SECOND AMENDMENT TO AGREEMENT FOR THE LEASE OF CITY OF LAWRENCE, KANSAS PROPERTY

THIS AMENDMENT TO LEASE AGREEMENT (‘Amendment”) is made this ____ day of ____, 2008 by and between the City of Lawrence, Kansas, a municipal corporation (‘City”) and New Cingular Wireless PCS LLC d/b/a AT&T Mobility (‘Tenant”)

Witnesseth:

WHEREAS, City and Tenant are parties to that certain agreement dated August 10, 1998 and amended on September 7, 2004 (the “Lease”), the terms of which are incorporated herein by reference, whereby Tenant leases from City certain space on real property commonly known as 6^th & Kasold Water Tower (the “Leased Property”), which more particularly described in the Lease, upon which Tenant owns, operates and maintains a telecommunication facility; and

WHEREAS, the parties agree to modify certain terms and conditions of the Lease as provided herein.

NOW THEREFORE, for and in consideration of the agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the undersigned, agreeing to be legally bound, covenant and agree as follows:

1. Amended Lease Terms.  Incorporated herein are certain supplemental Lease terms which are more fully set forth in the Rider(s) A and B attached to and forming a part of this Amendment.  Except as may be expressly modified by Rider(s), the terms and conditions contained in the Lease shall remain unchanged and shall be deemed to continue in full force and effect for so long as the Lease is in effect.

2. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Lease. 

3. Control. If there is any inconsistency in the between the terms of the Lease and the terms of the Amendment, the terms of this Amendment shall control. 

4. Counterparts. This amendment may be executed in two or more counterparts, all of which shall be considered as one document. 

5. Authority.  The individual or individuals that execute this Amendment represent and warrant that he/she/they have full authority to do so.

IN WITNESS WHEREOF, the undersigned have executed this Amendment the day and year first above written. 

CITY OF LAWRENCE, KANSAS

By:

David L. Corliss, City Manager

Date:

City Hall

P.O. Box 708

Lawrence, Kansas 66044

TENANT:  NEW CINGULAR WIRELESS PCS, LLC  

By:

Name:

Its:

Date:

Rider(s) Attached: A and B

TENANT ACKNOWLEDGMENT

STATE OF                                           )

                                                            ) ss:

COUNTY OF                                       )

On the _____ day of _______, 200_, before me personally appeared ___________________, and acknowledged under oath that he is the __________________________ of _____________________________, the___________________________ named in the attached instrument, and as such was authorized to execute this instrument on behalf of the __________________________.

                        Notary Public: 

                        My Commission Expires: 

CITY ACKNOWLEDGMENT

STATE OF KANSAS                           )

                                                            ) ss:

COUNTY OF DOUGLAS                    )

            I CERTIFY that on ______________ _____, 2008, David L. Corliss personally came before me and acknowledged under oath that he:

            (a)        is the City Manager of the City of Lawrence, Kansas, the City named in the attached instrument,

            (b)        was authorized to execute this instrument on behalf of the City and

            (c)        executed the instrument as the act of the City.

                        Notary Public: 

                        My Commission Expires: