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<br />TOWER LEASE AGREEMENT <br /> <br />2)7) rd.. . L.,n <br />This lease is made this lJ day of I't'"Vetrvrz( , 2008, 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, North Dakota, <br />with its principal place of business in the City of Fargo, N.D. (hereinafter "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 ("Kindred Property"). <br /> <br />Whereas, Tenant wishes to lease certain space on the Tower from Landlord for <br />purposes of supporting the operation of an emergency paging and Sheriffs <br />communication systems. <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 to be <br />performed by Tenant, does hereby grant to Tenant the right to use and occupy space, <br />provided by Landlord, on the Kindred Property for the purpose of installing: <br />A. An antenna to be installed on the Tower, in space provided by <br />Landlord, at the 75 foot level and flexible coaxial transmission line between the <br />antenna and transmitter on site; and <br /> <br />B. A radio antenna located at approximately the 200 foot level with a <br />flexible transmission line between the antenna and transmitter on site. <br /> <br />C. A radio antenna located at approximately the 140 foot level with a <br />flexible transmission line between the antenna and transmitter on site. <br />Together the locations specified in subparts A, B, and C are the <br />"Tower Space". <br /> <br />2. Transmitter Building. In addition to the tower space, Landlord agrees that Tenant <br />may install a 12' x 16' equipment shelter (the "Transmitter Building") on Landlord's <br />property adjacent to the Tower at a location approved by Landlord for Tenant's use. <br />The Transmitter Building will be used to house communication equipment consisting <br />of a mobile radio receiver, mobile radio transmitter, and battery back up power <br />supply source. Tenant will be responsible for installing and removing the Transmitter <br />Building, and the provision of backup generation, air conditioning and all other <br />improvements required for Tenant's use of the Transmitter Building. The Tower <br />Space and the Transmitter Building are sometimes herein referred to collectively as <br />the "Leased Premises." <br /> <br />3. Rent. In consideration for the lease of space on the tower, Tenant will be Landlord <br />once each year annual rent of $4,080. Rent will be due in advance, without deduction <br />-1- <br />