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Second Amendment to <br /> Non-Exclusive Tower Attachment Lease Agreement <br /> This Second Amendment to Non-Exclusive Tower Attachment Lease Agreement <br /> ("Second Amendment") is executed this day of , 2014 by and <br /> between Elk River Municipal Utilities ("Lessor") and Sprint Spectrum Realty Company, L.P., a <br /> Delaware limited partnership ("Lessee"). <br /> WHEREAS, Lessor and Lessee's predecessor in interest, Sprint Spectrum L.P., entered <br /> into a Non-Exclusive Tower Attachment Lease Agreement on June 1, 2010, as amended by that <br /> certain First Amendment to Non-Exclusive Tower Attachment Lease Agreement (collectively, <br /> "Lease"); and <br /> WHEREAS, the Lease allows Lessee to install, maintain and operate a <br /> telecommunications facility on Lessor's property located at 17721 Johnson Street in the City of <br /> Elk River(the"Property"); and <br /> WHEREAS, Lessee has requested that the Lease be amended to allow Lessee, or its <br /> authorized agents, to make the following modifications to Lessee's existing telecommunications <br /> facility on the Property: <br /> • Replacement of existing equipment cabinets, antennas and other equipment, including <br /> cabling and mounting apparatus; <br /> • Installation of additional radio receiving and transmitting equipment adjacent to <br /> antennas at the top of the water tower; and <br /> WHEREAS, Lessor agrees to amend the Lease, subject to the terms and conditions of this <br /> First Amendment. <br /> NOW, THEREFORE, for and in consideration of the terms and mutual promises herein <br /> contained, and for other good and valuable consideration, the receipt and sufficiency of which <br /> are hereby acknowledged, Lessor and Lessee agree as follows: <br /> 1. Additional Attachments <br /> In addition to Lessees existing twelve (12) antennas/attachments at the top of the <br /> water tower, Lessee shall have the right to install up to Ft%t./ ( )) additional <br /> attachments ("Additional Attachments") as shown on the attached Amended Exhibit C. <br /> Lessee may also replace or add to its existing equipment within the water tower, but may <br /> not increase or expand its existing leased area within the water tower. <br /> 2. Additional Rent <br /> For each Additional Attachment at the top of the water tower, Lessee shall pay <br /> additional rent ("Additional Rent") equal to 8.33% of the Lease Payment amount on the <br /> date the Additional Attachment is placed on the water tower. Such Additional Rent shall <br /> commence upon the date such Additional Attachment is placed on the water tower, shall <br />