j. Contract approval
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j. Contract approval
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<br />TOWER LEASE AGREEMENT <br /> <br />This lease is made this day of , 2004, by and <br />between Cass County Electric Cooperative, Inc., with its principal place of business in <br />the City of Kindred, N.D. (hereinafter "Landlord"), and Cass County Emergency <br />Management, with its principal place of business in the City of Fargo, N.D. (hereinafter <br />"Tenant"). <br /> <br />Whereas, Landlord owns a communication tower near Kindred, N.D. ("Tower") <br />and a building ("Transmitter Building") located at the site of the Tower, on a real <br />property more specifically described in Exhibit 1. <br /> <br />Whereas, Tenant wishes to lease certain space on the Tower from Landlord for <br />purposes of transmitting emergency paging. <br /> <br />Now, therefore, in consideration of the mutual promises contained and other good <br />and sufficient consideration, the receipt of which is acknowledged, the parties agree as <br />follows: <br /> <br />1. Antenna Use. Landlord, in consideration of the covenants and agreements <br />to be performed by Tenant, does hereby grant to Tenant the right to use and occupy <br />space, provided by Landlord, on the Kindred Property for the purpose of installing: <br /> <br />A. An antenna to be installed on the Tower, in space provided by <br />Landlord, at the foot level and flexible coaxial transmission line between <br />the antenna and transmitter (the "Tower Space"); and <br /> <br />B. Communication equipment consisting of a receiver, transmitter, <br />and battery back up power supply source to be housed in the Transmitter Building <br />("Building Space"). <br /> <br />The Tower Space and the Building Space are sometimes herein referred to collectively as <br />the "Leased Premises." <br /> <br />2. Rent. Provided Tenant complies with the terms and conditions of this <br />Lease, Landlord will provide use of the Leased Premises during the term of this lease for <br />no charge. <br /> <br />3. Term. The term of this Lease ("the Lease Term") shall commence on <br />and shall continue for a period of 5 years. However, either <br />party may cancel this Lease at any time upon 90 days written notice to the other party. <br /> <br />4. Use. The Leased Premises are to be used for the installation, operation <br />and maintenance by Tenant, at Tenant's sole cost and expense, of such electronic <br />communications apparatus necessary to Tenant's emergency paging function, including <br />transmitters, receivers, antenna components, cabling and accessories (collectively <br />"Tenant's Equipment"). <br />
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