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<br />Cell Site No: Arden Hills 25491
<br />Site Address: 4251 Fernwood Street, Arden Hills, MN 55112
<br />
<br />SECOND AMENDMENT TO WATER TOWER LEASE AGREEMENT
<br />
<br />THIS SECOND AMENDMENT TO WATER TOWER LEASE AGREEMENT ("Second
<br />Amendment") dated as of the date below is by and between City of Arden Hills, Minnesota, a Minnesota
<br />municipal corporation, having a mailing address at 1245 West Highway 96 Arden Hills, MN 55112-5794
<br />(hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability
<br />company, successor in interest to AT&T Wireless Services of Minnesota, Inc., d/b/a AT&T Wireless, a Nevada
<br />corporation having a mailing address at 6100 Atlantic Boulevard, Norcross, GA 30071 (hereinafter referred to
<br />as HT enant").
<br />
<br />WHEREAS, Landlord and Tenant entered into a Water Tower Lease Agreement, dated April 18, 1989,
<br />as amended by a First Amendment to the Water Tower Lease Agreement, dated March 26, 2002, whereby
<br />Landlord leased to Tenant certain Leased Premises, therein described, that are a portion of the Property located
<br />at 4251 Femwood Street, Arden Hills Ramsey MN 55112 ("Lease"); and
<br />
<br />WHEREAS, Landlord and Tenant desire to extend the term of the Lease; and
<br />
<br />and
<br />
<br />WHEREAS, Landlord and Tenant desire to modify, as set forlh herein, the rent payable under the Lease;
<br />
<br />WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenant's obligations to pay
<br />rent to Landlord for a Rent Guarantee Period; and
<br />
<br />WHEREAS, Landlord and Tenant, in their mutual interest, further wish to amend the Lease as set forth
<br />below.
<br />
<br />NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
<br />receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
<br />
<br />1. Term. The Term of the Lease shall be amended to provide that the Lease has a new initial term
<br />of 60 months ("New Initial Term"), commencing on May 1, 2007. The Term will be automatically renewed for
<br />up to 5 additional 60 month terms (each an "Extension Term") without further action by Tenant.
<br />
<br />2. Termination. In addition to any rights that may exist in the Lease, after the Rent Guarantee
<br />Period, as defined below, Tenant may terminate the Lease at any time with 30 days prior written notice to
<br />Landlord; provided, that Tenant pays to Landlord an amount equal to 12 months of the then current rent.
<br />
<br />3. Modification of Rent. Commencing on May I, 2007, the rent payable under the Lease shall be
<br />$1,012.66 per month, and shall continue during the Term, subject to adjustment as provided below.
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<br />Landlord Initial:
<br />
<br />Tenant Initial:
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