HomeMy WebLinkAboutAmendment No. 1 to Tower Lease with OptionSITE ID:P045-13
SITE NAMENiking
AMENDMENT NO. 1 TO TOWER LEASE WITH OPTION
This Amendment No. 1 to Tower Lease with Option ("Amendment") is entered into as of
the date last signed by all parties hereto, and modifies and amends that Tower Lease with Option
with an Effective Daterof May 23, 2002, the ("Lease"), by and between Frank K. Spain, DBA
Microwave Service Company, ("Landlord"), and Omnipoint Holdings, Inc., dba VoiceStream
Wireless, a Delaware corporation (Tenant") (the "Original Agreement").
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged and agreed, the parties agree as follows: '
The foregoing provisions and all exhibits attached hereto are hereby incorporated
into this Amendment as if fully set forth herein.
2. Section 4. Rent. Delete the existing paragraph in the Lease and replace with the
following:
Tenant shall pay Landlord, as rent, one thousand and 20/100A,dollars ($1000.00)
per month for the first two years of the Lease and thereafter'starting on the 25th
month of the Initial Lease term Tenant shall pay Landlord, as rent, two thousand
and no/100 dollars ($2,000.00) per -month ("Rent"). Rent shall be payable within
twenty (20) days following the Commencement Date prorated for the remainder
of the month in which the Commencement Date falls and thereafter Rent will be
payable monthly in advance by the fifth day of each month to Microwave Service
Company at landlord's address specified in Section 12 of the Lease. If the Lease
is terminated at a time other than the last day of a month, Rent shall be prorated
as of the date of termination for any reason (other than a default by Tenant) and
all prepaid Rent shall be immediately refunded to Tenant.
3. Section 12 of the Original Agreement is hereby amended to replace Tenant's
notice addresses with the following:
If to Tenant. -to:
T-Mobile, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: PCS Leasing Administrator
' With a copy: Attn: Legal Dept.
With a copy to:
Omnipoint Holdings, Inc. dba
VoiceStream Wireless
3111 W. Dr. Martin Luther King, Jr. Blvd.
Suite 400
Tampa, FL 33607.6201
Attn: Real Estate Manager
SITE IMP045-B
SITE NAMEMking
Except as expressly set forth above, all provisions of the Original Agreement remain
unchanged and in full force and effect. Unless otherwise defined herein, the terms and conditions
contained herein have the same meaning as in the Original Agreement.
IN WITNESS WHEREOF, each of the parties have executed this Amendment as of the .
date below their respective signatures.
Witnesses:
LANDLORD
<Landlord Name>
Printed Name:
Its: or,. ', .
VMPM�rM--�---00
.6.
TENANT
Omnipoint Holdings, Inc. dba VoiceStream
Wireless
By: �`-
Printe eming
Title: Director o Engineering ns
Date: