Approved Agreements and Contracts 2024/11/26 Sprint Cellular Antenna Lease Renewal

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Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604102




                 FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (WATER TOWER)


                    This First Amendment to Communications Site Lease Agreement (Water Tower) (the
            “First Amendment”) is effective as of the last signature below (the “Effective Date”}, by and
            between City of Muskegon, a Michigan municipal corporation (“Lessor”), and SprintCom LLC
            (formerly a corporation), a Kansas limited liability company (“Lessee”) (each a “Party”, or
            collectively, the “Parties”).


                    Lessor    and   Lessee    (or   their    predecessors-in-interest)   entered    into   that     certain
            Communications Site Lease Agreement (Water Tower) dated November 14, 2000, (the “Lease”)
            regarding the leased premises (“Property”) located at 1596 Superior Street #2, Muskegon, MI
            49442 (collectively, the “Premises”).




            1,      At the expiration of the current Term of the Lease, the term of the Lease will be extended
                    for one additional ten (10) year term and will automatically renew for four (4) additional
                    five (5) year terms, each included as a Renewal Term provided that Lessee may elect not
                    to renew by providing Lessor at least thirty (30) days’ notice prior to the expiration of the
                    then current Renewal Term.


            2.      At the commencement of the first Renewal Term provided for in this First Amendment,
                     Lessee shall pay Lessor three thousand two hundred fifty and 50/100 Dollars ($3,250.50)
                     per month as Rent by the fifth (5'*) day of each calendar month. Thereafter, on each
                     anniversary of a Renewal Term, the Rent will increase by 3% over the Rent paid during
                    the previous year, and every year thereafter.         In addition to Rent, Lessee shall owe Lessor
                     a one-time signing bonus of Seven Thousand Five Hundred                       and 00/100 Dollars
                     ($7,500.00) within 45 days of full execution of this First Amendment.


            3.       Commencing on full execution of this First Amendment, Lessee's obligation to pay Rent is
                     guaranteed for a period of ten (10) years ("Rent Guarantee Period"). Lessee's obligation
                    to pay Rent during the Rent Guarantee Period shall not be subject to offset by Lessee,
                     unless any of the following exceptions apply: a) local, state or federal laws materially
                     adversely affect Lessee 's ability to operate; b) the Property or the Antenna Facilities are
                     damaged or destroyed by wind, fire or other casualty and the Property cannot be restored
                     within a six (6)-month time period, then, In addition to the rights set forth herein, Rent
                     will be abated for any period of time Lessee is not able to use the Property; c) the Premises
                     is foreclosed upon and Lessee is unable to maintain its' tenancy; d) Lessor requires Lessee
                     to relocate the Antenna Facilities at any cost to Lessee; or e) Lessor breaches the Lease
                     and the default issue is not cured within the applicable cure period. This Rent guarantee
                     shall not apply to any increases in the Rent, excluding any escalations set forth in the
                     Lease, after the execution of this First Amendment and Lessee’s full termination rights
                     under the Lease are in full force and effect.         Upon expiration of the Rent Guarantee
                     Period, Lessee has the right to terminate this Lease upon prior written notice to Lessor,
                     for any or no reason, without further liability,




            MU04505.4.                                              i                         TMO Signatory Level: L04/L05
                                                                                                                  NLG-404366
Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604102




                    Notwithstanding anything to the contrary in the Lease and as of the Effective Date of this
                    First Amendment, the Property may be used for: (a) the transmission and reception of
                    communication signals; and (b) upon notice to Lessor, the construction, installation,
                    operation, maintenance, repair, addition, upgrading, removal or replacement of any and
                    all Antenna Facilities (collectively, the “Permitted Uses”). As of the Effective Date of this
                    First Amendment, Lessee has the right to install 12 antennas, as well as any antenna
                    required for E911 purposes and/or for Lessee to keep its Lessee Facilities in compliance
                    with all applicable laws and regulations as required in the Lease. Should Lessee increase
                    the quantity of antennas beyond 12, then Lessee shall increase its monthly rental
                    payment to Lessor by $325.00 for each additional antenna,

                    Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the
                    First Amendment, Lessor shall be responsible for maintaining all portions of the Premises
                    in good order and condition, including without limitation, plumbing, elevators, the roof
                    and support structure, landscaping and common areas, as applicable.


                     Lessee shall have the right to connect to and otherwise utilize any and all pre-existing
                     utility related equipment, or alternatively, to construct, install, operate, maintain, repair,
                     add, upgrade, remove or replace utility related equipment (collectively, the "Utility
                     Facilities") located on or serving the Premises, which are either owned by or available to
                     Lessor.


                     Lessee shall be responsible for all utility charges for electricity, or any other utility service
                     used by Lessee on the Property (the "Utility Charges”), Lessee may install separate
                     meters or submeters for the utility usage of Lessee. The Parties will perform a true-up
                     during the final month of each Lease year, whereby overpayment or underpayment of
                     Utility Charges will be invoiced or credited by Lessor to Lessee within thirty (30) days of
                     the true-up.
                         a.    Smart Submeter, Tenant may install a submeter that can be remotely managed
                               and read (“Smart Submeter”), The Smart Submeter will be read on a regular/
                               quarterly basis and Tenant will be directly invoiced for its Utility Fees, with a
                               copy provided to Landlord’s email address. Tenant will remit payment to the
                               Landlord within thirty (30) days of receipt of the invoice.


             8.    Relocation.
                                      a)      Landlord must provide Tenant at least six (6) months
                     written notice of any repairs, maintenance or other work (the “Work”) during
                     the Term of the Lease which would require the temporary relocation of the
                     Antenna Facilities. Landlord agrees that the Work will not limit or interfere with
                     Tenant’s Permitted Uses of the Premises. Landlord will not impose additional
                     fees, considerations, or conditions upon Tenant. If necessary, in Tenant’s sole
                     determination and expense, Tenant may elect to install a temporary
                     communications facility (e.g. a “cell on wheels,” or “COW”) in another mutually
                     agreeable location on the Property that provides Tenant coverage and service
                     levels similar
                                  to those of the Antenna Facilities at the original location, while the



            MU04505A                                             2                           TMO Signatory Level: LO4/L05
                                                                                                             NLG-104366
Docusign Envelope ID: EB1F6320-27CF-~41BF-89D6-D04E81604 102




                     Work is being performed. Tenant shall have the right to reinstall its Antenna
                     Facilities immediately upon the completion of the Work. Tenant or its designee
                     shall have the right to accompany Landlord, its agents or contractors whenever
                     the Work is being performed on the Premises. Notwithstanding anything to the
                     contrary, Landlord shall not have the right to permanently relocate the Antenna
                     Facilities except as set forth herein.


                                       b)       If Landlord desires to redevelop, modify, remodel, or in
                     any way alter its Property or any improvements thereon (“Redevelopment”),
                     Landlord shall in good faith use its best efforts to fully accommodate Tenant's
                     continuing use of the Premises. If both parties to this Lease determine that the
                     Redevelopment necessitates permanent relocation of the Antenna
                     Facilities, Landlord shall have the right, subject to the following provisions of this
                     section, to relocate the Antenna Facilities, or any part thereof, to an alternate
                     location on the Property (the “Relocation Premises”), provided, however, that:
                     (i) Landlord may only relocate Tenant once during the Lease; (ii) Landlord may
                     only relocate Tenant after the Initial Term; (iii) Landlord must give Tenant at
                      least twelve (12) months’ written notice prior to such relocation; (iv) such
                      relocation shall be performed exclusively by Tenant or its agents; and (v) such
                      relocation shall not limit or interfere with Tenant’s Permitted Uses of the
                      Premises. Landlord shall exercise its relocation right by delivering written notice
                      to Tenant pursuant to the Lease and shall identify in the notice the proposed
                      Relocation Premises on the Property.



             9, All notices, requests, demands and other communications shall be in writing and shall be
                deemed to have been delivered upon receipt or refusal to accept delivery, and are effective
                only when deposited into the U.S. certified mail, return receipt requested, or when sent via
                a nationally recognized courier to the addresses set forth below. Lessor or Lessee may from
                 time to time designate any other address for this purpose by providing written notice to the
                  other Party.




                      If to Lessee:                                           If to Lessor:


                      Sprint Property Services                                City of Muskegon
                      Sprint Site ID: MU04505A                                933 Terrace St., P.O. Box 536
                      Mailstop KSOPHD0101-Z2650                               Muskegon, Michigan 49443-0536
                      6220 Sprint Parkway
                      Overland Park, Kansas 66251-2650




             MU045054                                             3                           TMO Signatary Level: LO4/L.05
                                                                                                               NLG-104366
Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604 102




                     With a copy to:


                     Sprint Law Department
                     Sprint Site ID: MUO04505A
                     Attn.: Real Estate Attorney
                     Mailstop KSOPHD0101-22020
                     6220 Sprint Parkway
                     Overland Park, Kansas 66251-2020


            10.      Lessee and Lessor will reasonably cooperate with each other's requests to approve permit
                     applications and other documents related to the Premises without additional payment or
                     consideration.


             11.     Lessor will execute a Memorandum of Agreement at Lessee's request. If the Premises is
                     encumbered by a deed, mortgage or other security interest, Lessor will also execute a
                     subordination, non-disturbance and attornment agreement.




             12.     Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified.
                     To the extent any provision contained in this First Amendment conflicts with the terms of
                     the Lease, the terms and provisions of this First Amendment shall control. Each reference
                     in the Lease to itself shall be deemed also to refer to this First Amendment.


             13.     This First Amendment may be executed in duplicate counterparts, each of which will be
                     deemed an original. Signed electronic, scanned, or facsimile copies of this First
                     Amendment will legally bind the Parties to the same extent as originals.


             14,     Each of the Parties represents and warrants that it has the right, power, legal capacity and
                     authority to enter into and perform its respective obligations under this First Amendment.
                     Lessor represents and warrants to Lessee that the consent or approval of a third party has
                     either been obtained or is not required with respect to the execution of First Amendment.
                     If Lessor is represented by any property manager, broker or any other leasing agent
                     (“Agent”), then (a) Lessor is solely responsible for all commission, fees or other payment
                     to Agent and (b) Lessor shall not impose any fees on Lessee to compensate or reimburse
                     Lessor for the use of Agent, including any such commissions, fees or other payments
                     arising from negotiating or entering into this First Amendment or any future amendment.


             15.     This First Amendment will be binding on and inure to the benefit of the Parties herein,
                     their heirs, executors, administrators, successors-in-interest and assigns.




             MU04505A                                         4
                                                                                          TMO Signatory Level: LO4/L05
                                                                                                          NLG-104366
Docusign Envelope ID: EB1F6320-27CF-41BF-89D6-D04E81604102




                      IN WITNESS, the Parties execute this First Amendment as of the Effective Date.




             Lessor:                                            Lessee:


             City of Muskegon, a Michigan municipal             SprintCom     LLC,    a    Kansas       limited    liability




             tl,Mf
                                                                company        DocuSigned by:


                                                                By:           lucia Renteria
                                                                               \CED37BCAZ244F7..




              Print Name: an \Vaed eclte ile                    Print Name:
                                                                                Lucia Renteria




             Title: Ldedpe of Di blic VU dorks                  Title:    Sr Director,          Eng.   Development



              Date:      (2/10/24
                                                                          12/12/2024
                                                                Date:

                                                                                                                        PCLT




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            MU04505A

                                                                                                TMO Signatory Level: LO4/L05
                                                                                                                NLG-104366

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