2.6. ERMUSR 11-13-2012 - Laserfiche WebLink

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First Amendment to Non-Exclusive Tower Attachment Lease Agreement This First Amendment to Non-Exclusive Tower Attachment Lease Agreement ("First Amendment") is executed this day of , 2012 by and between Elk River Municipal Utilities ("Lessor") and Sprint Spectrum Realty Company, LP, a Delaware limited partnership ("Lessee"). WHEREAS, Lessor and Lessee's predecessor and interest, Sprint Spectrum LP, entered into a Non-Exclusive Tower Attachment Lease Agreement ("Lease") on June 1, 2010; and WHEREAS, the Lease allows Lessee to install, maintain and operate a telecommunications facility on Lessor's property located at 19533 Auburn Street NW, in the City of Elk River(the Property); and WHEREAS, Lessee has requested that the Lease be amended to allow Lessee, or its authorized agents, to make the following modifications to Lessee's existing telecommunications facility on the Property: • Install two new equipment cabinets; • Relocate three existing antennas; • Install three new antennas; and • Remove existing equipment cabinets and certain antennas. WHEREAS, Lessor agrees to amend the Lease, subject to the terms and conditions of this First Amendment. NOW THEREFORE, for and in consideration of the terms and mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. New Exhibit C a) The Lease is hereby amended to substitute the attached "Amended Exhibit C" in place of the existing Exhibit C to the Lease. b) Amended Exhibit C contains the following: • Identifies the size and proposed location for the two new equipment cabinets, including temporary and permanent locations if the new cabinets will be moved once the existing cabinets are removed; • Identifies the size, type and proposed location of the three new antennas;