11-26-07 Item 8A, PC 07-024 1230 Red Fox Road CUP

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Site Name: ARDEN IDLLS WT - RED ROX RD. Site ID #: MSI4XC859 AMENDMENT NO. I TO PCS SITE AGREEMENT This Amendment No. I to PCS Site Agreement ("Amendment")... effective as of the date last signed below ("Effective Date"), amends a certain PCS Site Agreement between Sprint Spectnnn L.P. ("SSLP") and The City of Arden Hills ("Owner"), dated February, 29, 2000 (the "PCS Site Agreement"). BACKGROUND and WHEREAS, Owner and SSLP entered into the PCS Site Agreement for the use of a certain portion of the Land and Tower; WHEREAS, SSLP desires to modify its installation on the Site by replacing and relocating its antennas as more particularly described in Exhibit A-3 annexed hereto. AGREEMENT In consideration of the mutual promises between the parties and for other good and valuable consideration the receipt and sufficiency of which is acknowledged, Owner and SSLP agree as follows: 1. Modification to the Facilities. The Lease is hereby amended to permit SSLP to install two (2) new antennas on the tower at a height of 154 feet as more particularly described in the attached Exhibit A-3. SSLP shall vacate and remove four (4) of its antennas and equipment currently installed at the 100 foot level and four (4) of its antennas and equipment currently installed at the 60 foot level on the tower. There will be no change to SSLP's two (2) antennas and equipment currently installed at the 80 foot level on the tower. SSLP will have a fmal configuration of two (2) antennas installed at the 154 foot level, two (2) antennas installed at the 80 foot level on the tower, and two (2) supports for antennas at the 80 foot level. Exhibit A-2 of the PCS Site Agreement is herby deleted and replaced with Exhibit A-3, a copy of which is attached and made a part hereof. Upon full execution of this Amendment, Tenant is pennitted to do all work necessary to prepare, maintain and alter the Site to install, modify or otherwise relocate the Facilities, all as more fully described and contemplated in Exhibit A-3. 2. Modification to Rent. In consideration for the modifications contemplated by this Amendment, effective upon the first day of the month following conunencement of construction or installation of the new, relocated or modified Facilities, the monthly Rent will be increased by Three HlUldred Fifty and nollOO Dollars ($350.00) to a total montWy rent of One Thousand Five HlUldred and no/IOO Dollars ($1,500.00). 3.. All notices must be in writing and are effective only when deposited in the U.s. mail, return receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: Sprin1lNextel Property Services, Mailstop KSOPHTOIOI-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, with a mandatory copy to: Sprin1lNextel Law Department, Mailstop KSOPHTOIOI-Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate Attorney. 4. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defmed herein, will have the same meaning as the terms contained in the Agreement. (b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment, the terms and conditions herein will control. Except as set forth below, all provisions of the Agreement are ratified and remain lUlchanged and in full force and effect.