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THIRD AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT THIS THIRD AMENDMENT TO WIRELESS COMMUNICATION FACILITY AGREEMENT ("Amendment"), dated as of the latter of the signature dates below, is by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 ("CITY") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia, 30324 (now known as "AT&T Mobility"). WHEREAS, CITY and AT&T Mobility entered into a Wireless Communication Facility Agreement dated August 4, 2003, as further amended by Amendment to Lease dated August 26, 2003, as further modified by Second Amendment to Wireless Communication Facility Agreement dated May 28, 2010, whereby CITY leased to AT&T Mobility certain premises, therein described, that are a portion of the property located at 608 Residence Street, Moscow, Idaho, 83843 ("Agreement"); and WHEREAS, CITY and AT&T Mobility desire to amend the Agreement allow for the installation of additional antennas, associated cables and other communications instruments; and WHEREAS, CITY and AT&T Mobility desire to adjust the annual monetary fee as set out herein in conjunction with this Amendment; and WHEREAS, CITY and AT&T Mobility desire to amend the Agreement to permit AT&T Mobility to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services; and WHEREAS, CITY and AT&T Mobility, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and AT&T Mobility agree to amend the Agreement as follows: 1. Additional Antennas. In addition to the other antennas permitted in the Agreement, CITY consents to the installation and operation of additional antennas, not to exceed three additional antennas for a total of twelve (12) antennas, associated cables and equipment as more completely described on the attached Exhibit B-1 to this Amendment. CITY' s execution of this Amendment will signify CITY' s approval of Exhibit B-1. Exhibit B-1 supplements Exhibit B and Exhibit A-1 to the Agreement. THIRD AMENDMENT To WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY PAGE 1OF15 2.Dl lt>-014- ---PAGE BREAK--- 2. Annual Monetary Fee. Commencing the first day of the month following the date that AT&T Mobility commences construction of the modifications authorized by and set forth in this Amendment, the annual monetary fee shall be increased by Six Hundred Dollars ($600) per month, for an additional Seven Thousand Two Hundred dollars ,200) per year, through the remaining term of the Agreement, subject to further adjustments as provided in the Agreement. Upon AT&T Mobility's removal of additional antennas, the annual monetary fee will revert to the original rate, subject to adjustments as provided in the Agreement, upon thirty (30) days' prior written notice to CITY. 3. Notices. Section 17 of the Agreement is hereby deleted in its entirety and shall be replaced with the following: Notices. All notices, requests, demands and communications hereunder will be given by first class certified mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when the properly sent and received, refused or returned undelivered. Notices shall be addressed to the parties as follows. Ifto CITY: City of Moscow Ifto AT&T New Cingular Wireless PCS, LLC Jesse Flowers Attn: IS Department P 0 Box 9203 Moscow, ID 83843 MOBILITY: With copy to: Attn: Network Real Estate Administration Re: Cell Site# WA1035 Cell Site Name: NE Moscow FixedAsset#: 10037177 575 Morosgo Drive Atlanta, GA 30324 New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site# W A l 035 Cell Site Name: NE Moscow Fixed Asset#: 10037177 208 S. Akard Street Dallas, Texas 75202-4206 4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains and shall remain in full force and effect following execution of this Amendment. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. THIRD AMENDMENT To WIRELESS COMMUNICATION FACILITY AGREEMENT-AT&T MOBILITY AND CITY PAGE 2OF15 ---PAGE BREAK--- IN WITNESS WHEREOF, the parties have caused this Third Amendment to be effective as of the last date written below. CITY: City of Moscow, Idaho a municipal corporation of the State of Idaho By: {?Xu Cfo.M(wfj-- Print Name: Bill Lambert Its: Mayor Date: ATTEST: STATE OF OREGON ) ) SS. COUNTY OF Notary Seal THIRD AMENDMENT To WIRELESS COMMUNICATION FACILITY AGREEMENT- AT&T MOBILITY AND CITY AT&T Mobility: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Nfil}; wZ[JL /7i'\ WX Y- \ (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Oregon My Commission expires: _ f) OFFICIAL STAMP WAYNE NEWBURY NOTAAY´UBLIC.()A£QON COMMISSION NO. 94'5'5 MY COMMISSIOH fXPIAES FEBAUAAY 15, 2olo' GE 3 OF 15 ---PAGE BREAK--- di :B Õ ' PR.OJF.CT INFOR.MATION ÚïðÛ;ì ×;Ø,Ù ł!'i.i!l.-r"'t Q 'llDIOoiP . ...cu = ÝÞw=ßN· ʜʝ ʞk' ʟ "-ʠIOilloC. WllX' ʢ , L«otuc˵'lr..=.roC.l!!I _l _ 117" !Ill ;-1>7.«lll U'l"•W" fWE! N!!MBEft (Sl !J,,l.i Pll.OjE,Cl'"llAM ˀZ:,ˁ) 1111).-:'?ll l ʌʍ :·1ˠˡ lo t U• ʄ ' i. ' i . 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