5.5. ERMUSR 09-10-2013 - 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 , 2013 by and between Elk River Municipal Utilities ("Lessor") and Sprint Spectrum Realty Company, L.P., a Delaware limited partnership ("Lessee"). WHEREAS, Lessor and Lessee's predecessor in interest, Sprint Spectrum L.P., 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 18586 Gary Street 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: • Replacement of existing equipment cabinets, antennas and other equipment, including cabling and mounting apparatus; • Installation of additional radio receiving and transmitting equipment adjacent to antennas at the top of the water tower; and 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. Allowed Attachments The Lease is interpreted to allow up to twelve (12) antennas, or other attachments similar in size to the approved antennas, at the top of the Water Tower. No more than twelve (12) antennas or other attachments are allowed by the Lease. Placement of more than twelve (12) antennas or other attachments on the Water Tower will require an amendment of the Lease and the payment of additional rent. 2. New Exhibit C The Lease is hereby amended to substitute the attached "Amended Exhibit C" in place of the existing Exhibit C to the Lease. No new equipment shall be brought to the Property or installed until Amended Exhibit C, attached to this First Amendment, is approved in writing by Lessor. All of Lessee's equipment, new and existing, shall at all times be located entirely within the leased area identified in the Lease.