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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,
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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
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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
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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.
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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
ve | oe
ones
MU04505A
TMO Signatory Level: LO4/L05
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