Pinnacle Towers Acquisition LLC/Addendum No 2 to Lease AgreementADDENDUM NO.2
TO LEASE AGREEMENT
This Addendum No. 2 to Lease Agreement ("Addendum No. 2") is executed by and
between CITY OF CARMEL, acting by and through its Board of Public Works and Safety
("Landlord") and PINNACLE TOWERS ACQUISITION LLC, a Delaware limited liability
company ("Tenant"), as of the date set forth below.
RECITALS:
Landlord and Vertical Real Estate, Inc. executed a certain Lease Agreement dated
November 18, 1999 and an Addendum No. 1 to Lease Agreement dated March 15, 2000, a copy
of which is attached hereto as Exhibit 1 and is hereby incorporated herein (collectively, the
"Lease Agreement"). The Lease was evidenced by that certain Memorandum of Lease
Agreement between City of Carmel, as Landlord, and Vertical Real Estate, Inc., as Tenant, dated
December 29, 2001, filed February 19, 2002, as Instrument No. 2002-13441; as assigned by that
certain Assignment and Assumption of Lease from Vertical Real Estate, Inc., as Assignor, to
Lattice Communications, LLC, as Assignee, dated December 12, 2003, recorded February 7,
2005, as Instrument No. 200500007337; as further assigned by that certain Bill of Sale and
Assignment and Assumption Agreement from Lattice Communications, LLC, as Assignor, and
Pinnacle Towers Acquisition, LLC, as Assignee, recorded February 7, 2005, as Instrument No.
200500007338.
The Landlord and Tenant now desire to enter into this Addendum No. 2 for the purpose
of amending the description of the Easements provided and defined under the Lease Agreement.
NOW THEREFORE, the parties agree as follows:
1. Recitals and Capitalized Terms. The foregoing recitals are herein incorporated as
they are set forth in their entirety. Capitalized terms used but not specifically defined in this
Addendum No. 2 shall have the meanings ascribed to them in the Lease, unless a different
meaning is clearly required by the context hereof.
2. Additional Easement. The Leased Property shall include the additional Easement
Area shown on Rider A-1 attached hereto and incorporated herein. The additional Easement
Area shall be part of the Easements under the Lease.
3. The Lease Agreement shall remain in full force and effect, except as modified by
this Addendum No. 2 to Lease Agreement.
IN WITNESS WHEREOF, this Addendum No. 2 to Lease Agreement is agreed to and
effective as of the later of the dates below.
PINNACLE TOWERS ACQUISITION LLC,
a Delaware li ited liability company
By:
Printed: Tina Hwang
Title: Real Estate Manager
Date: I/ 7/" l k -
ACKNOWLEDGEMENT
State of Pl7rknIVIVknl rz )
County of".NhJAO% s 1 ) SS:
Before me, the undersigned Notary Public in and for said County and State,
personally appeared
Tina Hwang_
(Name of Officer)
Real Estate Manager of Pinnacle Towers Acquisition LLC,
a Delaware limited liability company
(Title and Name of Company)
and acknowledged the execution of the foregoing contract on thish"day of�vt('
, 206.
Witness my hand and seal the said last day.
My Commission Expires: 5 - 1" ?- Q
COMMONWEALTH OF PENNSYLVANIA
(Seal) NOTARIAL SEAL
Dianne Mary Burge. Notary Public
Cecil Twp.. Washington County
My Commission Expires March 9 2329
2
A Al
(Signature)n'
Mrinteyped) otary Pub ic)
CITY OF CARMEL, INDIANA,
By and through
its Board of Public Works and Safety
BY:
Ames Brainard, Presiding Officer
Date:
Mary Burke Me ber
Date: � k
( 0 �'
Lori S. at , Member
Date: 1' I y I 1 S
A
Christine S. Poey, Cleyk-re/akfi 6
Date: '51
!/�
ACKNOWLEDGEMENT
State of Indi na )
County of 4cLml hv-ii ) SS:
Before me, the undersigned Notary Public in and for said County and State,
personally appeared
r r Lr'i V10 -41:16n MAS A
(Name of Officer)
(Nalne of Utility)
��ri s�c�-r.�Slaulec
and acknowledged the execution of the foregoing contract on this /(Aday of ;�
, 201�.
Witness my hand and seal the said last day.
My Commission Expires: 6 /
f DIANNE WALTriALL
Seal
Notary Public • State of In
(Seal) Hamilton County
Nly Commission Expires Mar 16, 2024
(Signature)
7�/ A A/ /ZZZ-
(Printed or Typed) (Notary Public)
I affirm under penalties of perjury, that I have taken reasonable care to redact each social
security number in this document, unless required by law.
This document is prepared by Tammy Haney, Attorney, Keller Macaluso LLC, 760 3`d Avenue
SW, Suite 210, Carmel, Indiana 46032
After recording return to:
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