10-22-2003 Council Agenda - Laserfiche WebLink

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SECOND AMENDMENT TO TOWER/LAND LEASE AGREEMENT THIS SECOND AMENDMENT TO TOWER/LAND LEASE AGREEMENT ( "Amendment ") is entered into on this day of , 2003, by and between The city of Little Canada, a Minnesota municipal corporation, having an office at 515 Little Canada Road, Little Canada. Minnesota 55117 ( "Landlord ") and AT &T Wireless Services of Minnesota, Inc. d/b /a AT &T Wireless, a Nevada corporation, having an office at 2729 Prospect Park Drive, Rancho Cordova, CA 95670, as successor -in- interest to Minnesota Cellular Telephone company (d/b /a Cellular One) ( "Tenant "). Whereas, Landlord and Tenant entered into a Tower /Lease Agreement ( "Lease ") dated March 8, 1989, which is incorporated herein and made a part hereof by reference, relating to the installation and operation of Tenant's wireless communications equipment; and Whereas, Landlord and Tenant desire to amend the Lease to: (1) allow for the installation of two additional antennas and related coaxial cable; and (2) modify the rent in conjunction with the additional antennas; and Whereas, Landlord and Tenant hereby express their mutual desire and intent to amend the Tower /Land Lease Agreement. NOW, THEREFORE, In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, receipt of which is acicnowledged, Landlord and Tenant agree as follows: 1. The Lease is hereby amended to allow Tenant to add, and Landlord hereby approves the placement of, two (2) additional antennas (for a total of 11 antennas) including related equipment and cabling, as depicted on the attached Exhibit "A ". 2. Paragraph 3(a) of the Lease is hereby deleted and replace in its entirety with the following paragraph. (a) Amount, Adjustments. As consideration for this Lease, commencing upon the earlier of December 1, 2003 or the start of construction including any partial months, Tenant shall pay Landlord a monthly rent in the amount of One Thousand Six Hundred Ninety Four Dollars and Eighty Two cents ($1,694.82). On January 1, 2004, the monthly rent shall be increased to One thousand Seven Hundred Sixty Two and Sixty One cents ($1,762.61). On each succeeding January 1 beginning in 2005 and each year thereafter through the term of this lease, the monthly rent amount shall be increased by Four percent (4 %). 3. All capitalized terms not herein defined shall have the same definitions as in the Lease. 4. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall take precedence. 5. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. 2