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TO LEASE AGREEMENT
This Second .Amendment to the Lease Agreement for Telecommunications is entered this ~ day of
2010, ("Effective Date") between the Board of Education of
Montgomery County, governing body of the Montgomery County Public Schools ("Landlord") and Comcast of Potomac, LLC telecommunications
a Comcast Cablevision of Potomac L.L.c. ("Tenant"), for a
facility at the Woodwards Road School Site at Emory Grove Road,
Gaithersburg, Maryland. Landlord and Tenant hereby agree to modify the Lease ","-\greementfor Telecommunications previously entered by the parties and dated September 20, 2003 ("the
Lease") and further modified by the First Amendment to Lease Agreement dated September 24, 2008, as follows: 1 Paragraph 1 of the Lease is amended to reflect that Tenant has modified and
expanded the portion of the fenced enclosure in which Tenant had installed certain ground equipment to support its telecommunication and broadcast operations. l\ccordingly, the second
paragraph of Paragraph 1 is stricken and in its place the following provision is inserted:
The Leased Premises specifically monopole exclude ("Sprint
of the entire area depicted ("Sprint)has
on Exhibit A but constructed a
the area on which APC Realty Monopole') and Sprint equipment
and other telecommunication compounds within thefenced Enclosure
providers equipment part
("Co-Locators,) area ("Fenced
have constructed Enclosure).
of the Fenced
of the Leased Premises on "Exhibit Landlord
of this Tenant is the portion is attached
in RED and represented
A-J REV" which
to this lease and made a part hereof telecommunication a lease ofground providers are granted
and Tenant agree that
the right to co-locate
on the Sprint Monopole,
space will be granted
for their ground equipment. Tenant shall bear no responsibility or liability for the ground .space leased to the Co-Locators.
In further consideration
of modifying the Lease, Tenant agrees to remove all of
its Comcast equipment, including antennae, satellite dishes, and other items, from the Sprint Monopole and from the portion of the Fenced Enclosure that is not part of its Leased Premises.
The following provision is inserted as Paragraph 8 of the Lease:
(a) All utility and other easements serving the Leased Premises must be formally approved by the Landlord as property owner. The parties . acknowledge that certain utility lines on the Premises currently serve the operations of Tenant and Co-locators on the school site. Any changes in the location of a utility easement shall require written approval of Landlord and shall be duly recorded. (b) Tenant agrees that it shall use a qualified utility location service to locate all utilities before Tenant or its contractors undertake any construction
activities on the Leased Premises. (c) Landlord shall have the right to relocate any easements on at least ninety (90) days' prior written notice. If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Landlord's expense and shall be conducted in such a manner so as to minimize any disruption to Tenant's operations under this Lease.
The above amendments are made a part of the original Lease as of the Effective
Date. The other unchanged provisions of the Lease and previous amendments remain in full force and effect.
IN WITNESS WHEREOF,
the parties have caused this Amendment to be executed by their
The Board of Education of Montgomery County
~-Jerry D. Weast, Ed. D. Superintendent of Schools
Comcast of Potomac, LLC
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