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Home My WebLink AboutT-Mobile/IS/Cell Tower LEase FIRST LEASE AMENDMENT THIS FIRST LEASE AMENDMENT (this "Amendment") is made and entered as of /0 -I4' , 2013, between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Landlord") and T-Mobile Central LLC, as successor-in-interest to Omnipoint Communications Midwest Operations LLC ("Tenant"). Recitals of Fact and Purpose: A. Landlord and Tenant executed a Lease dated as of April 19, 2000 (the "Lease"), pursuant to which Landlord leased to Tenant certain premises consisting of approximately one hundred (100) square feet of ground space on the Land as well as space on the Tower at the height of 220 feet above ground level, all as more particularly described in the Lease (the "Premises"). B. The parties desire to amend the Lease to reflect additional equipment that the Tenant plans to install at the Premises and certain other changes in the terms of the Lease. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Capitalized Terms. Capitalized terms used but not specifically defined in this Amendment shall have the meanings ascribed to them in the Lease, unless a different meaning is clearly required by the context hereof. 2. Additional Improvements. Tenant will install certain additional equipment on the Premises as described in Exhibit A attached hereto and incorporated herein (the "Additional Improvements"). Tenant hereby represents and warrants that (i) the Additional Improvements are all located within the Premises; (ii) the installation of the Additional Improvements shall be done in a good and workmanlike manner; (iii) as further described in Section 6 of this Amendment, Tenant shall provide advance written notice to Landlord of the installation of the Additional Improvements, including an installation schedule; (iv) Tenant shall obtain all necessary consents, approvals and permits for the installation of the Additional Improvements; (v) Tenant shall immediately repair any damage to the Premises, the Land and any other property of Landlord, damaged as a result of the installation of the Additional Improvements to the condition which existed prior to such damage; (vi) the Additional Improvements do not expand Tenant's operations at the Premises; and (vii) the installation of the Additional Improvements shall be in accordance with the terms of the Lease. The Additional Improvements shall be part of the Installation for purposes of the Lease and this Amendment. 3. Monon Trail. Landlord has constructed a linear park and recreational trail (the "Trail") which is adjacent to the Land, but is not part of the Land. Tenant understands and recognizes that the Trail is open to the public and that Tenant has no right to use, or interfere with access to, the Trail as part of the installation of the Additional Improvements. 4. Maintenance of Additional Improvements. Tenant shall be responsible for the operation, maintenance and repair of the Additional Improvements as further provided in Section 10 of the Lease. 5. Relocation. Notwithstanding anything to the contrary contained herein or in the Lease,Tenant acknowledges that the Premises are in an area in which significant redevelopment activity has occurred and continues to occur. In the event the Premises and/or the Land become the subject of redevelopment activities, Tenant shall, upon ninety (90) days written notice from Landlord, relocate all of Tenant's equipment, including but not limited to, the Additional Improvements, at Tenant's sole cost and expense to an area reasonably acceptable to Landlord and Tenant. Upon such relocation, this Lease shall terminate and Landlord shall grant Tenant a new Lease on the same terms and conditions as.contained herein, so long as,the-new location is situated on Landlord's property. If the new location is not on Landlord's property, Landlord shall use reasonable efforts to assist Tenant in obtaining a new lease. 6. Notice by Tenant of Activities Within The Premises or the Land. Tenant shall provide five (5) days advance written notice to the Director of the Carmel Communication Center at 31 First Avenue, N.W., Carmel, In 46032, (317) 571-2586, the Office of the Mayor, City Hall, One Civic Square, Carmel, IN 46032, (317) 571-2401, and the Director of Utilities, 760 Third Avenue SW, Carmel, IN 46032, (317) 571-2443, prior to entering on the Premises or the Land to conduct any activities on the Premises or the Land in connection with Tenant's exercise of its rights under this Amendment or the Lease, including but not limited to, Tenant's installation, use, operation and repair of the Installation and/or the Additional Improvements. Such notice shall include a description of the type and location of the activities and an anticipated timeframe for completion of such activities. Tenant shall coordinate and time such activities with Landlord in order to minimize any interference with the use of the Premises and the Land. In the event of bona fide unscheduled and unforeseen emergency repairs, Tenant shall provide as much notice as possible to Landlord, by contacting telephonically and by facsimile transmission to the Director of the Carmel Communications Center at 31 First Avenue, N.W., Carmel, IN 46032, (317) 571-2586, the Director of Utilities, 760 Third Avenue SW, Carmel, IN 46032, (317) 571-2443 and the Chief of Police at Carmel Police Headquarters at 3 Civic Square, Carmel, IN 46032 (317) 571-2500. 7. Indemnification and Insurance. In addition to indemnity provided in Section 17 of the Lease, Tenant shall indemnify, defend and hold harmless.Landlord, its officers, officials, employees, attorneys and agents, from and against any loss, damages, injuries or liability, arising directly or indirectly, in whole or part, from Tenant's exercise of its rights under this Amendment. In addition to the insurance required by Section 17 of the Lease, Tenant shall maintain adequate public liability and property damage insurance covering Tenant's installation of the Additional Improvements. At Landlord's request, Tenant shall provide satisfactory evidence of such insurance to Landlord. 2 8. Authority. The person executing this instrument on behalf of Tenant hereby represents that he has the authority to bind Tenant to the terms and conditions set forth herein and that all necessary action therefore has been taken. 9. Execution and Delivery; Enforceability. This Amendment has been duly executed and validly delivered by Tenant and constitutes the legal, valid, and binding obligations of the Tenant, enforceable against Tenant in accordance with its terms. 10. Limited Effect of Amendment. Except to the extent expressly amended by this Amendment (in which case the terms hereof shall prevail), the various terms and provisions of the Lease shall remain in full force and effect. [End of text of Amendment—signature page follows] 3 IN WITNESS WHEREOF, the parties have executed and delivered this Amendment on the date and year first written above. LANDLORD: THE CITY OF CARMEL By and through its Board of Public Works and Safety 1 By: �� James Brainard, Presiding Officer Date: A By:r "/ Mar Ann Buurrkke, Member Date: /0 % f7 '/ 3 By: 1.2i tson, Member Date: (0 /14 /3 ATTEST: I ----- Sandra M.Johnson, , I' id i lei Deputy Clerk for iana L. Cord y, IAMC, Clerk-Treasurer Date: /bN/3 TENANT: T-MOBILE CENTRAL LLC, a limited liability ompany By: Name: Kim Curtis Engineering Director - Development Title: 9 iY _fJ 4 . . . _ t , r:Cri ::ci Ct-.7 0 F -?.. ,7—$:-..4 q. 73 2 — • 1 :1 t:= Y. "1 ,..- - - V..<n 2. .: • . :!t; itriil.§ ..,I't-t-3= it 0 7 y - ?Elf cl.Ar0 "4 'it •i.'ai‘. 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