RESOLUTION NO. 2013-10R

A RESOLUTION OF IVINS CITY, UTAH, AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH BAJA BROADBAND OPERATING COMPANY, LLC

WHEREAS , Baja Broadband Operating Company, LLC (“Baja”) currently has a Lease Agreement with Ivins City for a vault housing some of its infrastructure and equipment at the location of approximately 400 East and Center Street in Ivins City; and

WHEREAS , Baja has entered into an Asset Purchase Agreement with Telephone and Data Systems, Inc. (“TDS”) whereby Baja has agreed to transfer and assign to TDS Baja Broadband LLC (“TDS Baja”), a Delaware limited liability company indirectly wholly-owned by TDS, substantially all of the assets comprising its cable television systems located in Arizona, Colorado, Texas, Nevada, New Mexico, and Utah, including the above-described Lease Agreement with Ivins City; and

WHEREAS , Baja and TDS Baja would like to extend the term of the Lease Agreement for a period of five (5) years and to increase the monthly rent thereunder from $525 per month to $550 per month; and

WHEREAS , Ivins City is willing to approve and enter into the attached First Amendment to Lease Agreement which reflects the assignment, extension and increase in monthly rental;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IVINS CITY, STATE OF UTAH, AS FOLLOWS:

1. That the attached First Amendment to Lease Agreement with Baja and TDS Baja is hereby approved by the City Council and the Mayor and City Recorder are authorized to sign said agreement and this Resolution.

Effective Date: This Resolution shall become effective immediately upon adoption by the City Council.

PASSED AND ADOPTED BY THE IVINS CITY COUNCIL, STATE OF UTAH, ON THE 18th DAY OF APRIL, 2013, BY A UNANIMOUS VOTE. ALL COUNCIL MEMBERS WERE PRESENT AT THE MEETING AND VOTED IN FAVOR.

Resolution No. 2013-10R, First Amendment to Lease Agreement with Baja Broadband Operating Company, LLC