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SECOND AMENDMENT TO GROUND LEASE AGREEMENT <br /> THIS SECOND AMENDMENT TO GROUND LEASE AGREEMENT <br /> ("Second Amendment"), dated as of the latter of the signature dates below, is by and <br /> between the Village of Elk Grove Village, an Illinois Municipal Corporation, having a <br /> mailing address of 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499 <br /> (hereinafter referred to as "Landlord") and the New Cingular Wireless PCS, LLC, a <br /> Delaware limited liability company, successor-in-interest to AT&T Wireless PCS, Inc., a <br /> Delaware Corporation, having a mailing address of 12555 Cingular Way, Suite 1300, <br /> Alpharetta, Georgia 30004 (hereinafter referred to as "Tenant''). <br /> WHEREAS, Landlord and Tenant's predecessor-in-interest entered into a certain <br /> Ground Lease Agreement dated January 3, 1997, and Addendum dated January 3, 1997, <br /> and First Amendment to Ground Lease Agreement dated January 27, 2009 whereby <br /> Landlord leased to Tenant certain Premises, therein described, that are a portion of the <br /> Property located at 1060 Oak-ton Street, City of Elk Grove Village, Cook County, Illinois <br /> 60007 ("Agreement"); and <br /> WHEREAS, Tenant desires to sublease a portion of the Premises to Cricket <br /> Communications, Inc. ("Subtenant''), for the installation of Subtenant's communications <br /> equipment and antennas and Landlord is willing to approve of the sublease under the <br /> terms and conditions contained herein; and <br /> WHEREAS, Tenant desires to compensate Landlord ("Additional Rent") in <br /> exchange for Landlord's consent to the sublease between Tenant and Subtenant; and <br /> i <br /> WHEREAS, Landlord and Tenant desire to amend the Agreement to reflect an <br /> increase in rent. <br /> WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the <br /> Agreement as set forth below accordingly. <br /> i <br /> NOW, THEREFORE, in consideration of the foregoing and other good and <br /> valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br /> Landlord and Tenant agree as follows: i <br /> 1. SUBLEASE. Tenant may sublease a portion of the Premises to Subtenant <br /> upon such terms and conditions as Tenant and Subtenant shall agree in a <br /> sublease agreement (the "Sublease"). i <br /> i <br /> 2. Section 2, Additional Rent of the First Amendment to Ground Lease <br /> Agreement dated January 27, 2009 is deleted in its entirety and replaced with <br /> the following: <br /> I <br />