CITY OF LAWRENCE, KANSAS PROPERTY
THIS SECOND AMENDMENT TO AGREEMENT TO LEASE OF CITY OF LAWRENCE, KANSAS PROPERTY (“Second Amendment”) is made and entered into on ______ ___, 2011 (the “Second Amendment Effective Date”), by and between City of Lawrence, Kansas, a Municipal Corporation (“City”), and T-Mobile Central LLC, a Delaware limited liability company (as successor in interest to VoiceStream Kansas City, Inc., f/k/a APT Kansas City, Inc. (“Tenant”).
The parties hereto recite, declare and agree as follows:
A. City and Tenant entered into a Agreement for the Lease of City of Lawrence, Kansas property dated June 13, 1997, as amended by First Amendment to Agreement to Lease of City of Lawrence, Kansas Property dated May 9, 2006 (collectively, the “Agreement”), the terms of which are incorporated herein by reference, whereby Tenant leases from City Property located at 1815 Stratford Road, Lawrence, Kansas, and commonly known as the Stratford Water Tower, which is more particularly described in the Agreement, upon which Tenant owns, operates and maintains a telecommunications facility.
B. City and Tenant desire to enter into this Amendment in order to modify and amend certain provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Tenant covenant and agree as follows:
1. Amended Agreement Terms. Incorporated herein are certain supplemental Agreement terms which are more fully set forth in the Riders A, B and C attached to and forming a part of this Second Amendment. Except as may be expressly modified by Riders, the terms and conditions contained in the Agreement shall remain unchanged and shall be deemed to continue in full force and effect for so long as the Agreement is in effect.
2. Except as specifically set forth herein, this Second Amendment shall in no way modify, alter or amend the remaining terms and conditions of the Agreement, all of which are hereby ratified and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of this Second Amendment and the terms and conditions of the Agreement, the terms and conditions of this Second Amendment will govern and control.
3. Capitalized terms used in this Second Amendment have the same meanings ascribed thereto in the Agreement.
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.
6. Severability. If any term of this Agreement is found to be void or invalid, such severability shall not affect the remaining terms of this Agreement, which shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day and year first written above.
City of Lawrence, Kansas, T-MOBILE CENTRAL LLC,
a Municipal corporation a Delaware limited liability company
By:___________________________________ By:________________________________
Name:_________________________________ Name: Hossein Sepehr
Title:__________________________________ Title: Area Director, Engineering and Operations
Date:__________________________________ Date:________________________________
Rider(s)
Attached: A, B and C
Rider A: Increase in Term
The term of this Agreement shall be and is hereby extended for an additional five (5) years, from January 1, 2012 through December 31, 2016 (the “Extended Term”). Thereafter, Tenant may further extend the term of this Agreement for two (2) additional and successive five-year terms (each, a “Renewal Term”), and this Agreement will automatically renew for each successive Renewal Term unless Tenant notifies City in writing of Tenant’s intention not to renew at least one hundred twenty (120) before the commencement of either Renewal Term.
Rider B: Increase in Rent
During the Extended Term, Tenant shall pay City rent in the amount of $1,925.00per month.
If Tenant extends the term of the Agreement for the first Renewal Term, Tenant shall pay City rent in the amount of $2,214.00 per month during the first Renewal Term.
If Tenant extends the term of the Agreement for the second Renewal Term, Tenant shall pay City rent in the amount of $2,546.00 per month during the Second Renewal Term.
Rider C: Amended Notice Provisions
Section 16 entitled “Miscellaneous” on page 7 of the Agreement for the Lease of City of Lawrence, Kansas Property is modified by amending the notice requirements in subsection (h) and subsection (h) shall read as follows:
h. 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 returned undelivered. Notices will be addressed to the parties as follows.
If to Tenant: T-Mobile Central LLC, a Delaware limited liability company
By:
Attn:
Re: Cell Site #, Cell Site Name:,
With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal Department: T-Mobile Central LLC
Attn:
Re:,
If to City: City Manager
City of Lawrence, Kansas
6 East 6th Street
P.O. Box 768
Lawrence, Kansas 66044
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.