5.5. ERMUSR 09-10-2013 First Amendment to
Non-Exclusive Tower Attachment Lease Agreement
This First Amendment to Non-Exclusive Tower Attachment Lease Agreement ("First
Amendment") is executed this day of , 2013 by and between Elk
River Municipal Utilities ("Lessor") and Sprint Spectrum Realty Company, L.P., a Delaware
limited partnership ("Lessee").
WHEREAS, Lessor and Lessee's predecessor in interest, Sprint Spectrum L.P., entered
into a Non-Exclusive Tower Attachment Lease Agreement("Lease") on June 1, 2010; and
WHEREAS, the Lease allows Lessee to install, maintain and operate a
telecommunications facility on Lessor's property located at 18586 Gary Street in the City of Elk
River(the "Property"); and
WHEREAS, Lessee has requested that the Lease be amended to allow Lessee, or its
authorized agents, to make the following modifications to Lessee's existing telecommunications
facility on the Property:
• Replacement of existing equipment cabinets, antennas and other equipment, including
cabling and mounting apparatus;
• Installation of additional radio receiving and transmitting equipment adjacent to
antennas at the top of the water tower; and
WHEREAS, Lessor agrees to amend the Lease, subject to the terms and conditions of this
First Amendment.
NOW, THEREFORE, for and in consideration of the terms and mutual promises herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Lessor and Lessee agree as follows:
1. Allowed Attachments
The Lease is interpreted to allow up to twelve (12) antennas, or other attachments
similar in size to the approved antennas, at the top of the Water Tower. No more than
twelve (12) antennas or other attachments are allowed by the Lease. Placement of more
than twelve (12) antennas or other attachments on the Water Tower will require an
amendment of the Lease and the payment of additional rent.
2. New Exhibit C
The Lease is hereby amended to substitute the attached "Amended Exhibit C" in
place of the existing Exhibit C to the Lease. No new equipment shall be brought to the
Property or installed until Amended Exhibit C, attached to this First Amendment, is
approved in writing by Lessor. All of Lessee's equipment, new and existing, shall at all
times be located entirely within the leased area identified in the Lease.
3. Compliance with Lease
Except as specifically modified by this First Amendment, the Lease shall remain
in effect pursuant to its terms and Lessee shall strictly follow the requirements of, and
obtain all approvals required by, the Lease, and shall fully comply with the Lease in all
other respects. Lessee shall reimburse Lessor for all of Lessor's costs to consider,
prepare and administer this First Amendment as provided in Section 5(c) of the Lease.
4. Authority
Each of the parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this First
Amendment.
5. Future Amendments
Neither this First Amendment nor the Lease may be modified in any other way
except in writing approved and signed by both parties.
IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment to
Non-Exclusive Tower Attachment Lease Agreement as of the date and year first above written.
LESSOR:
ELK RIVER MUNICIPAL UTILITIES
By
Its: Chair
By
Its: General Manager
LESSEE:
SPRINT SPECTRUM REALTY COMPANY, L.P.,
a Delaware Limited Partnership
By:
Its:
2
First Amendment to
Non-Exclusive Tower Attachment Lease Agreement
This First Amendment to Non-Exclusive Tower Attachment Lease Agreement ("First
Amendment") is executed this day of , 2013 by and between Elk
River Municipal Utilities ("Lessor") and Sprint Spectrum Realty Company, L.P., a Delaware
limited partnership ("Lessee").
WHEREAS, Lessor and Lessee's predecessor in interest, Sprint Spectrum L.P., entered
into a Non-Exclusive Tower Attachment Lease Agreement("Lease") on June 1, 2010; and
WHEREAS, the Lease allows Lessee to install, maintain and operate a
telecommunications facility on Lessor's property located at 17721 Johnson Street in the City of
Elk River(the"Property"); and
WHEREAS, Lessee has requested that the Lease be amended to allow Lessee, or its
authorized agents, to make the following modifications to Lessee's existing telecommunications
facility on the Property:
• Replacement of existing equipment cabinets, antennas and other equipment, including
cabling and mounting apparatus;
• Installation of additional radio receiving and transmitting equipment adjacent to
antennas at the top of the water tower; and
• Installation of one (1) Microwave dish and corresponding cables on the water tank.
WHEREAS, Lessor agrees to amend the Lease, subject to the terms and conditions of this
First Amendment.
NOW, THEREFORE, for and in consideration of the terms and mutual promises herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Lessor and Lessee agree as follows:
1. Allowed Attachments
The Lease is interpreted to allow up to twelve (12) antennas, or other attachments
similar in size to the approved antennas, at the top of the Water Tower. No more than
twelve (12) antennas or other attachments are allowed by the Lease. Placement of more
than twelve (12) antennas or other attachments on the Water Tower will require an
amendment of the Lease and the payment of additional rent.
2. Microwave Dish
Lessee shall have the right to install one (1) Microwave dish and corresponding
cables on the water tank per approved drawings. Lessee shall pay Lessor a one-time
payment of Five Thousand and 00/100 Dollars ($5,000.00) for the right to install the
Microwave dish on the water tank for a period not to exceed nine (9) months. This one
(1) Microwave dish will temporarily be the thirteenth (13th) attachment. If Lessee does
not remove the Microwave dish or otherwise bring the total attachments to twelve (12) or
fewer within nine (9) months of the construction start date, then Lessee shall pay Lessor
an additional Five Thousand and 00/100 Dollars ($5,000.00) as the annual lease payment
amount for each additional attachment. Beginning nine (9) months after the construction
start date, each attachment exceeding the contracted twelve (12) attachments will be
subject to an annual lease payment of Five Thousand and 00/100 Dollars ($5,000.00) per
attachment subject to all provisions of the Lease.
3. New Exhibit C
The Lease is hereby amended to substitute the attached "Amended Exhibit C" in
place of the existing Exhibit C to the Lease. No new equipment shall be brought to the
Property or installed until Amended Exhibit C, attached to this First Amendment, is
approved in writing by Lessor. All of Lessee's equipment, new and existing, shall at all
times be located entirely within the leased area identified in the Lease.
4. Compliance with Lease
Except as specifically modified by this First Amendment, the Lease shall remain
in effect pursuant to its terms and Lessee shall strictly follow the requirements of, and
obtain all approvals required by, the Lease, and shall fully comply with the Lease in all
other respects. Lessee shall reimburse Lessor for all of Lessor's costs to consider,
prepare and administer this First Amendment as provided in Section 5(c) of the Lease.
5. Authority
Each of the parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this First
Amendment.
6. Future Amendments
Neither this First Amendment nor the Lease may be modified in any other way
except in writing approved and signed by both parties.
2
IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment to
Non-Exclusive Tower Attachment Lease Agreement as of the date and year first above written.
LESSOR:
ELK RIVER MUNICIPAL UTILITIES
By
Its: Chair
By
Its: General Manager
LESSEE:
SPRINT SPECTRUM REALTY COMPANY, L.P.,
a Delaware Limited Partnership
By:
Its:
664632 DOCX
3