached hereto and made a part hereof (the entirety of LESSOR's property is referred to hereinafter as the Property), located at 637 38"' Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota, and being described as a 22 by 55 foot parcel containing approximately 1,210 square feet (the "Land Space"), together with anon-exclusive easement for access and utilities thereto seven (7) days a week, twenty four (24) hours a day during the term of this lease. Said Land Space hereinafter referred to as the "Premises" being substantially as described herein in Exhibit "A". 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof. Cost for such work shall be borne by the LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (a hereinafter defined) at which time rental payment shall commence for the initial lease year and be due at a total annual rental of Sixteen Thousand and No/100 Dollars 16,000.00) to be paid in equal annual installments on the first day of each lease year, in advance, to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 22 below. The initial term shall commence on June 1, 2008, or the first day of the month following the date LESSEE commences installation of the equipment on the Premises, whichever occurs first (either the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date in the event the Commencement Date is based upon the date LESSEE commences installation of the equipment on the Premises. In the event the Commencement Date is the fixed date set forth above, there shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree that the initial rental payment may not actually be sent by LESSEE until thirty (30) days after the Commencement Date or after a written acknowledgement confirming the Commencement Date, if such an acknowledgement is required. MINC Columbia Heights Land Lease Agreement 1120629v2 Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. Rent for each subsequent lease year shall be increased by three percent (3%) of the previous lease year's annualized rental. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. INTENTIONALLY OMITTED. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. 7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEE's expense. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term (subject to the restrictions and limitations set forth in paragraph 12 hereof). In the event that (i) any governmental approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (ii) LESSEE determines that the Premises is no longer technically compatible for its use, or (iii) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. MINC Columbia Heights Land Lease Agreement 1120629v2 2 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 9. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE shall, at its own cost and expense, maintain commercial general liability insurance with limits not less than $1,000,000 for any one occurrence and $5,000,000 general aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy is no less than the underlying comprehensive general liability coverage. c. LESSEE shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A- or better) by Best Insurance Guide, licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 9. LESSEE will name LESSOR as an additional insured on the general liability policy. The Certificate(s) shall also provide the coverage may not be canceled without at least thirty (30) days prior written notice to LESSOR. 10. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 8 and 28, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 11. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. MINC Columbia Heights Land Lease Agreement 1120629v2 3 12. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed LESSEE'S equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 13. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 32 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing annual rate on a monthly pro-rata basis until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 14. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 13 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 13 and this Paragraph 14, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 13 shall be increased to one hundred and fifty percent (150%) of the rent applicable during the month immediately preceding such expiration or earlier termination. 15. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term to grant to a third party by easement or other legal instrument an interest in and to any portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the MINC Columbia Heights Land Lease Agreement 1120629v2 4 easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. 16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide to sell, transfer or grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, such sale or grant of an easement or interest therein shall be under and subject to this Agreement. 17. INTENTIONALLY OMITTED. 18. INTENTIONALLY OMITTED. 19. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 20. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of Minnesota. 21. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Properly is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. Subject to paragraph 12 above, LESSEE may sublet space on its tower within its sole discretion, upon notice to LESSOR, but LESSEE shall not sublet its ground space. Subject to paragraph 12 above, LESSOR may within its sole discretion lease the ground space outside of the Premises to others, including tenants subleasing tower space from LESSEE. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. MINC Columbia Heights Land Lease Agreement 120629v2 5 22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Columbia Heights c/o City Manager 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 24. INTENTIONALLY OMITTED. 25. RECORDING. LESSOR agrees to execute a Memorandum in a form acceptable to LESSOR which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 26. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written MINC Columbia Heights Land Lease Agreement 1120629v2 6 notice of such breach. After receipt of such written notice and except for a breach of a material provision of this Agreement, LESSOR shall have thirty (30) days in which to cure such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. 27. REMEDIES. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the State of Minnesota. 28. ENVIRONMENTAL. a. LESSEE will be responsible for and will defend, indemnify, and hold LESSOR, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorneys fees and costs, arising out of or in connection with the cleanup or restoration of the Premises resulting from LESSEE'S use of Hazardous Materials, except to the extent such claims, costs, and liabilities may be due to or caused by LESSOR, or its employees, contractors or agents. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. LESSOR represents that it has no knowledge of any Hazardous Materials on the Premises. b. LESSEE represents and warrants that its use of the Premises will not generate and LESSEE will not illegally store or dispose of on the Premises, nor transport to or over the Premises, any Hazardous Materials, unless LESSEE specifically informs LESSOR thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as LESSEE becomes aware of the existence of Hazardous Materials on the Premises. LESSOR and LESSEE acknowledge that LESSEE shall be utilizing and maintaining on the Property sealed batteries, propane/diesel/gasoline, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentences of this paragraph. The obligations of this Paragraph 28 shall survive the expiration or other termination of this Lease. 29. INTENTIONALLY OMITTED. 30. CONDEMNATION. In the event of any taking of the Premises under the power of eminent domain, LESSEE shall not be entitled to any portion of the reward paid for the taking and the LESSOR shall receive full amount of such award. LESSEE hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation MINC Columbia Heights Land Lease Agreement 1120629v2 for diminution in value of the leasehold or to the fee of the Premises, shall belong to LESSOR, LESSEE shall have the right to claim and recover from the condemning authority, but not from LESSOR, such compensation as may be separately awarded or recoverable by LESSEE on account of any and all damage to LESSEE'S business and any costs or expenses incurred by LESSEE in moving/removing its equipment, personal property, and leasehold improvements. 31. INTENTIONALLY OMITTED. 32. APPLICABLE LAWS. LESSEE shall, in respect to the condition of the Premises and at LESSEE'S sole cost and expense, comply with (a) all Laws relating solely to LESSEE'S specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 33. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 34. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year below written. LESSOR: City of Columbi Heights, a Minnesota m icipal corp`oratio ~ B~±,.~ . ., . ~ .( Gary Peterson Its: Mayor By: ~~~ Walter R. Fehs ' Its: City Manager Date: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Beth Ann Drohan Its: Midwest Area Vice President -Network Date: ~L.~ Acknowledgments on following page MINC Columbia Heights Land Lease Agreement 1120629v2 g ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT STATE OF MINNESOTA ss. COUNTY OF ANOKA ) This instrument was acknowledged before me on v ~1. ~~ , 2008, by _ Gary Peterson, the Mayor and Walter R. Fehst, the City Manager for the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. G'~ Y V gnature of Person Taking Acknowled ent Seal, if any) 1 ~ Title or Serial Number, if any LESSEE ACKNOWLEDGMENT STATE OF ILLINOIS ) ss. COUNTY OF COOK ) On this ~ay of , 200 O, before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Midwest Area Vice President -Network of Verizon Wireless VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY ° OFFICIAI SEAL" Pia"° LATC~NYA N ELLIS STATE OF Girro~s COMMI5510N ~J(PIRES 02/03/09 c~- or Type N me: otary Public in and for the State of Illinois My appointment expires: M1NC Columbia Heights Land Lease Agreement 1120629v2 Exhibit "A" Legal Description)Page 1 of 2 Lots 18 to 31 inclusive, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lots 9 to 18 inclusive, Block 88, except the South 63 feet of Lots 9 to 18; Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lots 6 and 7, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lot 8, Block 88, except the South 63 feet of the West 10.5 feet, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Together with all that part of vacated 38th Avenue N.E. from the extended west line of Lot 18, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota to a line parallel with and 15 feet west of the west line of Lot 5, Block 88, as evidenced in Ordinance No. 786, filed as Document No. 369794, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. MINC Columbia Heights Land Lease Agreement ll 20629v2 10 Exhibit "A" Sketch of Premises)Page 2 of 2 38TH PLACE NE ~ ~.~ 38TH PLACE NEi C ~ j I // ~ j i /a ~ z , Vii; ` ~ / ~ /' ~ W _ -- ~~~ ~ _ _ _ __ _ _ -_ z {' i I ~ d" °~ I --=- I ±. -~T-- ~- -~- -- ;1L54E YISYSL MFA 1, i~ ~ ; ~~ i IIGf~FD fDA061[ Ji l ` jt. j BIROS IUUI[/' ~ ~ i A! J' NORTH MINC COLUMBIA ~ i HEIGHTS MINC Columbia Heights Land Lease Agreement 1120629v2 DRAFTED BY AND RETURN TO: Moss & Barnett (JDL) 4800 Wells Fargo Building 90 South Seventh Street Minneapolis, MN 55402-4129 Site Name: MINC Columbia Heights) Prepared by Carol J. Yerks Telephone No. (612) 877-5314) Space above this line for Recorder's use.) MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made this a`~- day of `~~_ _e , 200 ~ between City of Columbia Heights, a Minnesota municipal corporation, with a mailing address of 637 38th Avenue Northeast, Columbia Heights, Minnesota 55421, hereinafter collectively referred to as ("LESSOR"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its address for notice located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter referred to as ("LESSEE"). LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". LESSOR and LESSEE entered into a Land Lease Agreement (the "Agreement") on 9 `~, 200, for an initial term of five (5) years, commencing on the Commencement Date. The Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. If at the end of the fourth (4th) five (5) year extension term the Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, the Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. MINC Columbia Heights Memorandum of Land Lease Agreement 1120625v2 2. Pursuant to the Agreement, LESSOR leased to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the "Property") located at 637 38th Avenue Northeast, in the City of Columbia Heights, County of Anoka, State of Minnesota and being legally described on Exhibit "A", together with the non- exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along aright-of--way extending from the nearest public right-of--way, Madison Street Northeast, to the demised premises. The demised premises and right-of--way are referred herein as the "Premises." The initial term shall commence on June 1, 2008, or the first day of the month following the date LESSEE commences installation of the equipment on the Premises, whichever occurs first (either the "Commencement Date"). 4. LESSEE has a limited right of first refusal to purchase the Premises during the initial term and all renewal terms of the Agreement. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and LESSEE. IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and LESSEE have caused this Memorandum to be duly executed on the date written herein below. LESSOR: City of Columbia Heights, ~ - a Minnesota munie~pal corporatr,on ~.~ iC ~~ % , Gary Peterson Its: Mayor By: / ~ Walter R. Feh t Its: City Man Date: o~ LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: et rohan Its: Midwest Area Vice President -Network Date: 0 MINC Columbia Heights Memorandum of Land Lease Agreement 1120625v2 2 ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) This instrument was acknowledged before me on / r; ~ ,~ , 2008, by _ Gary Peterson, the Mayor and Walter R. Fehst, the City Manager f • the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. r t. Signature of Person Taking Acknowle ent Seal, if any) ~ ~~ Title rank Serial Number, if any LESSEE ACKNOWLEDGMENT STATE OF ILLINOIS ) ss. COUNTY OF COOK ) On this ~~ay of ~c~-~...-~~ , 200 before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Midwest Area Vice President -Network of Verizon Wireless VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY "OFFICIAL SEAL" PU8C1° L0.TG~N~~'A N ELLISSTATEOF auNOis. COMMI5510zti+ EXP12C5 02/03/09 MINC Columbia Heights Memorandum of Land Lease Agreement 1120625v2 e-~tiu- n or Type N me: otary Public in and for the State of Illinois My appointment expires: Exhibit "A" Legal Description)Page 1 of 1 Lots 18 to 31 inclusive, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lots 9 to 18 inclusive, Block 88, except the South 63 feet of Lots 9 to 18; Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lots 6 and 7, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; and Lot 8, Block 88, except the South 63 feet of the West 10.5 feet, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Together with all that part of vacated 38`h Avenue N.E. from the extended west line of Lot 18, Block 88, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota to a line parallel with and 15 feet west of the west line of Lot 5, Block 88, as evidenced in Ordinance No. 786, filed as Document No. 369794, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Abstract Property. MINC Columbia Heights Memorandum of Land Lease Agreement 120625v2 UELL CON, LILTING, IN 2324 University Avenue West, Suite 200 --'`~VF~-e Acquisition PermittingSaintPaul( 51) 225 0792 114-1854 ~(/~ ( 72 ?oo~ Est. i99i Fax (651) 225-0795 ~VQ(~`+ ~~ RI~~ VIA Federal Express Transmittal Memorandum DATE: July 1, 2008 TO: Kevin Hansen Director of Public Works City of Columbia Heights 637 38t~' Avenue NE Columbia Heights, MN 55421 Phone: 763-706-3705 FROM: Dave Fischer Verizon Wireless Site Acquisition Specialist Phone: 651-225-0784 RE: MINC Columbia Heights Fully Executed Land Lease Agreement Dear Please find (1) fully executed original Land Lease Agreements and (1) fully executed Memo of Land Lease Agreement for your records. Thanks for your assistance and feel free to call if you have any questions. Sincerely, Dave Fischer