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Lease Amendment - Verizon Wireless (PDF)

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D UVAL  aA  KLASNICK  ] nt 2 C               Our Expertise. YouR FuTuRgE. SUCCEEDING Toceruer®

COL NSELORS AT LAS
Daniel D. Klasnick

Padvensed in Masscechusetts and Now bLanipslere
dklasnicka duyal-law.com

May 1, 2008

William T. Friel, Town Administrator
Town of Canton

Memorial Hall

801 Washington Street

Canton, Massachusetts 02021

Re: Verizon Wireless First Amendment to License Agreement (2438 Washington Street,
Canton)

Dear Mr. Friel:

Enclosed for your file, please find one (1) fully executed original of the First Amendment
to License Agreement for the referenced premises.

Thank you.
Very truly yours,
Duval & Klasnick LLC
By: — Daniel D. Klasnick
Attorney at Law
enclosure
ce:      Daniel Fitzpatrick (w/enclosure)

Melinda Petit (w/enclosure)
File (w/enclosure)

WOBURN, MA * CONCORD,NH * DENVER,CO * CHICAGO, IL

BOS—Canton 2
FIRST AMENDMENT TO LICENSE AGREEMENT

This First Amendment to License Agreement (“Amendment”) made this 1g day
of              my |           , 2008 by and between the Town of Canton, Massachusetts,
a municipal corporation of the Commonwealth of Massachusetts, having its principal
office located at 801 Washington Street, Canton, Massachusetts 02021 (“Licensor”), and
Bell Atlantic Mobile of Massachusetts Corporation, Ltd., d/b/a Verizon Wireless, with its
principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
Jersey 07920 (“Licensee”). At times, Licensor and Licensee may be referred to
collectively as “the Parties.”

WITNESSETH

WHEREAS, Licensor entered into that certain License Agreement
(“Agreement”), dated September 22, 1992, with New York Cellular Geographic Service
Area, Inc. (‘“NYCGSA”), a Delaware corporation with its principal offices located at
2000 Corporate Drive, Orangeburg, New York 10962, whereby Licensor licensed to
NYCGSA a portion of that certain parcel of land located in the Town of Canton known as
the Ponkapoag Lot, said parcel having a street address of 2438 Washington Street, as
shown as Lot 21 on the Canton Board of Assessors’ Map 67 (“Property”), for the purpose
of constructing and operating a mobile communications facility, including the right to
install a ground-mounted equipment building, together with rights of ingress and egress
along a 20-foot-wide right of way, together with the right to install utility wires, cables,
conduits and pipes over, under and along said right of way; and

WHEREAS, pursuant to a series of mergers and acquisitions, Bell Atlantic
Mobile of Massachusetts Corporation, Ltd., is successor-in-interest to NYCGSA, and by
virtue thereof, is Licensee under the Agreement; and

WHEREAS, the Agreement expired by its terms on July 31, 2007 and Licensee
is holding over under the Agreement; and

WHEREAS, the Parties desire to extend the Agreement.

NOW, THEREFORE, in exchange for the promises hereinafter made, and for
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

1. Paragraph 4 of the Agreement is hereby amended as follows:

In addition to the two (2) renewal terms provided for in the Agreement, this
Agreement shall further automatically extend for three (3) additional, consecutive
terms of five (5) years each unless Licensee terminates the Agreement at the end
of the then-current term by giving the Licensor written notice of its intention to so
terminate at least six (6) months prior to the end of the then-current term.

BOS—Canton 2

. The second (2) sentence of Paragraph 5 of the Agreement is hereby deleted in its
entirety and is replaced with the following:

The annual use fee for each succeeding year of any extension of the original term
shall be as set forth in Exhibit “B” attached hereto.

. Paragraph 6 of the Agreement is hereby deleted in its entirety and is replaced with
the following:

If at the end of the fifth (5") extension term this License Agreement has not been
terminated by either party having given to the other written notice of an intention to
terminate at least six (6) months prior to the end of such term, this License
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 annual use fee for any such
one (1) year period shail be one hundred four percent (104%) of the annuai use fee
payable during the immediately preceding year.

. Paragraph 18 of the Agreement is hereby amended such that notices to Licensee
shall be sent to the following address:

Licensee:       Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention:        Network Real Estate

. Exhibit B-1 attached hereto and made a part hereof is hereby affixed to the
Agreement and made a part thereof.

. Except as modified herein, all other terms and conditions of the Agreement are
hereby ratified and reaffirmed and shall remain in full force and effect. In the
event of any conflict between the Agreement and the provisions of this
Amendment, the provisions of this Amendment shall prevail and shall supersede
conflicting terms and conditions in the Agreement, if any.

Remainder of Page is Blank; Signatures Follow on Next Page

BOS—Canton 2

IN WITNESS WHEREOF, Licensor and Licensee have set their hands and
affixed their respective seals the date and year first above written.

Licensor:

Licensee:

By:

Victor D. De] Vecchio
Vice Chair

By:
Avril T. Elkhort
Date:           252 0K

By:       Co 4
Gerald A, Salvatorif Je
Date:      de, hb ty

Bell Atlantic Mobile of Massachusetts Corporation,
Ltd.,          erizon Wireless

By” David R. Heverling

Vicefre: <4 Area
Date:            (

Year

2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021

EXHIBIT B-1

ANNUAL PAYMENT SCHEDULE

Annual Payment

$31,957.36
$33,235.65
$34,565.08
$35,947.68
$37,382.59
$38,881.01
$40,436.26
$42,053.71
$43,735.85
$45,485.29
$47,304.70
$49,196.89
$51,164.76
$53,211.35
$55,339.81]

BOS~—Canton 2

Cumulative Total

$383,515.20
$416,750.85
$451,315.93
$487,263.62
$524,649.21
$563,530.22
$603,996.48
$646,020.19
$689,756.04
$735,241.33
$782,546.03
$831,742.91
$882,907.68
$936,119.03
$991,458.84