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<br />Site 10: N020842-A-03
<br />Site Name: Hickson Wild Rice
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<br />Tenant Site ID: Hickson
<br />Tenant Site Name: Hickson
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<br />ANTENNA SITE AGREEMENT
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<br />1. Premises and Use. AAT .:COMMUNICATIONS
<br />CORP., a New York corporation...("Owner") leases to
<br />COUNTY OF CASS, a North Dakota governmental
<br />agency ("Tenant"), the site described below: Tower
<br />antenna space; Ground space for placement of Pad
<br />or Shelter ("Shelter") for Tenant's base station
<br />equipment consisting of approximately 221 square
<br />feet; and space required for Tenant's cable ladders,
<br />cable runs and cable bridges to connect
<br />telecommunications equipment and antennas, in the
<br />location shown on Exhibit A, together with a non-
<br />exclusive easement for reasonable access thereto
<br />and to the appropriate, in the discretion of Tenant,
<br />source of electric and telephone facilities,
<br />(collectively, the "Site"). --The Site will" be used by
<br />Tenant for the purpose of installing, removing,
<br />replacing, modifying, maintaining and operating, at its
<br />expense, a telecommunications service system
<br />facility consisting of the antenna(s) and related
<br />equipment set forth on Exhibit B (the "Equipment"). If
<br />Tenant desires to place equipment on the Site in
<br />addition to that listed on Exhibit B, Owner and Tenant
<br />will negotiate the placement of the additional
<br />equipment and the associated increased rent. The
<br />placement of substitution equipment in accordance
<br />with Section 9 shall not constitute additional
<br />equipment unless the same shall utilize additional
<br />space or capacity. Tenant will use the Site in a
<br />manner which will not unreasonably disturb the
<br />occupancy of Owner's other tenants.
<br />2. Term. The "Initial Term" of this Agreement shall
<br />be five (5) years beginning on the date set forth
<br />below ("Commencement Date") and terminating on
<br />the fifth anniversary of the Commencement Date.
<br />This Agreement will automatically renew for four (4)
<br />additional terms (each a "Renewal Term") of five (5)
<br />years each, unless either party provides notice to the
<br />other of its intention not to renew not less than one-
<br />hundred and twenty (120) days prior to the expiration
<br />of the Initial Term or any Renewal Term.
<br />COMMENCEMENT DATE: September 1, 2006.
<br />
<br />3. Rent. As compensation for the Initial Term,
<br />Tenant shall pay to Owner a one-time license fee of
<br />Fifty Thousand and No/100 Dollars ($50,000.00),
<br />payable on the Commencement Date. Rent will be
<br />increased at each Renewal Term following the Initial
<br />Term by 20% of the rate In effect for the prior term.
<br />This Agreement shall be effective on the date last
<br />executed by the parties.
<br />4. Security Deposit. Intentionally omitted.
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<br />5. Title and Quiet Possession. Owner represents
<br />and agrees (a) that it is in possession of the Site as
<br />lessee under a ground lease, ("Ground Lease"); (b)
<br />that if applicable, upon request from Tenant, Owner
<br />
<br />ANTSITE 11-20-00 Other
<br />July 31. 2006
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<br />will provide to Tenant a copy of the Ground Lease
<br />with financial and other confidential terms redacted;
<br />(c) that it has the right to enter into this Agreement;
<br />(d) that the person signing this Agreement has the
<br />authority to sign; and (e) that Tenant is entitled to the
<br />quiet possession of the Site subject to zoning and
<br />other requirements imposed by governmental
<br />authorities, any easements, restrictions, or
<br />encumbrances of record throughout the Initial Term
<br />and each Renewal Term so long as Tenant is not in
<br />default beyond the expiration of any cure period_
<br />Notwithstanding anything to the contrary contained in
<br />this Agreement, if the Site is subject to a Ground
<br />Lease, either party may terminate this Agreement
<br />without further liability upon the termination or
<br />expiration of Owner's right to possession of the Site
<br />under the Ground Lease. Owner will not do, attempt,
<br />permit or suffer anything to be done which could be
<br />construed to be a violation of the Ground Lease. This
<br />Agreement is subordinate to any mortgage or deed of
<br />trust now of record against the Site. Promptly after
<br />this Agreement is fully executed, if requested by
<br />Tenant, Owner will request the holder of any such
<br />mortgage or deed of trust to execute a non-
<br />disturbance agreement in a form provided by Tenant,
<br />and Owner will cooperate with Tenant at Tenant's
<br />sole expense toward such an end to the extent that
<br />such cooperation does not cause Owner additional
<br />financial liability. Tenant will not, directly or indirectly,
<br />on behalf of itself or any third party, communicate,
<br />negotiate, and/or contract with the lessor of the
<br />Ground Lease, unless Owner's rights under the
<br />Ground Lease have been terminated.
<br />6. Assignment/Subletting. Tenant may not assign
<br />or transfer this Agreement without the prior written
<br />consent of Owner, which consent will not be
<br />unreasonably withheld, delayed or conditioned.
<br />However, Tenant may assign without the Owner's
<br />prior written consent to any party controlling,
<br />controlled by or under common control with Tenant
<br />provided that the assuming party has comparable
<br />credit quality to that of T enant. Tenant may not
<br />sublease this Agreement. In no event will Tenant be
<br />relieved of any obligations or liability hereunder.
<br />7. Access and Security. Tenant will have the
<br />reasonable right of access to the Tower where its
<br />Equipment is located; provided that, Tenant must
<br />give Owner forty-eight (48) hours prior notice.
<br />Tenant will have unrestricted access twenty-four (24)
<br />hours a day seven (7) days a week to Its Pad or
<br />Shelter. In the event of an emergency situation
<br />which poses an immediate threat of substantial l}arl'D . _ _ _
<br />or damage to persons and/or property (including )ne: . : . : . : . : . : . :
<br />continued operations of Tenant's telecommUniCati_.~s::'::::::::::,
<br />. .. .....~
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<br />Tenant Inttials:_ Ovmer Initials: ~ (~t~B~ ~ ~ ):
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