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I q0 3 -0255 <br /> Site Name: Broadway Site ID#: SM3XC209 <br /> SECOND AMENDMENT <br /> TO OPTION AND SITE LEASE AGREEMENT <br /> This Second Amendment to Option and Site Lease Agreement (this "Amendment"), is made effective as of the <br /> date last signed below ("Effective Date"), by and between Sam S. Sadis, an unmarried man, ("Lessor") successor-in- <br /> interest to Majestic View Apartments, LLC, successor-in-interest to William H. Harnecker and Kathryn K. Harnecker, <br /> husband and wife, and Sprint Spectrum Realty Company, L.P., a Delaware limited partnership ("Lessee" or "Sprint), <br /> successor-in-interest to Sprint Spectrum L.P., a Delaware limited partnership, successor-in-interest to Qwest Wireless., <br /> LLC, a Delaware limited liability company, successor-in-interest to USWEST Communications Wireless Group, a <br /> division of USWEST Communications, Inc. a Colorado corporation. <br /> BACKGROUND <br /> WHEREAS, Lessor's predecessor-in-interest and Lessee's predecessor-in-interest entered into that certain Option <br /> and Site Lease Agreement dated January 10, 1997 as addended to by that certain Addendum to Option and Site Lease <br /> Agreement dated January 10, 1997,and as amended by that certain First Amendment to Option and Site Lease Agreement <br /> dated December 21, 2005 (collectively, the "Agreement") concerning a portion of the real property located at 2517 <br /> Howard Avenue, Everett,WA, Snohomish County,State of Washington. <br /> WHEREAS, Lessee desires to modify its installation on the Site by adding or swapping out antennas and other <br /> equipment to the Communication Facilities, as more particularly described in Exhibit B-1 annexed hereto, and Lessee and <br /> Lessor desire to modify the provisions of the Agreement as provided below. <br /> AGREEMENT <br /> For good and valuable consideration the receipt and sufficiency of which are acknowledged, Lessor and Lessee <br /> agree as follows: <br /> 1. Modification to the Communication Facilities.The Site Information Sheet attached to the Agreement is hereby <br /> amended to include the modifications identified on Exhibit B a copy of which is attached and made a part hereof. Exhibit <br /> B supplements the Site Information Sheet to the Agreement, and shall not be deemed to supersede or otherwise modify <br /> Site Information Sheet or any part thereof except to the extent specifically set forth in Exhibit B. Upon full execution of <br /> this Amendment, Lessee is permitted to do all work necessary to prepare, maintain and alter the Site to install or otherwise <br /> modify the Communication Facilities,all as more fully described and contemplated in Exhibit B. <br /> 2. Modification to Rent. Pursuant to the terms of the Agreement, Lessee is not obligated to increase the monthly <br /> rent in order to obtain consent for proposed site modifications. Notwithstanding the foregoing and notwithstanding <br /> anything to the contrary contained in Section 5 of the Agreement entitled"Rent", commencing on August 1,2013, Lessee <br /> shall pay to Lessor monthly rent as follows: <br /> IMper month starting August 1, 2013 through March 30, 2016; <br /> per month for five(5)years starting April 1,2016; <br /> aper month for five(5)years starting April 1,2021. <br /> I `� <br />