Agenda - Council - 06/24/2008 - Laserfiche WebLink

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Revised June 18, 2008 SITE AGREEMENT This Site Agreement ("Agreement") is made as oftrus day of 2008, by and between the City of Ramsey ("Owner"), whose address is 7500 Sunwood Drive NW, Ramsey, Minnesota 55303 and T-Mobile Central LLC, ("T-Mobile") a Delaware limited liability company, whose address is 12920 SE38th Street, Bellevue, W A 98006, for the leasing of certain property interests at Alpine Park in the City of Ramsey, Minnesota 55303 pursuant to the following ternlS: 1. PROPERTY. (a) Owner hereby leases to T-Mobile a portion of Owner's real property ("Property") described in Exhibit "A" attached hereto. T-Mobile has acquired a Conditional Use Permit ("CUP") from Owner, and such CUP incorporates the approved site plan by which T-Mobile shall construct Communications Facility. (b) The Leased Premises are described in Exhibit "B" attached hereto. The Leased Premises are comprised of approximately 1600 square feet of land on which to construct a 165 foot high monopole communications tower and locate broadcast facilities equipment, together with a non-exclusive easement across the Property for access, and non-exclusive easements to run utility lines and cables. 2. TERM. The initial term of this Agreement (sometimes referred to herein as "this Lease") shall begin on the "Commencement Date" (as hereinafter defined) and subject to the terms of Paragraph 15 - TERMINATION, shall end on December 31,2014 (the "Initial Term"). If T - Mo bile has not notified Owner in writing prior to December 31, 2008 that all . conditions of the CUP approval have been metor waived, then the Agreement shall be null and void as of said date. T-Mobile shall pay to the Owner an option payment of $750.00 per month from the date of this Agreement through December 31, 2008. 3. RENT. T-Mobile shall pay Owner rent annually, on a calendar year basis, in advance beginning twenty (20) days after the Commencement Date for the Initial Term and thereafter on the first (1 st) day of Januaryof each year of this Lease term. The annual rent for the initial ternl shall be Eighteen Thousand and 00/100 Dollars ($18,000.00) ("Initial Annual Rent"), together with any applicable sales tax. Rent for any initial partial year will be prorated. 4. OPTION TERMS. (a) T-Mobile may extend the term ofthis Agreement for three (3)additional five (5) year terms ("Renewal Terms"). T-Mobile shall elect to extend the term for each successive Renewal Term unless it gives Owner written notice of its intention not to extend at least ninety (90) days prior to the expiration of the then-current term. (b) The rent for each subsequent five year term shall be increased by an amount equal to the increase in the Consumer Price Index ("Cpr") over the previous five (5) year period. The CPI shall mean the "Consumer Price Index - for All Urban. Consumers, All Cities, All Items (1982-84 = 100)" as published by the United States Department -258-