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MIN NAVARRE <br />SITE LEASE AGREEMENT <br />HIS SITE LEASE AGREEMENT ( Lease )made this 9 day of/--- <br />2001,between City of Orono ("Landlord") and Verizon Wireless (VAW) <br />LL d/b erizon Wireless ("Tenant"). <br />For good and valuable consideration, the parties agree as follows: <br />1. Leased Property and Premises. Subject to the terms and conditions of this Lease, <br />Landlord hereby leases to Tenant and Tenant leases from Landlord certain space on <br />Landlord's Navarre water tower(hereinafter referred to as the "Tower" or the " Structure <br />and space adjacent to the Tower, subject to any and all existing easements, (collectively <br />referred to as the"Premises")together with a non-exclusive easement for reasonable <br />access to Landlord's property and for adequate utility services, including sources of <br />electric and telephone facilities on Landlord's property located at 2345 Blaine Avenue, <br />Orono, Minnesota(the "Property") on a non-exclusive basis. The Property is legally <br />described on Exhibit A attached hereto. The Premises on which antennas, connecting <br />cables and appurtenances will be attached and located, and on which an equipment <br />shelter will be located, the exact location of each to be reasonably approved by the <br />Landlord, are described on Exhibit B attached hereto. The installation detail of the <br />antennas, connecting cables and appurtenances, and of the equipment shelter/cabinets is <br />described in Exhibit C attached hereto. Exhibits A, B and C are made a part hereof. <br />2.Rent. <br />a) Amount,Adjustments. As a consideration for this Lease and in consideration of <br />Tenant's intention to install no more than 6 antennas, Tenant shall pay Landlord <br />an annual rent in the amount of$15,000 for the initial year, which shall be <br />increased each year on January 1, commencing April 1, 2001,by the greater of: <br />a) five percent (5%) of the previous year's annualized rental, or(b)by an amount <br />equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean <br />the "Consumer Price Index - for All Urban Consumers, All Cities, All Items <br />1982-84=100)" as published by the United States Department of Labor Statistics, <br />or if such index shall be discontinued, the successor index, or if there shall be no <br />successor index, such comparable index as mutually agreed upon by the parties. <br />To determine the annual rental increase to be paid by Tenant under a CPI adjuster, <br />the annualized rental for the previous year shall be multiplied by a percentage <br />figure, computed from a fraction, the numerator of which shall be the CPI for the <br />third quarter of the preceding year and the denominator of which shall be the CPI <br />for the corresponding quarter of one year earlier. Such fraction shall be converted <br />to a percentage equivalent. The resulting percentage figure shall be multiplied by <br />the previous year's rent(annualized for the first year, see Paragraph 4 below). <br />b) Time of Payment, Taxes. Landlord shall communicate all rental increases to the <br />Tenant in writing by the preceding December 1 of each year. The annual rental <br />shall be paid before January 1 of each year. For the first year, the rental shall be <br />385866/3