City Council Agenda and Packet 2019 08 06

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Site ID DN03468E Site Name Louisville Recreation and Senior Center SECOND AMENDMENT TO SITE LEASE WITH OPTION THIS SECOND AMENDMENT TO SITE LEASE WITH OPTION (the "Second Amendment") is entered into effective as the date of execution by the last party to sign ("Effective Date"), by and between City of Louisville, a Colorado home rule municipal corporation ("Landlord"), and T-Mobile West LLC, a Delaware limited liability company, as successor -in - interest to VoiceStream PCS [1 Corporation, a Delaware corporation ("Tenant"). RECITALS WHEREAS, Landlord and Tenant (or their predecessors in interest) entered into that certain Site Lease with Option dated June 23, 2004 (including all amendments, the "Lease"), whereby Landlord leased to Tenant certain premises described therein ("Premises"), that are a portion of the property located at 900 W. Via Appia, Louisville, Colorado (the "Property"); and WHEREAS, Landlord and Tenant (or their predecessors in interest) adopted a First Amendment to the Lease, effective January 7, 2005, for the purpose of replacing Exhibit B to the Lease (Location of Premises within the Property); and WHEREAS, Landlord recently made improvements to the Property that impacted Tenant's equipment installed within its leased Premises; and WHEREAS, Landlord has reviewed information relating to the costs of the impacts provided by the Tenant which it finds to be credible and reliable; and WHEREAS, Landlord and Tenant desire to further amend the Lease to provide Tenant an abatement of rent in consideration of the costs to Tenant to relocate its Antenna Facilities within the Premises; and WHEREAS, Landlord and Tenant desire to further amend the Lease by replacing the Revised Exhibit B with a Second Revised Exhibit B; and WHEREAS, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties, in their mutual interest, wish to amend the Lease on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Section 4. (Rent) of the Lease is hereby amended starting on line 5 of the paragraph, after "• Year 3 and thereafter - $1,354.00 per month" by inserting the following: • Beginning on December 1, 2028 — $1,982.39 per month • Beginning on Jane 23, 2029 — $2,180.63 per month 45