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• <br /> WHEREAS, Lessor and Lessee desire to amend the Lease on the terms and conditions <br /> contained herein. <br /> NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br /> which are acknowledged, Lessor and Lessee agree as follows: <br /> 1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing <br /> recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in <br /> the Lease. <br /> 2. Section 5 RENEWAL: of the Lease is hereby deleted in its entirety and the <br /> following is inserted in its place: <br /> 5.RENEWAL: Lessee shall have the option to renew this Lease on the terms and <br /> conditions of the Lease for eight (8) five (5) year periods, with the final renewal <br /> period expiring on December 31, 2043 (each extension is referred to as a <br /> "Renewal Term"). The Initial Term and any Renewal Term shall be collectively <br /> referred to as the"Lease Term". The Lease Term shall automatically be extended <br /> for each successive Renewal Term unless Lessee notifies Lessor of its intention <br /> not to renew this Lease at least ninety(90) days prior to the expiration of the then <br /> current Lease Term in effect. <br /> 3. Section 3 USE: of the Lease is hereby deleted in its entirety and the following is <br /> inserted in its place: <br /> 3.USE: The Lessee shall use the property as follows: <br /> Pursuant to the Lease, one Monopole (capable of serving a minimum of at least <br /> two carriers, or three carriers if permitting issues allow), was constructed at each <br /> of the three Watertank Sites, (collectively the"Monopoles"). Lessee shall service <br /> the Monopoles to maintain integrity and safety as long as this Lease remains in <br /> force. Lessee will retain ownership of and liability for the Monopoles until the <br /> expiration or earlier termination of this Lease when the ownership of the <br /> Monopoles constructed hereunder shall, at Lessor's option, upon thirty (30) days <br /> written notice to Lessee, vest in the City of Everett or otherwise remain the <br /> property of Lessee. Except for users of the Watertank Sites existing as of <br /> December 31, 2013, any unaffiliated third party seeking space on the Monopoles <br /> constructed by Lessee hereunder("Future Collocator")shall submit an application <br /> to Lessee, and Lessee shall provide Lessor written notice of any Future Collocator <br /> that makes such application to Lessee commencing January 1, 2014. Any Future <br /> Collocator shall (i) enter into a lease agreement with City of Everett for such <br /> rights, and all revenue generated by said lease agreement shall be the sole <br /> property of the City of Everett; and (ii) enter into a "tower only" use agreement <br /> Site Names: 2 <br /> Everett Mall-Burley;Everett Monopole;Everett Water Tank <br /> Business Unit#s: <br /> 823966;823967;823968 1 0 1 <br />