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<br />"t <br /> <br />Site Name: ARDEN HILLS WT . RED ROX RD. <br /> <br />Site ill #: MSI4XC859 <br /> <br />AMENDMENT NO. I TO PCS SITE AGREEMENT <br /> <br />This Amendment No. 1 to PCS Site Agreement ("Amendment")~ effective as of the date last signed below ("Effective <br />Date"), amends a certain PCS Site Agreement between Sprint Spectrum L.P. ("SSLP") and The City of Arden Hills ("Owner"), <br />dated February, 29, 2000 (the "PCS Site Agreement"). <br /> <br />BACKGROUND <br /> <br /> <br />WHEREAS, Owner and SSLP entered into the PCS Site Agreement for the use of a certain portion of the Land and Tower; <br /> <br />and <br /> <br />WHEREAS, SSLP desires to modify its installation on the Site by replacing and relocating its antennas as more particularly <br />described in Exhibit A-2 annexed hereto. <br /> <br />AGREEMENT <br /> <br />In consideration of the mutual promises between the parties and for other good and valuable consideration the receipt and <br />sufficiency of which is acknowledged, Owner and Tenant agree as follows: <br /> <br />1. Modification to the Facilities. Exhibit A.2. of the PCS Site Agreement is herby deleted and replaced with Exhibit A.3, a <br />copy of which is attached and made a part hereof. Upon full execution of this Amendment, Tenant is permitted to do all work <br />necessary to prepare, maintain and alter the Site to install, modify or otherwise relocate the Facilities, all as more fully described and <br />contemplated in Exhibit A- 3. <br /> <br />2.. All notices must be in writing and are effective only when deposited in the U.S. mail, return receipt requested and postage <br />prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: SprintlNextel Property Services, Mailstop <br />KSOPHTOIOI-Z2650, 6391 Sprint P<JFkway, Overland Park, Kansas 66251-2020, with a mandatory copy to: SprintlNextel Law <br />Department, Mailstop KSOPHTOIOI-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney. <br /> <br />3. General Terms and Conditions. <br /> <br />(a) All capitalized tenns used in this Amendment, unless otherwise dermed herein, will have the same meaning as the <br />tenns contained in the Agreement. <br /> <br />(b) In case of any inconsistencies between the tenns and conditious contained in the Agreement and the tenns and <br />conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth below, all provisions of the <br />Agreement are ratified and remain unchanged and in full force and effect. <br /> <br />(c) This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. <br /> <br />(d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into <br />and perfonn their respective obligations under this Amendment. <br /> <br />***SIGNA TURES ON FOLLOWING P AGE*** <br />