2005-05-25 CC Agenda - Laserfiche WebLink

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" Site #: AlNOO4 AMENDMENT TO SITE LEASE AGREEMENT TIllS AMENDMENT TO SITE LEASE AGREEMENT ("Amendment") is made and entered into effective as , 2005, by and between City of Centerville, Minnesota ("Landlord"), and VoiceStream Minneapolis, Inc., a Delaware corporation, fIkIa APT Minneapolis, Inc. ("Tenant"). Recitals The parties hereto recite, declare and agree as follows: A. Landlord and Tenant entered into a Site Lease Agreement dated August 29, 1996 (the "Lease") with respect to Leased Premises located at 1875 Fox Run, Centerville, Minnesota. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the Lease. B. Landlord has notified Tenant that Landlord intends to dismantle the Tower from the Property, and install a new water tower ("New Tank") on other property owned by Landlord and located at 7087 20th Avenue South, Centerville, Minnesota (the "Relocation Property"). C. Landlord and Tenant desire to enter into this Amendment in order to modifY and amend certain provisions of the Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: 1. At its sole cost and expense, Tenant shall remove its Antenna Facilities from the Property by December 31, 2005. 2. Once Landlord completes the installation of the New Tank on the Relocation Property, Tenant, at its sole cost and expense, shall have the right, but not the obligation, to install Antenna Facilities on the New Tank; provided, however, that before Tenant installs its Antenna Facilities on the New Tank, Landlord must approve Tenant's plans and construction drawings for such installation, and such approval will nOt be unreasonably withheld, conditioned or delayed; and provided, further, that Tenant shall be responsible for obtaining any governmental approvals necessary for the installation of its Antenna Facilities. 3. If necessary to maintain continuity of Tenant's wireless connnunications service while relocating its Antenna Facilities from the Property to the Relocation Property and New Tank, Tenant shall have the right to install and operate temporary communications facility, including a cell-on-wheels, on a mutually acceptable location on the Property or Relocation Property. 4. Once the Antenna Facilities are installed on the Relocated Property, the Relocated Property shall be deemed the Property and the New Tank shall be deemed the Tower for purposes of the Lease. 5. Tenant's notice addresses under Section 23 of the Lease are hereby changed to the following: