Signed Contract_U.S. Cellular First Amendment to Lease Site Name: Dubuque DT Site Number: 355307
FIRST AMENDMENT TO WATER TANK& GROUND SPACE LEASE
This First Amendment to Water Tank & Ground Space Lease ("Amendment"),
made this 5� day of N~ A-&—, 2016, modifies that certain Water Tank& j
a
Ground Space Lease dated February 1, 1999 ("Lease") by and between The City of y
Dubuque, Iowa acting by and through its City Council, whose address is 50 W. 13th
Street, Dubuque, Iowa 52001-4845 ("Lessor") and Dubuque Cellular Telephone, L.P., a
Delaware limited partnership, having an address Attention: Real Estate Lease
Administration, 8410 West Bryn Mawr Avenue, Chicago, Illinois, 60631 ("Lessee").
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WHEREAS,pursuant to the Lease, Lessor has leased to Lessee certain attachment
locations on Lessor's water tower for Lessee's cellular common carrier mobile radio j
station operations and ground space (the "Site") located at 1575 West Third Street,
Dubuque, Iowa 52001
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WHEREAS, the Lessee is looking to modify its equipment ("Modifications") to
increase the Lessee's antenna count from twelve (12) to fourteen (14) antennas and the
Lessor is agreeable to Lessee's request.
NOW, THEREFORE, in consideration of the terms of the Lease and this
Amendment, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,Lessor and Lessee agree as follows:
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I. All references in the Lease to the word "antennae" is hereby deleted and
replaced and will be referred to as antenna or antennas. j
II; The Language in Lease Section 3 remain in force, except the following
changes:
(i) Effective the first full month after commencement of the Modifications,
the rent will increase to Twenty-Three Thousand One Hundred Eleven
Dollar and 16/00 ($23,111.16)per year.
(ii) The following sentence will be added to end of sub-section 3a: Rent for
any partial year will be prorated.
111. Subsection a of Lease Section 4, Use of the Premises, is hereby deleted and
replaced with the following:
a. Lessee shall use the Premises for the installation, operation, and
maintenance of its Wireless Telecommunications Antenna Facility
for the transmission, reception and operation of a communications
system and uses incidental thereto and for no other uses. Lessee
may erect and operate fourteen (14), panel-type, directional
antennas. Lessor may permit others to use other portions of the
Catwalk or the owned Premises.
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Site Name: Dubuque DT Site Number: 355307
IV. Lease Exhibit C is hereby deleted and replaced with the attached Amendment
Exhibit C-1.
V. If the Modifications contemplated in this Amendment do not by commence by
November 30, 2016, then the terms of this Amendment will be invalid and the
rent will remain at its current rate prior to the execution of this Amendment.
VI. Except as amended herein, all other terms of the Lease remain unchanged and
in full force and effect.
IN WITNESS WHEREOF, Lessor and Lessee have executed this First
Amendment as of the last signature date below.
LESSOR: LESSEE:
The City of Dubuque, Iowa Dubuque Cellular Telephone, L.P.
By: United States Cellular Operating
Company of Dubuque
Its: General Partner
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By: _. By
Narothum Saxena
Printed: V / r Printed: }
Title: / Title: Vice President
Date: �'c �S7Date: OCT 2 8 2016
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[NOTARY PAGE TO FOLLOW]
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Site Name: Dubuque DT Site Number: 355307
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, the undersigned, a notary public in and for the State and County aforesaid, do
hereby certify that , known to me to be the same person whose
name is subscribed to the foregoing First Amendment to Water Tower & Ground Space
Lease appeared before me this day in person and (severally)acknowledged that (he) (she)
(they) signed the said Lease as (his) (her) (their) free and voluntary act for the uses and
purposes therein stated.
Given under my hand and seal thi day of , 20'
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KEVIN S. FIRNSTAHL Notary P blic
_
COMMISSION NO.745295
r MY0 S 8N EXP1F?ES My commission expires
1p�^
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STATE OF ILLINOIS }
COUNTY OF COOK )
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1, the undersigned, a( taQihUuCYb16, i,an for the State and County aforesaid, do
hereby certify that , Vice President, for United States
Cellular Operating Company of Dubuque known to me to be the same person whose a
name is subscribed to the foregoing First Amendment to Water Tower & Ground Space
Lease appeared before me this day in person and acknowledged that, pursuant to his
authority, he signed the said Lease as his free and voluntary act on behalf of the named
Tenant, for the uses and purposes therein stated.
Given under my hand and seal this day of 20[k,
OFFICIAL SEAL
MAGDALENA RAMOS Notary Public
Notary Public•State of Illinois
My Commission Expires May 28,2018 My commission expires MAY 2 8 2018
U.S.Cellul-ax h
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Site Name: Dubuque DT Site Number: 355307
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Site Name: Dubuque DT Site Number: 355307
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PROPOSED ANTENNA ASSIGNMENT
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