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HomeMy WebLinkAboutItem 06.lApril 2, 2012 Item No. SITE LEASE AGREEMENT WITH ZAYO GROUP, LLC FOR 17100 IPAVA AVE. Proposed Action Staff recommends adoption of the following motion: Move to approve the Site Lease Agreement with Zavo Group, LLC for 17100 Ipava Ave. Approval of the motion will result approval of the Site Lease Agreement with Zayo Group, LLC at the North Park Water Tower. Overview Zayo Group provides services to other telecom companies. They are seeking approval of an Agreement to Lease space inside the North Park Water Tower. KLM Engineering will review the plans and specifications as well as inspect the work on behalf of the City to ensure compliance with the Agreement. Primary Issues to Consider ❖ Lease Amount o $3,750 for the first with year with 3.0% per year increases thereafter. Term o Initial term is 3 years with the option to extend the Agreement for four additional consecutive 3 year terms. Supporting Information • Site Lea §Q Agreement Den er, l±i rcc�to� Financial Impact: $ 3,750 per year Budgeted: N.A. Source: Water Trunk Fund Related Documents (CIP, ERP, etc.): Notes: SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( " Lease ") is effective April 1, 2012, and is between the CITY OF LAKE VILLE, a Minnesota municipal corporation, with offices at 20195 Holyoke Avenue West, Lakeville, Minnesota 55044 (hereinafter called "City "), and Zayo Group, LLC with an address of 400 Centennial Parkway, Louisville, Colorado. 80027 (hereinafter called "Tenant "). SECTION ONE Leased Premises City hereby leases to Tenant, and Tenant hereby leases from City property located at North Park Water Tower 17100 Ipava, Lakeville, Minnesota, more particularly described in Exhibit A attached hereto and made a part hereof, together with a non - exclusive right for ingress and egress and utilities to the nearest public right -of -way, (referred to herein as the "Leased Premises" or the "Site "), for the use by Tenant to install certain communications facilities (the Facilities ") which are described in Exhibit 13 attached hereto. The City may require Tenant to relocate Tenant's fiber optic cable at Tenant's expense if the fiber optic cable interferes with the City's use or planned use of the location of the 'fiber optic cable. SECTION TWO Term The term of this Agreement shall be 3 years ( ° Initial Term "), commencing on the date Tenant begins construction of the Tenant Facilities, or one hundred and twenty (120) days after full execution of this Agreement, whichever occurs first (the "Commencement Date "). This Agreement shall automatically renew and extend for four (4)consecutive three (3) year Renewal 15200103 RNK:r05 /26/207 0 Term unless either the City or the Tenant notifies the other party in writing of its intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. In such case, this Agreement shall be terminated effective on the date of the expiration of the Initial Term or the current Renewal Term, as the case may be. SECTION THREE Termination A. This Agreement maybe terminated upon thirty (30) days written notice from City to Tenant in the event Rent is not paid by Tenant on or before the annual Anniversary Date of each year during the Initial Tenn or any Renewal Term, as applicable, and such failure to pay Rent is not cured by Tenant within thirty (30) days of written notice from City that such Rent is overdue. B. 'Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability, following sixty (60) days written notice as follows: (1) by either party upon a material default of any covenant or teen. hereof (except for the payment of Rent) by the other party, which default is not cured within sixty (60) days of receipt of written notice of default unless such default may not reasonably be cured within a sixty (60) day period, in which case, this Agreement may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default and thereafter cures the default (without, however, limiting any other rights available to the parties at law, in equity, or pursuant to any other provisions hereof); (2) by City if the City in its sole discretion decides to sell the property or to discontinue use of the property for a water tower. 15200103 RNK:r05 /26/2010 C. If this Agreement is terminated, Rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents, and any security deposit, shall be refunded to Tenant within ninety (90) days of said termination. SECTION FOUR Removal of Equipment and Security Deposit Within ninety (90) days of expiration, cancellation or termination of this Lease, Tenant shall remove all of its equipment and personal property from the Site and restore the Site to the same condition as originally delivered by the City, ordinary wear and tear excepted. Upon execution of this Lease, Tenant shall deposit with City and shall maintain at all times a security deposit as provided in this Lease. In the event Tenant fails to timely remove its equipment and personal property and timely return the Site to its original condition as required hereunder, the City may, without further notice, take all reasonable action to restore the Site and be reimbursed for the cost thereof from the security deposit described above, and shall have no responsibility to store, protect, maintain, or preserve the Tenant's equipment or any personal property that Tenant has failed to timely remove. The City shall not be liable to Tenant for any damage to Tenant's property caused by such removal, and Tenant shall hold the City harmless from any claims by a third party for damage to the equipment claimed to be incurred by reason of the City's removal of said equipment. It is understood that no interest on said security will be paid by City to Tenant except to the extent required by law. The provisions of this section shall not limit the rights of City to recover damages for the breach of any term or condition of this Lease, and City may pursue all of its remedies at law or equity under this Lease. SECTION FIVE Base Rent 152001v03 RNK:r05 /26/2010 Base Rent shall be paid by Tenant to the City. The annual rent is $ 3.750 (Three thousand Seven hundred Fifty dollars). Within fifteen (15) days of the Commencement Date and on the annual anniversary date of the Commencement Date ( "Anniversary Date ") of the Initial Term and any Renewal Terms, Tenant shall pay to City the annual rent in advance. The annual Rent shall increase by 3 percent (3.0 %) annually on each anniversary of the Commencement Date. Rent not paid and received by City when due shall be subject to a five percent (5 %) late fee, or the maximum rate allowable at law, and, subject to Section 3(A) above, if left uncured, shall allow City the option to terminate this Agreement upon thirty (30) days written notice from City to Tenant. Rent for any fractional month at the beginning or at the end of the Initial Term or a Renewal Term shall be prorated. SECTION SIX Additional Rent In addition to Base Rent, Tenant shall pay Additional Rent to the City on the dates and in the amounts shown in the following schedule: A. On the Commencement Date an Initial Review Fee ($300) for initial review of the site plans, installation inspection fees and legal expenses incurred by City for negotiation and drafting of this Agreement and an Inspection Fee ($200) for inspections after equipment has been installed at the site and Deposit ($500) for consultant inspection of the site install. B. Tenant shat promptly reimburse to City its costs for subsequent engineering, legal or staff reviews as the City may from time to time reasonably incur as a result of any change to the Facilities on the Site as required by section 11.13 of this Agreement. SECTION SEVEN 15200103 RNK:r05 /26/2010 Payment of Rent and Additional Rent All Rent and Additional Rent shall be payable to the City at the following address: 20195 Holyoke Avenue, Lakeville, MN 55044; Attention: Finance Director. SECTION EIGHT Limitation on Equipment The equipment and personal property allowed to be installed at the Site under this Lease shall be limited to the Facilities described on Exhibit B of this Lease, together with any necessary accessories, intended use of the Site by Tenant. SECTION NINE Governmental Approval Contingency Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state or local authority. SECTION TEN User Priority Tenant agrees that the following priorities of uses that exist at the Site as of the date Tenant signs this Lease, in descending order, shall apply in the event of communications interference or other communications conflict to eliminate the interference or conflict while this Lease is in effect. Tenant's use shall be subordinated to the existing use of any entity having priority over Tenant identified below; provided that such entities having priority operate within assigned frequencies and in compliance with applicable law: (1) City functions; 15200103 RNK:r05 /26/2010 (2) Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the City; (3) Other governmental agencies where use is not related to public safety; and (4) Tenant and other government - regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, including any other party using radio equipment; provided the priority among entities described in the subpart (4) shall be on the basis of the entity's first date of operation at the Site. If the Tenant's activities cause interference with higher priority users' uses existing as of the date Tenant signs this Lease, Tenant shall take all reasonable measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within ten (10) business days after receiving City's written notice of the interference, Tenant shall immediately cease the use and operation of its equipment on the Leased Premises and shall not recommence its operations, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant received City's written notice, Tenant may, at its option, tenninate this Lease immediately. SECTION ELEVEN Use A. Use. Tenant acknowledges that it has not relied on any representations of the City about the suitability of the Site for Tenant's use and operation of the equipment. Tenant may use 15200103 RNK:r05 /26/2010 the Site for the installation, maintenance, replacement, upgrading, testing, removal and operation of the Equipment as described herein. B. Replacements. Before the Tenant may modify the Facilities other than as provided for in the initial construction drawings attached as 'Exhibit B, Tenant shall request and obtain the approval of the City and shall provide to the City detailed plans and specifications for such modifications together with any other information reasonably requested by City, which approval shall not be unreasonably withheld conditioned or delayed, Tenant shall promptly pay to City as Additional Rent pursuant to section 6b of this Agreement additional expenses, if any, incurred by the City as a result of any modification of the Facilities, including but not necessarily limited to reasonable expenses for plan review, inspection and legal fees. C. Operation and Equipment. Tenant shall install, maintain, replace, remove and operate the Facilities in accordance with all applicable laws and regulations, and in accordance with all City ordinances and FCC technical standards. Tenant shall operate the equipment in accordance with all applicable FCC technical standards and good communication engineering practices. It is further agreed that City in no way guarantees to Tenant non - interference for the operation of Tenant's equipment except as provided herein. All modifications to the Leased Premises and all improvements, made for Tenant's benefit, shall be at the Tenant's expense and such improvements, including facilities and equipment, shall be maintained in a good state of repair SECTION TWELVE Installation and Maintenance of Tenant Equipment Tenant shall install and maintain the Facilities at its sole cost and expense, and upon removal of the Facilities, Tenant shall repair the Site and return it to its condition at the time of 15200103 RNK:r05 /26/2010 commencement of this Lease, ordinary wear and tear excepted. The parties agree that the Facilities placed on the Site during the term of this Lease shall remain the property of the Tenant. SECTION THIRTEEN Utility Service All utility services provided to the Site, which shall be limited to electricity shall be at Tenant's sole expense. The City shall not be responsible for any damages due to the interruption of utility service except for its intentional acts or negligence. City will cooperate with any utility company or other qualified entity requesting access to the Site to provide utility service to the Tenant. SECTION FOURTEEN Access Background checks shall be completed on all individuals who request access to any of the water system facilities, reservoir, wells or other public works facility located within the Property or Leased Premises ( "Facilities" or "Facility "). Background checks performed by the Tenant requesting access for its employees cannot be used in substitution of City's background check. City reserves the right to refuse access to any Facility located within or about the Property based on the results of the background check.. City will update the background checks annually. The following are the procedures, duties and responsibilities of City and Tenant with respect to access to the Property or Leased Premises: Background Checks Individuals, groups, and companies requesting access to the Facility on behalf of Tenant shall submit the name of the Tenant and other pertinent information regarding the access request to City's Operations and Maintenance Department as set forth below. Information must be received I52001v03 RNK:r05 /26/2010 sufficiently in advance of the visit to the Facility to allow for the completion of a background check. The City's Operations and Maintenance Department will provide the information to the Lakeville Police Department who will complete the background check. The Police Department will return the results of the background check to the Operations and Maintenance Department for review and disposition. Information provided to the City concerning background checks will be maintained on file for one year. ii. Procedures All individuals must present appropriate state, federal, or company issued photo identification before access is granted to the Leased Premises. All individuals, regardless of the status of the background check, will be escorted by City personnel when working within the Facilities. Individuals with approved background checks will be allowed to work within the Leased Premises unescorted, subject to escort requirements for work within Facility areas. Individuals without approved background checks will be escorted while they are working in or around the Leased Premises. Tenant shall contact the City's Utility Department at 952- 985 -4540 from 7:30 a.m. - 4:00 p.m. central time Monday through Friday or the City's Police Department at 952 -985 -4800 at all other times to obtain access to the Leased Premises. iii. Tenant Access • Tenant shall be issued one (1) key for the Site and shall not duplicate and /or copy the key. If the key is Lost, all costs associated with re- keying 15200103 RNK:ro5 /26/2010 the locks and re- issuing keys shall be charged to Tenant, a minimum fee of $500 shall be charged to Tenant should this occur. • If Tenant wishes to access the Site, it must first notify the City of Lakeville Utilities Superintendent and Utilities Supervisor via email no less than one (1) hour prior to its desired arrival time at the Site. If Tenant does not notify the required City staff, a $100.00 fee per occurrence will be charged to Tenant as it is imperative that the City is aware of who is accessing the Site at all times. • Tenant is responsible for securing the Site when it leaves the Site. If Site is not secured when the Tenant leaves and City staff needs to respond to secure the Site, a $250.00 fee plus all applicable labor costs for securing the Site will be charged to Tenant. f Tenant is responsible for disabling the intrusion alarm upon entering Site. If the intrusion alarm is activated and City staff is required to respond, a $100.00 fee plus all applicable labor costs for disabling the intrusion alarm will be charged to Tenant. • If City staff is required to assist Tenant for any other reason at the Site, a $100.00 fee plus all applicable labor costs for traveling to the Site and assisting Tenant will be charged to the Tenant. 15200103 10 RNKx05 /26!2010 SECTION FIFTEEN Indemnification Tenant shall indemnify City and hold City and all of City's officers, employees, agents, and representatives harmless from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligation, liabilities and liens which arise out of (a) the breach of this Agreement by Tenant; and (b) the use and /or occupancy of the Property, or the Leased Premises, by Tenant. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any negligent or intentional misconduct of City, its employees, agents or contractors, and shall survive the termination of this Agreement. SECTION SIXTEEN Insurance Tenant shall maintain the following insurance during the entire term of this Lease: A. Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $1,000,000 bodily injury limits for each accident or bodily injury by disease, each employee. B. General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Leased Premises /Operation, broad form contractual, independent contractors, and products /completed operations. 15200103 1t RNK:r05 /26/2010 The'I'enant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $2,000,000 each occurrence; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the use of an umbrella or excess liability policy in addition to the underlying policies. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. C. Automobile Liability, The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. Coverage shall be provided far Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. D. Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises caused by a casualty loss. The amount of coverage shall be sufficient to replace the damaged property and loss of use and comply with any ordinance or law requirements. E. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to commencement of the Lease and at the time of the commencement of each Renewal Term, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the State of Minnesota, such insurance company to be reasonably acceptable to City, which includes all coverages required by this Lease, and as may be required by law. City shall be named as an Additional Insured on the General Liability and Commercial Automobile Liability policies. The Certificate shall also provide that the coverage may not be 15200103 12 RNK:r05 /26/2010 cancelled unless thirty (30) days' prior written notice is provided to the City by the insurer. Tenant shall provide a current updated certificate to the City at any time requested by the City. P. Adjustment to Insurance Coverage Limits. The coverage limits set forth herein in the policies of insurance required to be provided by Tenant may be required to be increased, at City's reasonable discretion, at the time of the commencement of any Renewal Tenn, so that the reasonably increased coverage limits take into account inflation of the value of the insured property or changes in law. SECTION SEVENTEEN Destruction of Leased Premises If the Leased Premises are destroyed or damaged so as to reasonably hinder the Tenant's effective use of the Leased Premises, either City or Tenant may elect to terminate this Agreement effective as of the date of the damage or destruction by notifying the other party not more than forty -five (45) days following the date of damage. In such event, all rights and obligations of the parties under this Agreement shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Notwithstanding anything to the contrary herein, this shall not require City to repair or rebuild the Leased Premises upon damage or destruction. SECTION EIGHTEEN Condemnation In the event City receives notification of any condemnation proceedings affecting the Site, City will promptly provide notice of the proceeding to Tenant. If a condemning authority 15200103 13 RNK:r05 /26/2010 takes all of the Site, or a portion sufficient, in Tenant's sole determination, to render the Leased Premises unsuitable for Tenant, this Lease will terminate as of the date the title vests in the condemning authority. SECTION NINETEEN Successors or Assigns All of the terms, covenants, obligations and conditions hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Except as provided otherwise in this Lease, Tenant shall not sell, assign, sublet or sublicense any interest hereunder without the prior written consent of City however, Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement. Notwithstanding the foregoing, no such assignment shall relieve Tenant of its obligations hereunder unless the assignment has been approved in advance by City in writing. SECTION TWENTY Notices Any notice required or permitted by this Lease shall be deemed validly given if sent by certified mail, courier, overnight delivery or acknowledged facsimile, addressed as follows: 15200103 - 14 RNK:r05 /26/2010 TO CITY: City of Lakeville Attn: Utility Superintendent 20195 Holyoke Avenue Lakeville, MN 55044 TO TENANT: Zayo Group, LLC Attn: General Counsel 400 Centennial Pkwy Louisville, CO 80027 with a copy to: SECTION TWENTY -ONE Security Interest; Consent and Aeknowled�ement Tenant may collaterally assign its interest in the Lease and the Facilities to secure Tenant's indebtedness to one or more lenders. City agrees that any lien that it may have on the Lease or the Facilities shall be subordinated to the security interests of such lender. City covenants and agrees that no part of the Facilities placed on the Site by Tenant will become, or be considered as being affixed to or a part of the Site, it being the specific intention of the City that all improvements of every kind and nature constructed, erected or placed by Tenant on the Site will be and remain the property of the Tenant and may be removed by Tenant at any time during the tern of this Lease. SECTION TWENTY -TWO Hazardous S ubstances Tenant shall hold City harmless from and indemnify City against any damage, loss, expense, response costs, or liability, including consultant fees and attorney's fees resulting from 152001v03 15 RNK:r05 /26/2010 the presence of hazardous substances on, under or around the Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around the Property if the hazardous substances were generated, stored, disposed of, or transported by Tenant or its employees agents or contractors. City represents and warrants that to the best of City's knowledge, no hazardous materials exist on the Leased Premises. Neither party shall be liable for any claims, losses or liabilities caused or permitted by the other party. SECTION TWENTY -THREE Liens Tenant shall not permit the placement of mechanic's liens and other liens (except security interests held by lenders as may be provided elsewhere in this Lease) arising out of or in connection with the installation, removal, replacement, maintenance and operation of the Facilities on the Site or otherwise on account of any action taken by or on behalf of Tenant. Tenant shall indemnify, defend and hold City harmless from and against any claims relating thereto, including any attorney fees the City may incur as a result of the defense against such liens. SECTION TWENTY -FOUR Taxes Tenant shall pay all taxes of whatever nature levied on the Facilities or the ownership or use thereof by Tenant, and Tenant shall pay any taxes or other charges imposed upon the Leased Premises by any governmental agency as a result of this Lease or other payments required herein, which are directly attributable to the Facilities. City shall provide to Tenant a copy of any notice, assessment or billing relating to real estate taxes for which Tenant is responsible under 15200103 16 RNK:r05 /26/2010 this Lease within ten (10) days of receipt of the same by City. Tenant shall have no obligation to make payment of any real estate taxes until Tenant has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which Tenant is responsible under this Lease. City shall reasonably cooperate with Tenant in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document. SECTION TWENTY -FIVE Security Deposit At the time of signing of this lease agreement by Tenant, Tenant shall deposit with City and shall maintain at all times on deposit with City the sum of Three Thousand Three Hundred dollars ($3,300.00) as security for the faithful performance by Tenant of every term and condition of this Lease, it being expressly understood and agreed that'renant may not direct City to apply said security in payment of rent for any month during the lease term, or any other Tenant obligation. It is further understood that in the event the deposit is insufficient to pay for any such obligation, Tenant shall immediately, upon demand by City, pay to City such additional surns as shall be necessary to pay for such obligations. If City applies any part of the deposit to pay such obligations, it shall, at City's option, be a condition of the continuation of this Lease that the deposit amount be fully replenished by Tenant. City may use funds from the security deposit for the cost of final inspection and, if there shall be a breach or default by Tenant in respect of any term of this Lease, City may use all or any part of the security to perform same for the account of Tenant, or for any damages resulting from Tenant's breach or default, whether 15200703 17 RNK:r05 /26/2010 such damages or default occur before or after re -entry by City. City shall not be required to so use apply or retain the whole or any part of said security nor shall the provisions of this section limit the rights of City to recover damages for the breach of any tern or condition of this Lease, and City may pursue all of its remedies at law or equity under this lease agreement. If Tenant shall fully and faithfully comply with all of the provisions of this Lease, including the surrender of possession of the Site at the termination of this Lease, then said security or any balance thereof shall be repaid to Tenant within a reasonable time after such surrender. It is understood that no interest on said security will be paid by City to Tenant except to the extent required by law. If City withdraws any sums from the security deposit on account of any breach or default by Tenant, and such breach or default does not result in a termination of this Lease, then Tenant shall immediately replenish the deposit in the amount of the withdrawn sums SECTION TWENTY -SIX Miscellaneous A. Authority. Each undersigned representative of the parties hereby represents that he or she has the authority of the party to sign this Lease. City shall not be bound to the terns of this Lease until it has been approved by the Lakeville City Council. City covenants that City is seized of good and sufficient title and interest to the Site. City further covenants that there are no other liens, judgments or impediments of title on the Site, or affecting_ City's title to the same, and that there are no covenants, easements or restrictions which prevent the use of the Leased Premises by the Tenant as set forth above. City covenants that Tenant, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Leased Premises. B. Complete Agreement; Amendment. This Lease represents the entire agreement between the parties, and supersedes all other offers, negotiations, and agreements of any kind, 152001x03 18 RNK:r05 /26/2010 and cannot be amended except in writing signed by both parties. No waiver of any provision of this Lease shall constitute a waiver of any other provision of this Lease or of the same or any other provision in any other instance. C. If the City is the prevailing party in any litigation arising hereunder the City shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. D. Governing Law. This Lease shall be construed and enforced under the laws of the State of Minnesota, and any action brought by any party under the terns of this Lease shall be venued in Dakota County District Court. E. Brokers. The parties shall indemnify and hold each other harmless from any claims for any commission, fee or other payment by any broker or similar agent claiming to have represented either F. Headings. Headings used in the Lease are for convenience and are not part of the Lease. G. Further Assurances. City and Tenant agree to execute such additional documents as the other may reasonably require to confine. this Lease. H. Recording. Upon request by either party, the parties agree to promptly execute a memorandum or other evidence of this Lease to be recorded in the appropriate public records as evidence of this Lease. I. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. J. Survival. The provisions of the Lease relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Lease. Additionally, any 15200103 19 RNIC:r05 /26!2010 provisions of this Lease which require performance subsequent to the termination or expiration of this Lease shall also survive such termination or expiration. 15200103 20 RNK:r05 /26/2010 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the dates set forth below. Date: .20 CITY OF LAKEVILLE BY: Its Mayor AND Its City Clerk LESSOR ACKNOWLEDGMENT STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) On this _ day of 20 before me, the undersigned, a Notary Public in and for the State of Minnesota, duly commissioned and sworn, personally appeared and to me known to be the Mayor and City Clerk of the City of Lakeville, Minnesota, the municipal corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Minnesota Residing at _ My appointment expires: 15200103 21 RNK:r05 /26/2010 Date: `` ', 20 ZAYO VRTP, LLC I'm E?(L ui;- -S LESSEE ACI'NOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF BOULDER On this a& ' - - 4 - day of A 20 1 , ;2 , before me, the undersigned, a Notary Public in and for the State of Colorado, duly commissioned and sworn, personally appeared �, to me known to be the person who executed the foregoing instrument on behalf of Tenant, and acknowledged said instrument to be the free and voluntary act and deed of the Tenant, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Pfint dr Ty# Name: --- Notary Public in and for Residing at My appointment expires: v My an xp1r�� 06/2412014 152001v03 22 RNK:r05/26/2010 EXHIBIT A Description of Site Parcel 220080025013 Legally described as The west 1646.28 feet of the North Half of the Northwest Quarter, except the east 350 feet of the north 830 feet of Section 8, Township 114, Range 20, Dakota County, Minnesota. 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