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HomeMy WebLinkAboutAT&T - First Amendment to Option and Lease-10/18/2010at&t The new ^r Your world. Delivered. Site No./Name: DE o 1/1.216roo, Iowa121// , , e 715 Mulberry Street Waterloo, IA 50703 Dear Sir or Madam: Enclosed please find four (4) copies of the First Amendment to Option and Lease (i.e., Generator) Agreement for execution. Please sign all copies and return to our offices for final execution by AT&T. One fully executed copy of the agreement will then be forwarded to you. You are also requested to sign the enclosed Drawings as indicated, signifying your approval of the installation as drawn. Finally, by signing below, Landlord agrees that receipt of a fully executed Generator Agreement constitutes issuance of a Notice to Proceed Construction Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Debbie Baier Site Acquisition Manager Landlords agree that execution of this Agreement constitutes issuance of a Notice to Proceed Construction. LL Signatur-e,6. � �" Cell Site No. DESMIAW930 CeII Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwy, Waterloo, IA 50703 FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT THIS FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between City of Waterloo, Iowa, having a mailing address of 715 Mulberry Street, Waterloo, IA 50703-0000, (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into a Option and Lease Agreement dated November 22, 2005, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 2528 West Airline Hwy, Waterloo, IA 50703 ("Agreement"); and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Equipment. Landlord grants permission to Tenant for additional leased ground space, 10' x 15', which are to be utilized by Tenant for the installation of a diesel generator, to be installed at the location depicted in Exhibit 1 attached hereto. 2. Rental Increase. The Lease is modified to provide that, effective upon the installation of the generator, the monthly rent shall be increased by $100.00 a month. The foregoing rent shall continue to be subject to the annual increases set forth in Section 4 of the Lease. 3. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. 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, Cell Site No.DESMIA W930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv, Waterloo, IA 50703 postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. As to Tenant, New Cingular Wireless PCS, LLC, Attn: Network Real Estate Administration Re: Cell Site # DESMIAW930, Cell Site Name South Airport WAT, Fixed Asset No: 10099312, 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004, with a required copy of the notice sent to either of the addresses above to AT&T legal at: As to Landlord, New Cingular Wireless PCS, LLC, Attn: AT&T Legal Department, Re: Cell Site #: DESMIAW930• Cell Site Name: South Airport WAT, Fixed Asset No.: 10099312, 15 East Midland Avenue, Paramus, NJ 07652 City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. 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. 4. Emergency 911 Service. In the future, without the payment of additional rent and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 7. Removal/Restoration. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will remain the property of the Tenant and may be removed by Tenant at any time during the Term. Footings, foundations and concrete will be removed to a depth of three -feet below grade. Within one hundred twenty (120) days of the 2 Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv, Waterloo, IA 50703 termination of this Agreement, Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and Loss by casualty or other causes beyond Tenant's control excepted. Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any underground utilities. [SIGNATURES APPEAR ON THE NEXT PAGE] 3 Cell Site No.DESMIA W930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv, Waterloo, IA 50703 IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. WITNESSES: "LANDLORD" CAA/ Pnnt Name: fC& -D L -R i, (t' Print Name: Print Name:Zcz:-)C6-niareDn Print Name: City of Waterloo, Iowa By: Print Name: ESQ e- .rk— Its: Date: 011- lob r lobi 6010 "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: /Ad Print � ame: M Its: MI(, Date: 7/ (21/° [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 4 Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv, Waterloo, IA 50703 TENANT ACKNOWLEDGMENT STATE OF M t n n:.s - ft— ) 1 t ) ss: COUNTY OF OT- nne On the Z day of 0 cti,re.---4;`x20i 4 before me personally appeared PtT c- 1 I S.-44 c -F and acknowledged under oath that he/she is th a a I�l.L.. . lls�- of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited -liability company, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Karen Jean Frederickson Notary Public Minnesota My Commission Ends Jan. 31, 2014 LANDLORD ACKNOWLEDGMENT INDIVIDUAL ACKNOWLEDGMENT Notary- blic: - - ; ✓0,Ier.L11-s0-a My Commission Expires: ;SAN ) - t STATE OF 61140" ` j ss: COUNTY OF l� BE IT REMEMBERED, that on this day of , 200_ before me, the subscriber, a perso,�? authorized to take oaths in the State of , personally appeared -V1u -- 6. C,t .1'%-- who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered the same as his/her/their voluntary act and deed for the purposes ther } tained. 5 Not. ` Public: My Commission Expires: Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwy, Waterloo, IA 50703 PARTNERSHIP (consisting of corporations) ACKNOWLEDGMENT STATE OF ) )'ss: COUNTY OF ) \ �M I CERTIFY that on 200 personally came before me and this/these person(s) acknowledged under oath to my"atisfaction, that: (a) this/these person(s) signed, sealed ancl2delivered the attached document as [title] of [name of 'corporation] a corporation of the State of which is a general partner of the partnership flamed in this document; (b) the proper corporate seal o said corporate general partner was affixed; and (c) this document was sign d and delivered by the corporation as its voluntary act and deed as [a] general partner(s) on behalf of said partnership [by virtue of authority from its Board of Directors]. Notary Public: My Commission Expires: CORPORATE ACKNOWLEDGMENT STA Ili OF ) ss: COUNTY OF ; ) I CERTIFY that on ;`200 [name of representative] personally came before me and+ackmowledged under oath that he or she: (a) is the \title] of [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public: My Commission Expires: Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv, Waterloo, IA 50703 1 L EXHIBIT 1 LEASE EXHIBIT J N SITE PL N sLWE. 1 Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv. Waterloo, IA 50103 ENGINEERING 2006 INTERNATIONAL BUILDING CODE 2008 NATIONAL ELECTRIC CODE 11A/ELA-222-1 OR LATEST EO1110N GENERAL NOTES THE FACILITY I5 UNMANNED AND NEW FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE WVNTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT 0451U8BANCE CR EFFECT ON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REWIRED AND NO COMMERCIAL. SIGNAGE IS PROPOSED. PROJECT DESCRIPTION THE PROJECT CONSISTS OF THE INSTALLATION AND OPERATION OF BACK UP POWER FOR AT&T'. WIRELESS TELECOMMUNCATIONS NETWORK. INSTALLATNRI OF (1) MEMO GENERATOR PROPOSED. SITE INFORMATION PROPERTY OWNER CITY OF WATERLOO TOWER OWNER; AT&T SITE NAND SOUTH 0RPORT WAT SITE NW8ER: DESMLUY930 FA NUMBER: 10099312 0501 ROMER 83300 SITE CONTACT: BRAN 80004SON (847) 702-2197 SCE ADDRESS: 2028 WEST AIRLINE HIGHWAY WATERLOO. IOWA 50703 COUNTY: BLACK HAWK LATITUDE (IMO 83): 47 32' 33.288' N 42.54258000 LON00U0( (IAD 83): 97 23• 14.999' W -92,38780000 GROUND ELEVATION: 863' NO- MAD -TAD 080101: N/A ZONING JURISDICTION: CITY OF WATERLOO ZONING DISTRICT: N/A PARCEL /: N/A OCCUPANCY GROUP. U CONSTRUCTION TYPE: V-8 POWER COMPANY: MOAMERICAN ENERGY COMPANY (800) 329-6201 TE1EPf1044E COMPANY: OAST (800) 777-9594 SITE ACQUISITION CONTACT: DEERE BIER (913) 827-3769 NF ENGINEER: N/A CONSTRUCTION LWAOE0C .LINE WIEDERIN (601) 253-7978 WIEOERII4SOOVERIMACON1RACTINC.CO1.I IF USING 11"X17' PLOT, DRAWINGS WILL 8E HALF SCALE CONTACT INFORMATION ENONEER TRACI( & VEATCH CORPORATION 7760 FRANCE AVE. S. SUITE 920 8100080100, MN 55435 CONTACT: DOUGLAS A BACKMAN PHONE; (851) 320-8238 E-MAIL: MCKL41NDIr8V.CAM DESMIAW930 SOUTH AIRPORT WAT at&t MOD GENERATOR ADD LOCATION MAPS < C46 • ... . 46 Blued ' lN4400 L...•10 Si 1_0,A, .. 1 Nr91 V'Av,:oan 210 '.I X1•::1 •.. '.1/ i1 I1 fbalui 'F,E.krrt:lrRD ,H,,s,,,, 1' a Ortellt: ReiLt; 11 •PonWU a1 6urrrr 8mbw, <(011•n4 AN1on 1: r C r: 14 I• .1'e0s10a1N M>' uw��;�f.i }d11 004 UI ©0�« y 1,0 ‘,/, 8101 roil VR ve,N! I• , SrM42.54258000 Reck ,Otn're, 8FSMWN'D30 SOUTH AIRPORT WAT -92.38750000 fk2n'el SITE PLAN DESYMW930 SOUTH AIRPORT WAT 42.54258000 -02.38760000 MOIMT1140 81.AN JXr-sY,N• ... _• Ne'wAt10n I O VY A AFAFgton tkvr P•NAersUa HarlfaU 9 ......._....._...... AVII C000r Fa119a � W atarlaa Eia 21 iNt Wear n nl= :._.., r. 1 II 11 I .. FMlirn 100: y f! , G:BeANii 'RenYnl 1 LaPorte •1KI Pevnvl (41)nlvfacu: 41 I9aer IOY<all _ .. Ewkertcn E8 Run 8601;.`+•W, Coy, D,�xicn `• m:On .Fa,Uar1 Hadet. 040Evan an: n 11. LhNN,i Sh4,:l.,.... Walelloo oo 'y^�-47, 47 218 '`2f 4V ll, DIG,.. 51 )••, S} Fm v Sr A NO SCALE DRIVING DIRECTIONS DIRECTIONS FROM 4.300 MARKET POINTE DRIVE IN BLOOMINGTON MN.: 08010 HEADING SOUTH ON FRANCE AVENUE TOWARDS 1-494. TAKE 1-494 EAST TO 1-35W. MERGE ONTO 1-35 W S VIA EXIT 5B TOWARD ALBERT LEA. I -35W S BECOMES 1-35 S. TAKE THE US -18 E/US-27 E EXIT, EXIT 190, 'TOWARD MASON CITY/CHARLES CITY. MERGE ONTO IA -27 S. TAKE THE US -218 S EXIT TOWARD WATERLOO/AIRPORT. MERGE ONTO IA -57 E. IA -57 E BECOMES US -218 S. TAKE THE BROADWAY ST EXIT, EXIT 185, TOWARD AIRPORT, TURN LEFT ONTO AIRPORT BLVD. TURN RIGHT ONTO W AIRLINE HWY. SITE 15 ON THE LEFT. APPROVALS THE FOLLOWING PARTIES HEREOY APPROVE AHD ACCEPT THESE DOCUMENTS AND AUTHORIZE THE SUBCONTRACTOR TO PROCEED WRIT THE CONSTRUCTION DESCRIBED HEREIN. All DOCUMENTS ARSEMEOT TO RENEW BY THE LOCA. BULGING DEPARTMENT AND WY IMPOSE CHANOEB OR AT&T RP DATE: AT&T OPERATIONS. DATE: /f DATE: DATE: PROPERTY OWNER. MUNICIPAL: AT&T SITE AO:/ II DRAWING INDEX SHEET N0: SHEET TITLE 1-1 TITLE SHEET 0-1 SITE PLAN 0-2 MOIMT1140 81.AN E-1 ELECTRICAL DETAILS E-2 ELECTRICAL DEFA15 0-1 000000100 DETAILS 00-1 GENERAL NOTES GN -2 GENERAL ROTES 0N-3 GENERAL NOTES 014-4 GENERAL NOTES DO NOT SCALE DRAWINGS SUBCONTRACTOR S4UL VERIFY ALL PLANS & EKISTIN0 DIMENSIONS & CO/0010M ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN W0114!0 OF ANY DISCREPANCIES BEFORE PROCEEDING WITH TIE WORK OR BE RESPONSIBLE FOR BATE TO OBTAIN LOCATION OF PARTICIPANTS UNDERGROUND FACILITIES BEFORE YOU ENGIN IOWA, CALL IOWA ONE CALL TOLL FREE: 1-000-292-0989 0R www.(owaontoall.com LANA aWV2 RIMA S 1L14 Cr f 900.1910 Dara Nana NroN YOO O:pM,1F 01. BLACK & VEATCH 10950 GPANOVI 0PoVE OVERLAN913) 4.8000 86210 PROJECT N0: 163311 DRAWN BY: TL4YI CHECKED BY: 0AJ0/I0 85V8D FOR 000MIOMN e/11/10 99Vr0 &NT CONSTAw4DN RATE OESCHPRON IT 19 A 000000 Of IAN r0Rq Nrf POOW4 Wt 08 EI 14500P82, t.''. ENCNE TO /4112 Tits 00004141. DESMIAW930 SOUTH AIRPORT WAT 2528 WEST AIRLINE HIGHWAY WATERLOO, IA 50703 GENERATOR ADD SHEET TITLE TITLE SHEET SHEET NUMBER T-1 8 Ex1S8 FENCE [,....„..,..--"-- PROPOSED NEVA 3R TELCO JUNCOOH BOX• DUSTING AT&T EX i .,.-"1.--),' 'd�, r /M� wtact 4300 MARKET POINTE DR. BLOOMINGTON, MN 55435 X r r S r _ r—P5DNO, SHELTER EXISTING JUNCiIDN BOX 7—PROPOSED DISCONNECT PROPOSEp p5 x x x x 1 x x x x x x EXISTING OU FENDING SURROUNDING $R[ �,. ' ' ` y EXISTING AT&T SHELTER I i I I EXISTING ICE 05105E WteI " BLACK 10950 CRANDVIEW OVERUNDt3t111 (9 & VEATCH DRAT W07SAS 66210 ! YY000OUD r�JUNCTION C L x S x PROPOSED COMM:D 5 EXISTING GENERATOR PLUG r0 RERWN REMME EXISTN0 DscoHxcr I b rn EXISTING 0 STOOP E x PROJECT N0: 153311 DRAWN BY: 1MW CHECKED BY: DAB :_1 EXISPNG uONOPIXE TOWER / PROPOSED SPARE CORM o ° r 0 !il EXISTING x 1 vho/To Baum la1 CM-MOM IIOII % " I 00 •` PROPOSED OENERAD (SUPWED O =AY BBY 1 Ev DEISEL ERATOR Y OTHERS) v 0 1/12/18 ITalm DOIS FOR IROORON LREY OM 0(EgEPIgR J / ` • Unum II-!PA\IE ' J T\\\\ PROPOSED (MING Unum H-ERAIJE CEI€PATOR LOCATKIN (51E ENIAROED SR PIAN) Edi EX611N0 DO8RE OEHERAIOR TO 8E MOVED 1_/� L�p�p n� pq� "'e A UmpYo 8Ro CONNENT. TO ALTER 1185 DOCWEM, 3-1- I(I ° P R x x x x x x X x N 1 + ! I +/ \\„% 11 Ex snnc 12'-0• ACCESS GATE SITE PLAN DESMIAW930 SOUTH AIRPORT WAT 2528 WEST AIRLINE HIGHWAY WATERLOO, IA 50703 GENERATOR ADD o° ° . t/ �° P P v ° SHEET 1111E SITE PLAN TENLASRGED ITE SHEET HUNGER C -i SCALE: 1/4 - T -7 PLAN x { Cell Site No. DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwy, Waterloo, IA 50703 FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT THIS FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between City of Waterloo, Iowa, having a mailing address of 715 Mulberry Street, Waterloo, IA 50703-0000, (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Tenant entered into a Option and Lease Agreement dated November 22, 2005, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 2528 West Airline Hwy, Waterloo, IA 50703 ("Agreement"); and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Equipment. Landlord grants permission to Tenant for additional leased ground space, 10' x 15', which are to be utilized by Tenant for the installation of a diesel generator, to be installed at the location depicted in Exhibit 1 attached hereto. 2. Rental Increase. The Lease is modified to provide that, effective upon the installation of the generator, the monthly rent shall be increased by $100.00 a month. The foregoing rent shall continue to be subject to the annual increases set forth in Section 4 of the Lease. 3. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. 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, Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset Na 10099312 Market l� Address: 2528 West Airline Rwv, Waterloo. IA 50703 postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. As to Tenant, New Cingular Wireless PCS, LLC, Attn: Network Real Estate Administration Re: Cell Site # DESMIAW930, Cell Site Name South Airport WAT, Fixed Asset No: 10099312, 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004, with a required copy of the notice sent to either of the addresses above to AT&T legal at: As to Landlord, New Cingular Wireless PCS, LLC, Attn: AT&T Legal Department, Re: Cell Site #: DESMIAW930; Cell Site Name: South Airport WAT, Fixed Asset No.: 10099312, 15 East Midland Avenue, Paramus, NJ 07652 City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. 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. 4. Emergency 911 Service. In the future, without the payment of additional rent and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 7. Removal/Restoration. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant' s option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will remain the property of the Tenant and may be removed by Tenant at any time during the Term. Footings, foundations and concrete will be removed to a depth of three -feet below grade. Within one hundred twenty (120) days of the 2 Cell Site No..EShnAW93Q Cell Site Name: SOUTH AIRPORT WAT Piled Asset No. 10099312 Market: IA Address: 2526 West Airline Rwv. Waterloo. IA 50703 termination of this Agreement, Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any underground utilities. [SIGNATURES APPEAR ON THE NEXT PAGE] 3 Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv. Waterloo, IA 50703 IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. WITNESSES: 1411 Print Name: fel i'6I f irto r Print Name: Print Name: Print Name: "LANDLORD" City of Waterloo, Iowa By: Print Name: Its: Date: 10 "TENANT" ?et0 New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 4 Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. 10099312 Market: IA Address: 2528 West Airline Hwv, Waterloo, IA 50703 TENANT ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF On the day of , 20_, before me personally appeared , and acknowledged under oath that he/she is the of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT INDIVIDUAL ACKNOWLEDGMENT STATE OF 0 ) ,O�,kI4L--' ) ss: /` COUNTY OF 41--- ) BE IT REMEMBERED, that on this \day of Odtiatr , 200_ before me, the subscriber, a person authorized to take oaths in the State of —DWI , personally appeared armee-•Uak who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and 1, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein ont• `fled. 5 No ary Pu ► ic: My Commission Expires: Cell Site No.DESMIA W930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No, 10099312 Market: I® Address: 2525 West Airline Hwy, Waterloo, IA 50703 PARTNERSHIP (consisting of corporations) ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF I CERTIFY that on 200 , personally came before me and this/these person(s) acknowledged under oath to my satisfaction, that: (a) this/these person(s) signed, sealed and delivered the attached document as [title] of [name of corporation] a corporation of the State of which is a general partner of the partnership named in this document; (b) the proper corporate seal of said corporate general partner was affixed; and (c) this document was signed and delivered by the corporation as its voluntary act and deed as [a] general partner(s) on behalf of said partnership [by virtue of authority from its Board of Directors]. Notary Public: My Commission Expires: CORPORATE ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) I CERTIFY that on , 200 [name of representative] personally came before me and acknowledged under oath that he or she: (a) is the [title] of [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public: My Commission Expires: Cell Site No.PESM!AW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No.10099312 Marken l4 Address: 252S West Airline Hwv, Waterloo, TA 50703 EXHIBIT 1 LEASE EXHIBIT eioaooiocec 1 Cell Site No.DESMIAW930 Cell Site Name: SOUTH AIRPORT WAT Fixed Asset No. )0099312 Market: IS Address: 2528 West Airline Hwy. Waterloo. IA 50703