Canton, Massachusetts · Saved source text
Lease Agreement - ATT
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Source page 1
LEASE This Lease (the “Lease”) between the Town of Canton, Massachusetts, a municipal corporation of the Commonwealth of Massachusetts, having its principal office at 801 Washington Street, Canton, Massachusetts (hereinafter referred to as Lessor) and AT&T WIRELESS PCS, INC., by its agent, Wireless PCS, Inc., whose address is 15 East Midland Avenue, Paramus, New Jersey 07652 (hereinafter referred to as Lessee) is entered intoon September 8, , 1998. Lessor and Lessee for the considerations hereinafter named agree as follows: 1. Lessor hereby leases to Lessee for the purposes hereinafter described, that certain portions of a parcel of land located in the Town of Canton known as the Ponkapoag School, having a street address of 2438 Washington Street, Canton, shown as Lot 21 on Canton Board of Assessors Map 67, and consisting of 28,200 square feet, (hereinafter referred to as the Property), together with a right of way for ingress and egress seven days a week, twenty-four hours a day, on foot or motor vehicle including trucks, and for the installation and maintenance of utility wires cables conduits, and pipes over, under or along a twenty (20) foot wide right of way extending from the nearest public utility right of way to the demised premises, said Property and the right of way for access for utilities to be placed in a mutually agreeable location which shall become permanent upon the installation thereof. This Lease Agreement shall be for an initial term of ten (10) years, beginning on the date of issuance of a Building Permit for all of Lessee’s improvements (the “Building Permit”) and all other necessary permits and expiring ten (10) years from the date of the Building Permit. The annual rent during such term shall be as shown on Payment Schedule, Exhibit A attached hereto and made a part hereof except that Lessee shall also pay to Lessor a one-time up front payment of ninety- five thousand ($95,000.00) dollars thirty (30) days after the issuance of a Building Permit. All subsequent annual rent payments are due on July 1st of each lease year. While Lessee intends to make each payment due hereunder on or before its due date, if Lessee fails to make a payment within ten (10) days after its due date, Lessor will give Lessee written notice of such nonpayment and Lessee will immediately make such payment. No action may be maintained by Lessor against Lessee for such nonpayment unless Lessee has failed to make payment within ten (10) days after receipt of such written notice from Lessor. Lessee shall have the option to extend this Lease Agreement for one (1) additional five (5) year term. This option shall automatically be exercised by Lessee unless written notice that the Lease Agreement will not be extended is given to Lessor by Lessee at least six (6) months prior to the end of the then current term. GS3- 93619-5 9/8/98 11:55 AM we
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4. The annual rent payable for the initial ten-year term of this agreement shall be as set forth on Exhibit A. 5. If at the end of the extension term this Lease Agreement has not been terminated by either party having given to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Lease Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of each term. The monthly rent for any such period shall be computed by increasing the payment made for the previous year by five percent (5%). 6. Lessee is authorized to use this property for the purpose of constructing, maintaining and operating a mobile communications facility and uses incidental thereto. The use may consist of, at Lessor’s option exercised prior to the time of Lessee’s production of its plans, either (i) a portion of the Property sufficient in size to accommodate an equipment shelter for Lessee’s equipment (but no larger than twelve feet (12’) by twenty-eight feet (28°) as shown on Exhibit C attached hereto), or (ii) a portion of the basement of the existing building comprising, approximately three hundred and fifty (350) square feet together with a one hundred fifteen foot (115) monopole as shown on Exhibit B attached hereto, and all necessary connecting appurtenances as shown on Lessee’s approved plans and the Lessor has issued this Lease for those purposes only. All improvements shall be at Lessee’s expense and approved by Lessor in its reasonable discretion prior to the commencement of work by Lessee. Lessee will at all times maintain its leased premises in a reasonable condition. Lessor and Lessee acknowledge that there is currently a monitoring well installed on the Property which must be relocated in order to accommodate Lessee’s improvements. Lessor shall either remove or relocate (or have the installing party remove or relocate) said monitoring well, and if such monitoring well is relocated on the Property, it shall be relocated to a portion of the Property that is reasonably acceptable to Lessee. It is understood that Lessor must make available space on the Property to at least one other wireless communications carriers.; Any rent paid by any such additional wireless communications carriers pursuant to such subleases of the monopole shall be paid to Lessor. However, the Lessee may charge any reasonable costs (fee(s)) to offset the cost of the monopole, the equipment shelter, their erection, plan generation, survey costs and the like, but not the cost of Lessee’s communications equipment. All rent derived from approved subleases to such other wireless carriers shall be paid to Lessor. Lessor agrees that it shall advise any future tenants installing wireless communications equipment of this agreement and shall include in any future leases to any such wireless communications carriers a provision requiring such carriers to abide by its terms. GS3- 93619-5 9/8/98 11:55 AM
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Lessee agrees to provide to Lessor invoices and other documentation reasonably satisfactory to Lessor to determine all such costs associated with the installation of the monopole. 7. It is understood and agreed that Lessee’s ability to use the Property is contingent upon its obtaining either before or after the effective date of the Lease Agreement all of the certificates, permits, leases and other approvals that may be required by any federal, state and local authorities. Lessor shall cooperate with Lessee in its efforts to secure such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by Lessee. In the event that any of such applications should be rejected, or if any certificate, permit, lease or approval issued to Lessee is canceled, expires, lapses or is terminated by governmental authority so that Lessee will be unable to use the Property for its intended purposes, Lessee shall have the right to terminate this Lease Agreement. Notice of Lessee’s exercise of its right to terminate shall be given to Lessor in writing by certified mail, return receipt requested, and shall be effective sixty (60) days after receipt of such notice by Lessee (the termination date). All rent paid to said termination date shall be retained by Lessor. Upon such termination, this Lease Agreement shall become null and void and the parties shall have no further obligation, including the payment of money, to each other, except for Lessee’s obligation pursuant to Paragraph 12 hereof. 8. Lessee shall indemnify and hold Lessor harmless against any claim of liability or loss for personal injury or property damage resulting from or arising out of the use of the property by Lessee, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of Lessor, its servants or agents. Lessor shall be solely liable for the clean up and removal of hazardous waste and the restoration of the Property related to hazardous waste now or in the future existing on the Property except to the extent generated by Lessee’s operations. Lessor also agrees that upon its receipt of any testing results it shall promptly forward a copy of such test results to Lessee. Lessor will defend, indemnify and hold harmless Lessee from and against any and all liabilities, damages, losses, costs, assessments, penalties, fines, expenses and fees, including reasonable legal fees, related to hazardous waste now or in the future existing on the Property except to the extent generated by Lessee’s operations. This indemnity specifically includes costs, expenses and fees incurred by Tenant in connection with any investigation of Property conditions or cleanup, removal or restoration of the Property related to hazardous wastes required by any governmental authority. This indemnification shall survive termination of the lease. 9. Lessee shall, at Lessee’s expense, obtain and keep in force during the term of this Agreement, a policy of comprehensive public liability and property damage insurance, adding Lessor as additional named insured against any claim of liability arising out of Lessee’s use or occupancy of the premises. Such insurance GS3- 93619-5 9/8/98 11:55 AM
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10. 11. 12. shall further provide coverage in aggregate in the amount of $2,000,000.00 combined single limit per occurrence. Lessee shall provide Lessor with a certificate of insurance evidencing the above coverage prior to the execution of this Agreement. Lessee, may at any time, or may from time to time, at its option, remove any or all of its personal property and fixtures and restore the property to its original condition, reasonable wear and tear, damage by casualty and eminent domain excepted. The Lessee shall, at the expiration of this lease, unless otherwise directed by the Lessor, remove all of its personal property and fixtures and restore the property to its original condition, reasonable wear and tear damage by casualty and eminent domain excepted. Any damage to trees and shrubbery whether installed by the Lessor or otherwise shall be rectified by Lessee by replacement with trees or shrubs of equal or greater size by Lessee. If Lessor, at any time during the term of this Lease Agreement decides to subdivide, sell or change the status of the Property or its property contiguous thereto, Lessor shall immediately notify Lessee in writing. Any subdivision, sale or change, however, shall be subject and subordinate to the terms of this Lease Agreement and Lessee’s rights hereunder and any sale by Lessor of the portion of the property underlying the right of way and utility easement herein granted shall be subject and subordinate to the right of Lessee in and to such right of way and utility easement. Lessor covenants that Lessee, on paying the rent and performing the covenants contained herein, shall peaceably and quietly have, hold and enjoy the leased Property in conjunction with the Lessor and all other persons authorized by Lessor, without hindrance or ejectment by any party. Lessor warrants and covenants that Lessor is seized of good and sufficient title and interest to the Property and the property underlying the right of way and the utility easement, and has full authority to enter into and execute this Lease Agreement. Lessor further warrants and covenants that there are no other liens, judgments or impediments of title on the Property. Any breach of these warranties and covenants which preclude Lessee’s use of said Property for its intended purpose shall entitle Lessee to terminate this Lease Agreement and to receive a full refund of all prepaid rent. It is agreed and understood that this Lease Agreement contains all the agreements, promises and understandings between Lessor and Lessee and that no oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute controversy or proceeding at law, and any addition, variation or modification to this Lease Agreement. It is further understood, however, that the Request For Proposal issued by the Town of Canton to which the Lessee has voluntarily responded becomes part of the entire agreement GS3- 93619-5 NIOING E112 DRA
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between the parties. The minimum evaluation criteria set forth therein is a requirement of the Lessee. 15. This Lease Agreement and the performance thereunder shall be governed interpreted, construed and regulated by the laws of the Commonwealth of Massachusetts. 16. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): Lessee: 15 East Midland Avenue Paramus, NJ 07652 Attn: Vice President of Engineering with a copy to: 15 East Midland Avenue Paramus, NJ 07652 Attn: Legal Department Lessor: Town of Canton Memorial Hall 801 Washington Street Canton, Massachusetts 02021 Attn: Board of Selectmen/Town Counsel All such notices shall be effective upon receipt or refusal of delivery. 17. This Lease Agreement shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. 18. Lessor agrees to execute a Notice of Lease to be prepared by Lessee, if requested by Lessee, which Notice or this Lease Agreement may be recorded by Lessee at its expense. Said Notice of Lease shall be subject to the review and approval of the Board of Selectmen of the Town of Canton. 19. Lessee, in fulfillment of its agreement contained herein, will have a separate power meter installed. The invoice from the power company will be sent directly to the Lessee for payment, the amount of which is not to be deducted from any use fees to the Lessor. All property and other taxes due to the Town of Canton for equipment and other property belonging to the Lessee shall be promptly paid by the Lessee to the Town of Canton when due. GS3- 93619-5 9/8/98 11:55 AM
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20. Lessor must approve all plans prior to filling and construction. Such approval shall not be unreasonably withheld or delayed. 21. Lessee shall install or have installed, communications equipment of the type and frequency which will not cause measurable interference, as defined by the F.C.C., to the currently leased and operating communications equipment of the Lessor, other current tenants on Lessor’s property or neighboring landowners. In the event Lessee’s equipment causes such interference, Lessee will take all reasonable steps necessary to correct and eliminate the interference. Lessor agrees not to permit the subsequent installation of communications equipment on its property, or the Premises which would cause measurable interference as defined by the F.C.C., to Lessee’s operation hereunder. If such interference caused by or to Lessee’s installations cannot be eliminated within thirty (30) days, then Lessee shall have the right to terminate this Lease by written notice to Lessor, and upon the giving of such notice this Lease shall terminate without further recourse to either party. 22. a. Lessee’s property shall include all of Lessee’s personal property, equipment, trade fixtures, business equipment, machinery and all installations made by Lessee which are used by or placed upon the Property by Lessee, whether such property is owned or leased by Lessee and whether or not such property may be considered fixtures under applicable law. For the purposes of this provision and (iii) of d., below, trees, shrubs, bushes and other landscape items shall not be construed to be included in such exception. b. The subordination of this Lease Agreement by Lessor to the lien of any mortgage or ground Lease or other lien whether pursuant to this Lease Agreement or by separate instrument shall not subject Lessee’s property to the lien of any such mortgage, lien or lease; and if this Lease Agreement requires the consent of any mortgagee of Lessor such consent shall specifically (i) recognize (without the necessity of executing any further documents), the Lessee’s interest in the property; (ii) disclaim all interest in or liens on Lessee’s property; (iii) recognize Lessee’s right to remove Lessee’s property from the Property. c. Lessor hereby agrees to indemnify and hold harmless Lessee from any or all claims, and/or liabilities, including reasonable attorney’s fees which a third party may have or assert against Lessee’s property, resulting or arising from any act of or claim against the Lessor. d. Lessor, at the request of the Lessee, shall provide Lessee with a certificate stating (i) whether Lessor has any claim against Lessee and if so, stating the nature of such claims; (ii) that Lessor recognized Lessee’s rights to -6- GS3- 93619-5 9/8/98 11:55 AM
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23. 24. 25. 27. Lessee’s property; (ili) that the Lessee has the right to remove Lessee’s property from the Property notwithstanding that the property may be a fixture under local law, and (iv) that Lessor has no interest in and disclaims any interest to Lessee’s property. Any claims relating to the condition of the Property, including, but not limited to Lessee’s obligation, if any, to maintain or repair the Property or to make improvement or alterations or to remove or restore such items, must be presented in writing by Lessor to Lessee within sixty (60) days (which time is of the essence) after expiration or termination of the Lease Agreement or such claims shall be irrevocably waived. Lessee may assign this Agreement without Lessor’s consent to affiliated entities including but not limited to partnerships in which Lessee or affiliates have an interest, as well as to entities which succeed in whole or part to the assets or business of Lessee. If Lessee fails to pay rent hereunder, the provisions of paragraph 3 above shall control. If Lessee fails to comply with any of the other provisions of this Lease Agreement or to perform any of its obligations hereunder, Lessor shall give Lessee written notice of such breach or nonpayment of use fee, and Lessee shall have ten (10) days after receipt of such written notice from Lessor to cure such default or if curing such breach cannot reasonably be accomplished within such thirty (30) day period, provided Lessee commences such cure within such thirty (30) day period and diligently prosecutes same to completion, Lessee shall have a reasonable period of time within which to effect such cure. No action may be maintained by Lessor against Lessee for such breach unless Lessee has failed to cure same within such period. The exchange or offering of any gift item, personal service, entertainment or unusual hospitality by either party of this Lease Agreement to the other (party) is expressly prohibited. This prohibition is equally applicable to either party’s offices, employees, agents or immediate family members. Any violation of this provision constitutes cause for immediate cancellation of this Lease Agreement. GS3- 93619-5 9/8/98 11:55 AM
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IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: TOWN OF CANTON ( By its Board of Selectmen Michael Curran, Town Counsel Avril T. Elkort, Chairman LESSEE: AT&T WIRELESS PCS, INC., by its agent WIRELESS PCS, INC. by: Aeodne? Sam J/Zimons WITNESS: TITLE: System Implementation Manager GS3- 93619-5 9/8/98 11:55 AM
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Zoo Town of Canton NU 4b oP JJ :11 FAX 7818912935 KD OL (OSA Lz 08/31/98 MON 14:11 ark JUULSIUN & OLUK AU GO ryyd Je J9 ™ OF "38d TWLOL ww sweescosme 88:11 86. og ony EXHIBIT “ar 7 Axnual Payment Schedule £ar (initial 1 Annual Payment Cumulative Total q, 1999 335,000.00 $130,000.00 2. 2000 $35,000.00 $165,000, 00 3. 209) 335,000.c0 $200,000, 00 4. 2002 : 535,000.00 $235,000.00 5, 2003 335,000.00 $270,000.00 6, 2004 $36,750.00 5306,750,00 7. 2005 538,857.50 $345,337.50 §. 2006 540,516,38 $385,854 38 9. 2007 542,542.72 . $428,397.09. 10. 2008 544,669.95 $473,066.95 Renewable 3 you teany 7 7~~-~~-~~-—oTeeiia om 2009 546,903.35 5519,970.30 12. 2010 $49,242.51 3569,219.9) 13. 201] $51,710.94 $620,929.75 14, 2012 354,269.49 $675,226.24 15, 2013 357,017 3! $732,237.55 Up Front. Non Refundable Payment (Due won Didlding Perms; issuance) 5 95,000.00 Aral Rent Due Date ~ duly 33t orualty ‘ Me TTOy Fale ta teny TRA A mee we eee, ar-et'g etipbesatste oy S3tnwas ssanguim Sais Ua SE:tT 96. og ony s PAGE.15 QUG @6 ‘98 1S:a9 ane Aim 94 Fam 4
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Exhibit B TOP OF PROPOSED FLAGPOLE = NS AL |) CENTER OF PROPOSED AT&T ANTENNAS =U AL CENTER OF PROPOSED AT&T ANTENNAS = 105° AL PROPOSED AT&T ANTENNAS INSIOE PROPOSED BULDING ADOITION AND ATAT EQUPMENT ROOM SS REMOVE AND REPLACE EXISTING FRONT DOORS AND INTERIOR BATHROOM DOORS. DOORS SHALL MEN ES CURRENT AD.A. CODE REQUREMENTS. AT&T WIRELESS SERVICES 400 BLUE HILL DRIVE, SUITE 100 ‘WESTWOOD, a, 02090 £@° 39d £8:60 86. 8e One
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28:68 66. 82 9M¥ 28° 390d ONY SHOO0 LNOdd ONUSO POWER ONY HOMGY eet 31nd’ OD WQIYXA
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LEASE EXTENSION TERM SHEET To: Bill Friel From: ~ Christi Clifford, Lease Consultant Subject: WS-38502 Date May 6, 2008 At the terms and conditions set-forth herewith, Cingular Wireless would consider extending its wireless communications facility lease agreement for the site located at 2438 Washington Street, Canton, Massachusetts N/A. This proposal will expire at the close of business 5 days from the date of this letter.. Current Lease Term(s) ‘ A. Current Base Rent $2127.13 B. Current Rent Frequency Monthly Cc. Current Escalation 5.00 D. Current Escalation Frequency Annually New Term A. New Initial Term (mo) 60 B. Number of Renewal Terms 5 Cc. Additional Term Length (mo) 60 New Rent A. New Base Rent $1,544.00 B. New Rent Frequency Monthly Cc. New Escalations 12.50% D. New Escalation Frequency Term New Termination & Guarantee A. New Termination Notice (days) 180 Other A Please verify or write in the correct legal ownership for this Site. Is this correct? Yes / No Town of Canton, Massachusetts. Please verify or write in the correct physical address for this Site. Is this correct? Yes / No B. 2438 Washington Street, Canton, Massachusetts N/A C. Please verify or write in the correct address for notice and correspondence. Is this correct? Yes / No 2438 Washington Street, Canton, Massachusetts D. Effective date of New Amendment November 1, 2009. Tenant Initial: Landlord Initial: **This proposal is not a binding commitment and is subject to review and approval of documentation by all parties and will expire at the close of business 5 days from the date of this letter. Participation in this program is not required and Cingular will continue to abide by the terms of your original Lease Agreement, including exercising termination rights where they exist. Vi
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Cell Site No: [[Site IDJ}/[[Site Name]]_[[FOCUS ID]]
FA No: [[FA No.]]
Site Address: [[Site Address 1], [[Site Address 2], [[Site City], [[Site State]] [[Site ZIP]}
[[NUMBER]] AMENDMENT TO LEASE AGREEMENT
THIS [[INUMBER]] AMENDMENT TO LEASE AGREEMENT (“Amendment”) dated as of the later
date below is by and between [[Landlord Vesting]], having a mailing address at [[Landlord Address]
(hereinafter referred to as “Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability
company having a mailing address at 6100 Atlantic Boulevard, Norcross, GA 30071 (hereinafter referred to as
“Tenant”).
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated [[Lease Execution
. Date]];whereby Landlord leased to Tenant certain Premises, therem described, that are a portion of the Property
located at [[Site Address 1], [[Site Address 2]], [[Site City]}, [[Site State]] [[Site ZIP] ("Agreement"); and
WHEREAS, Landlord and Tenant desire to extend the term of the Agreement; and.
WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Rent payable under the
Agreement; and
: WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenant’s obligations to pay
Rent to Landlord for a Rent Guarantee Period; and
WHEREAS, Landlord and Tenant, in their mutual interest, further wish to amend the Agreement as set
forth below.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
‘receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. Term. The Term of the Agreement shall be.amended to provide that the Agreement has anew
initial term of {[New Initial Term] months (“New Initial Term”), commencing on [[New Term Commencement
Datel]. The Term will be automatically renewed for up to [[Number of Renewal Texm]] additional [[Length of
Renewal Term]] month terms (each an “Extension Term”) without further action by Tenant. Hereafter, the
defined term “Term” shall include the New Initial Term a and. fany applicable Extension Term.
2 Termination. in addition to any rights that may exist in the Agreement, after the Rent.
Guarantee Period, as defined below, Tenant may terminate the Agreement at any time with [[Termination
Notice Period]] days prior written notice to Landlord for any or no reason.
3. Modification of Rent. Commencing on [[New Rent Commencement Date]], the Rent payable
under the Agreement shall be $[[New Base. Rent]] per month/year, and shall continue during the Term, subject
to adjustment, if any, as provided below.
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Cell Site No: [[Site ID]}/[[Site Name]]_[[FOCUS ID]
FANs: [[FA No.]] .
Site Address: [[Site Address 1]], [[Site Address 2}], [[Site City], [[Site State]] [[Site ZIP]]
4, Modification of Tenant’s Obligation to Pay —- Rent Guarantee. Notwithstanding Tenant’s
obligations to pay Rent set forth under the Agreement, for a [[Rent Guarantee Period]] month period
commencing {[Rent Guarantee Commencement Date]] and ending [[Rent Guarantee End Date] (‘Rent
Guarantee Period”), Tenant’s obligation to pay Rent is guaranteed and such obligation will not be subject to
offset or cancellation by Tenant. Notwithstanding the foregoing, if Landlord exercises any of Landlord’s rights
| to terminate the Agreement, if any, Tenant will be released from any and all of its obligations to pay Rent
during the Rent Guarantee Period as of the effective date of the termination. In addition, Tenant shall be
released from any and all of its obligations to pay Rent during the Rent Guarantee Period if any of the following
shall occur: (a) Landlord is in breach of the Agreement, including but not limited to any default under the terms
of the Agreement beyond any applicable grace and cure period; (b) there is a foreclosure of the Property; (c) the
Landlord shall require Tenant to relocate Tenant’s equipment and facilities to a location that is not acceptable to
Tenant in its reasonable business judgment if allowed for in the Agreement, (d) any existing government
permits and/or approvals cannot be obtained or maintained, at no fault of the Tenant or (e) Tenant terminates
the Agreement pursuant to the terms of the Expansion of Permitted Use section as modified below. If this
Agreement is further modified in the future with an obligation for Tenant to pay additional Rent, the payment of
Rent guarantee established in this paragraph will not be diminished or limited, but such Rent guarantee will not
extend to that future additional Rent obligation. :
5. Future Rent Payments. The Agreement is amended to provide that commencing on
[[xxxxxxx]], Rent shall be fixed during the Initial Term and all Extension Term(s).
Future Rent Increase / Monthly Payments. The Agreement is amended to provide that commencing on
[[New Escalator Commencement Date]], Rent shall increase by xxx percent (xxx%) over the Rent paid during
the previous year.
Future Rent Increase / Annual Payments. The Agreement is amended to provide that commencing on [[New
Escalator Commencement Date]], Rent shall increase by xxx percent (xxx%) over the Rent paid during the
previous year.
Future Rent Increase / Extension Term Increase. The Agreement is amended to provide that commencing
on [[New Escalator Commencement Date]], Rent shall increase by xxx percent (xxx%) and at the beginning of —
each Extension Term, as applicable.
6. Expansion.of Permitted Use. In addition to the rights set forth in the Agreement Tenant may
modify, supplement, replace, upgrade, expand or refurbish its Communications Facility, increase the number of
antennas thereon or relocate the Communications Facility within the leased Premises at any time during the
term of this Agreement, and Landlord shall cooperate with Tenant in all respects in connection with the
foregoing. If Landlord does not comply with the terms of this section, in addition to any other rights it may
have at law, Tenant may terminate this Agreement and shall have no further liability to Landlord.
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Cell Site No: [[Site ID]]/[[Site Name]]_[[FOCUS ID]] FA No: IDFA No.]] Site Address: [[Site Address 1]], [[Site Address 2]], [[Site City]}, [[Site State]] [[Site ZIP] 7. Acknowledgement. Landlord acknowledges that: 1) this Amendment is entered into of the Landlord’s free will and volition; 2) Landlord has read and understands this Amendment and the underlying Agreement and, prior to execution of the Amendment, was free to consult with counsel of its choosing regarding Landlord’s decision to enter into this Amendment and to have counsel review the terms and conditions of the Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non- renewal provision therein, would remain in full force and effect. : 8. Notices. Section [[Notice Section]] of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will ‘be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or retumed undelivered. Notices will be addressed to the parties as follows. As to Tenant, New Cingular Wireless PCS, LLC, c/o Network Real Estate Administration, Cell Site # [[Cell Site #]], Cell Site Name [[Cell Site Name], 6100 Atlantic Boulevard, Norcross, GA 30071, with a copy to New Cingular Wireless PCS, LLC, Atin.: Legal Department, Re: Cell Site # [[Cell Site #]] , Cell Site Name [[Cell Site Name]], [[Tenant Copy to Notice Address]; and as to Landlord, [Landlord Notice Address]]. Either party hereto may change the Place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 9. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 10. Capitalized Terms. Al capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. ‘ [NO MORE TEXT ON THIS PAGE — SIGNATURES TO FOLLOW ON NEXT Master Template v.17_BDW Deal v.1