T-Mobile/Util/1st Amendment to Lease FIRST AMENDMENT TO LEASE (Water Tower) ® ',
a THIS FIRST AMENDMENT TO LEASE (Water Tower) ("Amendment") is made and entered into effective the
day of 2013 by and between the City of Carmel, Indiana, acting by and through its Board of Public Works
("Landlord"), and T-Mobile Central LLC, a Delaware limited liability company("Tenant").
WHEREAS, Landlord and Tenant entered into a LEASE (Water Tower) with an Effective Date of November 11,
2007 (the "Lease"), with respect to the Premises (as defined in the Lease)which are part of the Property located at 3562
131st Street, City of Carmel, Hamilton County, State of Indiana; and
WHEREAS, Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain
provisions of the Lease.
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, Landlord and Tenant agree as
follows:
I. The terms and conditions and attachments of the Lease are incorporated herein by this reference, and capitalized
terms used in this Amendment shall have the same meanings that such terms are given in the Lease.
2. Upon execution of this Amendment by both Landlord and Tenant, the Lease shall be amended as follows:
(a) Section 7, Tenant Improvements, is amended to include the following at the end of the current text:
Tenant currently has existing copper cables at the Premises which were installed as part of Tenant's
Installation pursuant to Sections 5 and 7 of the Lease. Landlord agrees to allow Tenant to use space
within Landlord's existing four inch (4") conduit (the "Conduit") as shown on Attachment A for
installation of a fiber cable for Tenant's use (the "Fiber Installation"). The Fiber Installation shall also
include Tenant's removal of Tenant's existing copper cables from the Premises. Tenant shall remove the
existing copper cables from the Premises no later than ninety(90) days after Tenant's installation of fiber
cables in Conduit.
The Fiber Installation shall be done in accordance with Attachment A, attached hereto and made a part
hereof, in accordance with all of the terms of the Lease, and at Tenant's sole cost and expense. Tenant
may access the Premises to complete the Fiber Installation only in accordance with Section 12 of the
Lease and shall notify Landlord at least three (3) business days in advance of Tenant undertaking any
part of the Fiber Installation. Landlord has the right to have a representative present during all parts of
the Fiber Installation.
Tenant acknowledges and agrees that Tenant's use of the Conduit is non-exclusive and that Landlord
may install or allow other third parties to install and use fiber within the Conduit. In the event that
Landlord, for its own purposes or to comply with applicable law, requires Tenant to remove Tenant's
fiber from the Conduit, Landlord shall provide Tenant as much advance notice as possible and cooperate
with Tenant to provide Tenant, at no cost to Landlord, an alternative location for such fiber.
Tenant's indemnity of Landlord under Section 18 of the Lease specifically includes any damage from the
Fiber Installation or breach of this Amendment.
(b) Section 28 (e), Reimbursable construction shall be amended to include the following after the end of the
current text:
"Additionally, Tenant agrees to pay Landlord:
— 1 —
Document: First Amendment-AAV
Site Number: MWO4155A
Site Name: Cannel 131E Street WT
Market: Indianapolis
$15,000.00 for Tenant's non-exclusive use of Landlord's Conduit as described in subparagraph a above.
The total amount to be paid to Landlord by Tenant for the items described in this Amendment is
$15,000.00, which shall be paid to Landlord within thirty (30) days after Landlord approves this
Amendment.
(c) Tenant's notice addresses in the Lease are deleted in their entirety and replaced with the following:
If to Tenant:
T-Mobile Central LLC
12920 SE 38th Street
Bellevue, WA 98006
Attn: PCS Lease Administration
Re: Site# MW04759A
(d) A new Section 31 is added to the Lease as follows:
"31. Iran Certification. Pursuant to Indiana Code Section 5-22-16.5-13, Tenant hereby certifies that it
does not engage in investment activities within the Country of Iran."
3. To the extent not expressly modified herein, all other terms and conditions of the Lease will remain the same and
in full force and effect and are ratified and confirmed by the parties.
4. Tenant represents and warrants to Landlord that no consent or approval of any third party, is required with
respect to Tenant's execution of this Amendment or the Fiber Installation, or if any such third party consent or approval
is required, Tenant has obtained any and all such consents or approvals. Specifically, Tenant, at Tenant's sole cost, shall
obtain any necessary municipal permits and/or approvals.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above.
LANDLORD: City of Carmel,Indiana,acting by TENANT: T- ile e ral LLC
and through its Board of Public Works
By:
Print Name: Far a( Afnil
Title: Areit. Direr--pt-
By: e--e—
i/ James Brainard, Presiding Officer
Date:
By: di„/ Ii
ary • Burke, Member
Date: / ' ✓ -13
-
By: /
L s ri 'a son, Member
Date: 413 )13
•
—2 —
Document: First Amendment-AAV
Site Number: MW947S9A
Site Name: Cannel 131°Street WT
Market: Indianapolis
ATTES :
Sfi
C Tana L. Cordra AMC. Clerk-Treasurer
Date: 4-3/3
- 3 —
Document: First Amendment-AAV
Site Number: MW94T69A
Site Name: Cannel 131d Street WT
Market: Indianapolis
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Personally appeared before me this day James Brainard, Mary Ann Burke, and Lori Watson, who having been
duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works and have
executed the foregoing First Amendment to Lease (Water Tower) on behalf of such entity.
WITNESS my hand and notarial seal, this 3 day of a1 , 2013.
My Commission Expires: F-301 - /2 Signed Name: ` �M& �l /
My County of Residence: My 17L1//&X Printed Name: "
STATE OF ILLINOIS )
)ss.
COUNTY OF DUPfcfrE C(L )
I certify that I know or have satisfactory evidence that Faisal Afridi is the person who appeared before me, and
said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the
instrument and acknowledged it as Area Director, of T-Mobile Central LLC, a Delaware limited liability company, to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: 3 ,l 43
/ 1\ 1 1 I 9_,,N.9,v.
Notary Public
Print Name V\c/ 01 �v
c
OFFICIAL SEAL l c
CATHERINE OLSEN
Notary Public-State oflllinois My commission expires /\, , u
My Commission Expires Sep 24,2015 V' �
(Use this space for notary stamp/seal)
—4—
Document: First Amendment-AAV
Site Number: MW04769A
Site Name: Carmel 131°Street WI
Market: Indianapolis
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