07-27-11 Council Agenda - Laserfiche WebLink

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Market: Minneapolis Coll Site Number: MNI,03034 (:ell Site Name: tittle Canada Fixed Asset Num her: 1008175 1 SECOND AMENDMENT TO TOWER /LAND AGREEMENT THIS SECOND AMENDMENT TO TOWER /LAND AGREEMENT ( "Second Amendment "), dated as of the latter of the signature dates below (the "Effective Date "), is by and between the City of Little Canada, a Minnesota municipal corporation, having a mailing address of 515 Little Canada Road, Little Canada, MN 55117 ( "Landlord ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as successor -in- interest to AT&T Wireless Services of Minnesota, inc., d /b /a AT &T Wireless, a Nevada corporation, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 ( "Tenant "). WHEREAS, Landlord and Tenant (or T'enant's predecessor -in- interest) entered into a Tower /Land Agreement dated March 8, 1989, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 2655 Noel Drive, Little Canada, MN 55117 ( "Original Lease "); and WHEREAS, Landlord and Tenant entered into a First Amendment to Tower /Land Agreement dated February 27111' 2002 (the "First Amendment "), whereby Landlord leased to Tenant the right to increase rights for the placement of three (3) additional antennas (for a total of nine (9) antennas) including related equipment and cabling as depicted in the approved drawings attached as Exhibit A of the First Amendment (the Original Lease and the First Amendment are collectively referred to as the "Agreement "); and WHEREAS, Landlord and 'tenant desire to amend the Agreement to allow for the installation of additional antennas, associated cables and other communications instruments and to adjust the rent in conjunction with the modifications to the Agreement contained herein; and WI- IEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and /or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 12 -2010 2010Porm Amendment 2