2006-10-25 CC Packet - Laserfiche WebLink

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Cell Site #: Cell Site Name: Address: AIN0003A 66733 Centerville 7087 20th Avenue South, Centerville, MN 55038 SECOND AMENDMENT TO SITE LEASE AGREEMENT THIS SECOND AMENDMENT TO SITE LEASE AGREEMENT (''Second Amendment") dated as of the Effective Date (as defmed below), by and between City of Centerville, Minnesota, with an office/residing at with an office/residing at 1880 Main Street, Centerville, MN 55038 (hereinafter referred to as "Landlord") and T-Mobile Central LLC, successor in interest to VoiceStream Minneapolis, Inc., a Delaware corporation, f/k/a APT Minneapolis, Inc. having an office at 12920 S.E. 38th Street, Bellevue, W A 98006 (hereinafter referred to as '7enant"). WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated August 29, 1996, and an Amendment to Site Lease Agreement dated July 29, 2005; whereby Landlord leased to Tenant certain Leased Premises, therein described, that are a portion of the Property located at 7087 20th Avenue South, Centerville, MN 55038 (collectively "Lease"); and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below; NOW THEREFORE, in consideration of the foregoing and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Term. The current term (whether such term is the initial term, a renewal term, a modified term or other name) will expire on December 31, 2011 (the 'Current Term"). After the Current Term and notwithstanding anything to the contrary in the Lease; a) Tenant shall have the right to renew the Lease for up to one (1) additional sixty (60) month periods (each a "Renewal Term"), and b) each Renewal Term shall automatically commence, on be same terms and conditions of the Lease, without further action by Tenant, unless Tenant provides Landlord with written notice ofits intention not to renew at least ninety (90) days prior to the end of the Current Term or of any Renewal Tenn. 2. Modification of Rent. Commencing on January 1, 2007 (''Revised Rent Start Date"), the Rent payable under the Lease shall be Fourteen Thousand Five Hundred and Seventy Four and 00/100 Dollars ($14,574.00) per year, and shall continue during the Current Term and any Renewal Terms, subject to a 3% adjustment commencing January 1,2008, and eachyear(s) thereafter. Rent for any partial month or year of the Current Term prior to the Revised Rent Start Date shall be prorated. 3. Modification of Tenant's Obligation to Pay - Rent Guarantee. For a 84 month period commencing January 1,2007 and ending December 31, 2014, Tenant's obligations to pay Rent pursuant to this Second Amendment will not be subject to offset or termination by Tenant (the "Rent Guamntee Period") except as provided for in Section 4 below. Page Iof3 \. \