Page 1 of 2 Lessee Site ID: 7WAC315N THIRD AMENDMENT TO DEED OF LEASE This Third Amendment to Deed of Lease (“Third Amendment”), is made this 14 th day of September 2021 by and between the TOWN OF HERNDON, VIRGINIA, a municipal corporation, (“Town”) and T- MOBILE NORTHEAST LLC, a Delaware limited liability company (“Lessee”). WHEREAS, Town and Lessee entered into that certain Deed of Lease dated May 5, 2009, as amended by the First Amendment to Deed of Lease dated June 9, 2015, as amended by the Second Amendment to Deed of Lease dated January 29, 2019 (collectively referred to herein as the “Lease”) whereby the Town leased to Lessee a portion of the Town’s property and space on the Alabama Drive Water Tower located at 624 Alabama Drive, Herndon, Fairfax County, Virginia 20170 (the “Premises”); and known as Site Number 7WAC315N to Lessee; and WHEREAS, Town and Lessee desire to amend the Lease as follows; and WHEREAS, Town and Lessee hereby affirm that, as of the date hereof: (i) no breach or default by Town or Lessee occurred; and (ii) the Lease, and all the terms, covenants, conditions, provisions and agreements thereof, except as expressly modified by this Third Amendment are in full force and effect, with no defenses or offsets thereto. NOW THEREFORE, in consideration of the mutual covenants contained in the Lease and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Lessee hereby agree as follows: 1. All capitalized terms shall have the meaning ascribed to them in the Lease unless otherwise defined in this Third Amendment. 2. Exhibit B-1 is deleted in its entirety and replaced with Exhibit B dated September 14, 2021, Exhibit C-2 is deleted in its entirety and replaced with Exhibit C dated September 14, 2021, both are attached hereto and incorporated herein. 3. Lessee is hereby granted the modification of its premises description as described in Exhibit B dated September 14, 2021 and its equipment list as described in Exhibit C dated September 14, 2021, both attached hereto and incorporated herein. 4. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Third Amendment. 5. This Third Amendment will be binding on and inure to the benefit of the parties herein, their heirs, executors, administrators, successors-in-interest and assigns. 6. Lessee represents and warrants to Town that the consent or approval of any third party has either been obtained or is not required with respect to the execution of this Third Amendment. 7WAC315N_NLG-36100_AMD_L600_CMP5_4941002_118009 DocuSign Envelope ID: 2CCEE49B-DDE8-4960-A736-BAFF1D58F6E0
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Page 1 of 2
Lessee Site ID: 7WAC315N
THIRD AMENDMENT TO DEED OF LEASE
This Third Amendment to Deed of Lease (“Third Amendment”), is made this 14th day of September 2021 by and between the TOWN OF HERNDON, VIRGINIA, a municipal corporation, (“Town”) and T-MOBILE NORTHEAST LLC, a Delaware limited liability company (“Lessee”).
WHEREAS, Town and Lessee entered into that certain Deed of Lease dated May 5, 2009, as amended by the First Amendment to Deed of Lease dated June 9, 2015, as amended by the Second Amendment to Deed of Lease dated January 29, 2019 (collectively referred to herein as the “Lease”) whereby the Town leased to Lessee a portion of the Town’s property and space on the Alabama Drive Water Tower located at 624 Alabama Drive, Herndon, Fairfax County, Virginia 20170 (the “Premises”); and known as Site Number 7WAC315N to Lessee; and
WHEREAS, Town and Lessee desire to amend the Lease as follows; and
WHEREAS, Town and Lessee hereby affirm that, as of the date hereof: (i) no breach or default by Town or Lessee occurred; and (ii) the Lease, and all the terms, covenants, conditions, provisions and agreements thereof, except as expressly modified by this Third Amendment are in full force and effect, with no defenses or offsets thereto.
NOW THEREFORE, in consideration of the mutual covenants contained in the Lease and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Lessee hereby agree as follows:
1. All capitalized terms shall have the meaning ascribed to them in the Lease unless otherwise definedin this Third Amendment.
2. Exhibit B-1 is deleted in its entirety and replaced with Exhibit B dated September 14, 2021, ExhibitC-2 is deleted in its entirety and replaced with Exhibit C dated September 14, 2021, both areattached hereto and incorporated herein.
3. Lessee is hereby granted the modification of its premises description as described in Exhibit Bdated September 14, 2021 and its equipment list as described in Exhibit C dated September 14,2021, both attached hereto and incorporated herein.
4. Each of the parties represent and warrant that they have the right, power, legal capacity andauthority to enter into and perform their respective obligations under this Third Amendment.
5. This Third Amendment will be binding on and inure to the benefit of the parties herein, their heirs,executors, administrators, successors-in-interest and assigns.
6. Lessee represents and warrants to Town that the consent or approval of any third party haseither been obtained or is not required with respect to the execution of this Third Amendment.
7. Except as specifically amended herein, the remaining terms of the Lease shall remain in full forceand effect. To the extent any provision contained in this Third Amendment conflicts with the termsof the Lease, the terms and provisions of this Third Amendment shall prevail.
8. This Third Amendment may be executed in duplicate counterparts, each of which will be deemedan original.
TOWN:
TOWN OF HERNDON, VIRGINIA
BY: _________________________ Sheila A. Olem Mayor
ATTEST:
______________________________ Town Clerk
APPROVED AS TO FORM:
______________________________ Lesa J. Yeatts Town Attorney
LESSEE:
T-MOBILE NORTHEAST LLC
BY: ______________________________
NAME: ___________________________
TITLE: ____________________________
7WAC315N_NLG-36100_AMD_L600_CMP5_4941002_118009
TMO Legal
Digitally signed by TMO Legal Date: 2021.08.06 09:13:26 -04'00'
