02-09-1998 Council Packet - Laserfiche WebLink

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r DRAFT SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease"), made this-----day of 199 between City of Orono ("Landlord"), and U S WEST COMMUNICATIONS WIRELESS GROUP, a division of U S WEST Communications, Inc., a corporation organized and existing under the laws of Colorado ("Tenant"). For good and valuable consideration, the parties agree as follows: 1.t.4»ased Property and Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord certain space on Landlord’s north water tower (hereinafter referred to as the "Tower" or the "Structure"), and space adjacent to the Tower, subject to any and all existing easements located , (collectively referred to as the "Premises") together with a non exclusive easement for reasonable access to Landlord’s property and for adequate utility services, including sources of electric and telephone facilities on Landlord s property located at 2700 Kelley Parkway, Orono, Minnesota (the "Property") on a non exclusive basis. The Properly is legally described on Exhibit A.attached hereto. The Premises on which antennas, connecting cables and appurtenances will be attached and located, and on which an equipment shelter will be located, the exact location of each to be reasonably approved by the Landlord, are described on Exhibit B_attached hereto. The installation detail of the antennas, connecting cables and appurtenances, and of the equipment shelter/cabinets is described in Exhibit_C attached hereto. Exhibits A, B and C are made a part hereof. 2.Rent. (a) Amount. Adjustments. As a consideration for this Lease and in consideration of Tenant’s intention to install no more than 6 antennas. Tenant shall pay Landlord an annual rent in the amount of S^2,000.0 ^r the initial year, which shall be increased each year on January 1, commencing January 1,1999, by the greater of: (a) five percent (5%) of the previous year ’s annualized rental, or (b) by an amount equal to the increase in the Consumer Price Index ("CPI"). 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 of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year ’s rent (annualized for the first year, see Paragraph 4 below). 082/22148474 11/14/97