Laserfiche WebLink
<br />" <br /> <br />--~ <br />, <br />) <br /> <br />() <br /> <br />) <br /> <br />~<:. - <br /> <br />.'f. <br /> <br />FIRST AMENDMENT TO THE WATER TOWER LEASE AGREEMENT <br /> <br />THIS FIRST AMENDMENT TO THE..\IIIATER TOWER LEASE AGREEMENT <br />("Amendment") is entered into on this ';uJi1. day of ~ 2002, by and <br />between The City of Arden Hills, a Minnesota municipal corporation ("Landlord") and AT&T <br />Wireless Services of Minnesota, Inc., d/b/a AT&T Wireless, a Nevada corporation, having an <br />office at 2515 24th Avenue South, Minneapolis, Minnesota 55406, as successor-in-interest to <br />Minnesota Cellular Telephone Company (d/b/a Cellular One) ("Tenant"). <br /> <br />WHEREAS, Landlord and Tenant entered into a Water Tower Lease Agreement <br />("Lease") dated April 18, 1989, which is incorporated herein and made a part hereof by <br />reference, in regard to property located at 4251 Femwood Avenue, Arden Hills, Minnesota, and <br />relating to the installation and operation of Tenant's wireless communications equipment; and <br />WHEREAS, Landlord and Tenant desire to amend the Lease to: (1) allow for the <br />installation of additional antennas and related coaxial cable; and (2) modify the rent in <br />conjunction with the additional antennas; and <br /> <br />WHEREAS, Landlord and Tenant hereby express their mutual desire and intent to <br />amend the Lease. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br />set forth, and other good and valuable consideration, receipt of which is acknowledged, Landlord <br />and Tenant agree as follows: <br /> <br />1. The leased portions ofthe Property and Water Tower, as defined in Section 20fthe <br />Lease, shall be expanded to include an additional three (3) antennas, including <br />related equipment and cabling, as more specifically described on the attached <br />Exhibit "A". <br /> <br />2. The monthly rent as stipulated in Section 4(a) of the Lease is hereby amended. <br />Commencing on the date that Tenant begins installation of the additional antennas, <br />the monthly rent will be increased by One Hundred-thirty-five dollars ($135.00) per <br />each additional antenna, per month, for a total increase of Four-hundred five Dollars <br />($405.00) per month. <br /> <br />3. All capitalized terms not herein defined shall have the same definitions as in the <br />Lease. <br /> <br />4. In the event of any inconsistencies between the Lease and this Amendment, the <br />terms of this Amendment shall take precedence. <br /> <br />5. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, <br />remains in full effect, and is incorporated and restated herein as if fully set forth at <br />length. Each reference in the Lease to itself shall be deemed also to refer to this <br />Amendment. <br /> <br />6. <br /> <br />If, in spite of Tenants efforts to adequately cover, protect or remove its equipment or <br />facilities; Landlord incurs any increased costs in the maintenance of its water tower <br />which are attributable to the presence of Tenant's equipment or facilities on or near <br />such tower, Tenant shall reimburse Landlord for the reasonable increased costs <br />incurred by Landlord due to the presence of such equipment or facilities. An <br />example of such an increased cost would include, without limitation, increased cost <br />of rigging or scaffolding due to the presence of Tenant's equipment or facilities at <br />the site. Landlord shall submit a written invoice to Tenant delineating any such <br />increased costs incurred. Tenant shall remit the invoiced amount to Landlord within <br />thirty days of the date of the invoice. <br /> <br />[Signatures appear on following page.) <br /> <br />MI-101A1Arden Hills <br />