Sprint Spectrum FIRST AMENDMENT
TO LEASE AGREEMENT
APPROVi~L~;
FORM
This First Amendment to Lease Agreement ("Amendment") is made and entered into as of the
day of]. .~¢(? -2001, by and between Sprint Spectntm, L.P., a Delaware limited partnership CSSLP"),
and the City of Carmel, Indiana ("Owner").
RECITALS
A. SSLP leased from Owner certain real property located at or about 5484 East 126th Street in
Carreel, Hamilton County, Indiana (the "Site"), pursuant to a Lease Agreement signed by Owner on or
about August 20, 1997, and by SSLP on or about August 28, 1997, and identified as Owner Contract No.
0820.97.08 (the "Agreement").
B. SSLP and Owner desire to amend the Agreement pursuant to the terms and conditions
contained herein in order to enable SSLP to obtain Owner's consent ("Consent") to allow Verizon
Wireless, a Delaware corporation (the "Co-Locator"), to co-locate with SSLP on the Site.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
ac'knowledged, the parties agree as follows:
1. Upon its proper execution, the effective date ("Effective Date") of this Amendment
shall be the date on which SSLP enters into an agreement with Co-Locator whereby SSLP grants to Co-
Locator the right to co-locate on the Site (the "Co-Location Agreement").
2. SSLP will pay to Owner annual rent for the Consent in the amount of Three
Thousand Eight Hundred Dollars ($3,800.00) ("the Additional Rent"), which shall be due and owing, and
paid in advance, on or before September 1 of each year in which this Amendment is in effect, except that
the first Additional Rent payment shall be paid by SSLP to Owner within thirty (30) days from the
Effective Date of this Amendment. The Additional Rent payments shall thereafter escalate at the same
time and in the same manner as described in Section 3.3 of the Agreement.
3. If Co-Locator and SSLP have not entered into a Co-Location Agreement within
thirty (30) days after the Effective Date, either Owner or SSLP may terminate this Amendment, without
cause or penalty, by providing written notice of termination to the other party. This Co-Location
Agreement shall not give Co-Locator any rights not expressly granted herein to SSLP by Owner.
4. SSLP hereby represents and warrants that it has performed all necessary structural,
engineering and other tests on the Site and that the use of the Site by the Co-Locator will not adversely
affect the structural integrity of the Site, interfere with any of Owner's conununications equipment or
broadcast transmissions or othersvise materially impair the Site for its use by Owner. SSLP hereby agrees
to indemnify, defend and hold harmless the Owner from any and all loss, damages, injuries, liabilities
and/or any other costs or expenses arising directly or indirectly, in whole or in part, from the actions of
either SSLP or Co-Locator, or both, on the Site and/or pursuant to this Amendment.
5. All capitalized terms not defined herein shall have the meaning given to such terms
in the Agreement, as amended. Except as expressly amended hereby, the Agreement remains in full force
and effect and binding upon the parties thereto, and is hereby restated, ratified and confirmed in
accordance with its original terms.
6. The provisions of the undertakings and indemnifications contained herein shall
survive the termination of this Amendment.
CITY OF CARMEL, INDIANA,
By and through its Board of Public
Works and Safety ("OWNER")
By:
~Z'tt //~ '-C_ P
Mary Ann Burke, Member
Date:
BiZy~lker, Member
Date: / t'b'q-O }
SPRINT SPECTRUM, L.P. CSSLP")
By:
(Authorized Signature)
(Title)
Date: H' gl. - 0 1