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<br />SITE NAME: CITY OF RAMSEYIALPINE PARK SITE <br /> <br />SITE AGREEMENT <br /> <br />This Site Agreement ("Agreement") is made as of this day of <br />2007, by and between the City of Ramsey ("Owner"), whose address is 7500 Sunwood Drive <br />NW, Ramsey, Minnesota 55303 and T-Mobile Central LLC, ("T-Mobile") a Delaware limited <br />liability company, whose address is 12920 SE 38th Street, Bellevue, W A 98006 , for the leasing <br />of certain property interests at Alpine Park in the City of Ramsey, Minnesota 55303 pUrsuant to <br />the following terms: <br /> <br />1. PROPERTY. Owner hereby leases to T-Mobile a portion of Owner's real property <br />("Property") described in Exhibit "A" attached hereto, comprised of approximately 1600 <br />square feet of land on which to construct a 165 foot high monopole communications <br />tower and locate broadcast facilities equipment, together with a non-exclusive easement <br />across the Property for access, and non-exc1usiye easements to run utility lines and <br />cables, as described in Exhibit "B" attached hereto and subject to the specifications <br />shown and described on said Exhibit "B" (collectively referred to as the "Premises"). <br /> <br />2. TERM. The initial term of this Agreement (sometimes referred to herein as "this Lease") <br />shall begin on the "Commencement Date" (as hereinafter defined) and subject to the <br />terms of Paragraph 15 _ TERMINATION, shall end on December 31, 2013(the "Initial <br />Term") . The Commencement Date shall be thedate on which all conditions precedent <br />(studies) detailed in paragraph_have been met. 1fT-Mobile has not notified Owner in <br />writing prior to April 30, 2008 that all of said conditions precedent have been met or . <br />waived, then the Agreement shall be null and void as of said date. T -Mobile shall pay to <br />the Owner an option payment of $750.00 per month from the date of this Agreement <br />through April 30, 2008. . <br /> <br />3. RENT. T-Mobile shall pay Owner rent annually, on a calendar year basis, in advance <br />beginning ten (10) days after the Commencement Date for the first year and thereafter on <br />the first (1 st) day of January of each year of this Lease term. The annual rent for the first <br />year shall be Eighteen Thousand and 00/100 Dollars ($18,000.00) ("Initial Annual <br />Rent"), together with any applicable sales tax. Rent for any initial partial year will be <br />prorated. The annual rent for each subsequent year shall be increased by: <br /> <br />(a) the greater of three perce.nt (3%) on January 1st. of the previous year's a annualized <br />rental; or <br /> <br />(b) by an amount equal to the increase in the Consumer Price Index ("CIP"). The CPl <br />shall mean the "Consumer Price Index - for All Urban Consumers, All Cities, All <br />Items (1967 = 100)" as published by the United States Department of Labor <br />Statistics, or if such index shall be discontinued, the successor index, or if there shall <br />be no successor index, such comparable index as mutually agreed upon by the parties. <br />To determine the annual rental increase to be paid by T-Mobile under a CPl adjuster, <br />the annualized rental for the previous year shall be multiplied by a percentage figure, <br />computed from a fraction, the numerator of which shall be the CPl for the third <br />quarter of the preceding year and the denominator of which shall be the CIP for the <br />corresponding quarter of one year earlier. Such fraction shall be converted to a <br /> <br />-239- <br />