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~ e e . B3(21(2BB2 B2:37 G~B\I A B2 'I PAGE '1- , 952-431-793B SAC FIRST AMENDMENT TO THE WATER TOWER LEASE AGREEMENT THIS FIRST AMENDMENT TO THE WATER TOWER LEASE AGREEMENT ("Ameijdmenl") is entereel into on this day Of 2002, by and between The City of Arden Hills, a Minnesota municipal corporation ("undlordj and AT&T Wireless Services of Minnesota, Ine" d/b/a AT&T Wirelass, a Nevada corporation, having an office at 2515 24'" Avenue South. Minneapolis, Minnesota 55406, as successor-in-interest to Minnesota Cellular Telephone Company (d/bla Cellular One) ('"Ternlnt"). WHEREAS, Lanellord and Tenant entered into a Water Tower Lease Agreement ("Lease") dated April 113, 19139, which is incorporated herein aoo made a part hereof by reference. in regard to pre,perty located at 4251 Femwood Avenue, Arden Hills, Minnesota, and relating to the installation tlOO operation of Tenant's wireless communications eqUipment; and WHEREAS, Landlord and Tenant desire to amend the Lease 10: (1) allow for the installation of 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 Ihe lease, NOW, THEREFOHE, in consideration of the mutual covenants aoo agreements herein set forth, and other good and valuable consideration. ",ceipt of which is aCknowledged. Landlord and Tenant agree as follo",s: 1. The leased portions of the Property and Water Tower, as defined in Section 2 of the Lease, shall liB expended to include an additional three (3) antennas, including related equipment and cabling, as mOi'll specifically described on tha attaChed Exhibit "A", 2, The monthly I~nt as stipulated in Section 4(a) of the Lease is hereby amended. Commencing ,on the date that Tenant bag ins Installation of the additional antennas. the monthly rmt will be inc",ased by One Hundred-thlrty-five dollars ($135,00) per each addition~il antenna, per month. for a total Increase of Four-hundred five Dollars ($405.00) per month, 3. All capitalized terms not herein defined shall have the same definitions as in the Lease. 4, In the event (If any inconsistencies between the lease and this Amendment, the terms of this Amendment shalltak,e precedence. 5. Except as expllessly sat 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 6. If, in spite of Tanants efforts to adequately cover. protect or remove its equipment 01 facilities; Landlonl incurs any increased costs in the maintenance of its water tower which are Iltlrtl)u1able to the presence of Tenant's equipment or facilities on or near suCh tower, Tenant shall reimburse Landlonl for the reasonable increased costs incurred by Landlord due to the presence of such equipment or facilities. An example of slt~h an Increased cost would include, without limilation, increased cost of rigging .or s:affolding due to the presence of Tenant's equipment or facilities at the site Landlord shall submit a written invoice to Tenant delineating eny such increased costs incurred. Tenant shall remit the invoiced amount to Landlord within thirty days of tile dale of the Invoice, [Signatures appear on following page.] MH01NArden HllIs