1 THIRD AMENDMENT TO LAND LEASE AGREEMENT
THIS THIRD AMENDMENT TO LAND LEASE AGREEMENT (“Third Amendment”) dated as of this day of , 2025 is by and between the City of Fairfield, a municipal corporation, having a mailing address of 1000 Webster Street, Fairfield, CA 94533 (“Landlord”) and T-Mobile West LLC, a Delaware limited liability company, formerly known as T-Mobile West corporation, as successor -in-interest to Omnipoint Communications, Inc. (“Tenant”).
WHEREAS, Landlord and Tenant entered into a Land Lease Agreement dated September 5, 2006, a First Amendment to Land Lease Agreement dated April 18, 2013 (“First Amendment”), and a Second Amendment to Land Lease Agreement dated October 31, 2016 (“Second Amendment”) whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located in the City of Fairfield, Solano County, 2550 Hilborn Road, also identified as Assessor’s Parcel No. 0156-130-140 & 0156-140-110 (collectively, the "Lease"); and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. Section 2, “Use,” is amended to add the following subsections (f) and (g):
(f) Tenant understands that telecommunications facilities of all types, regardless of ownership or operator, shall comply with City of Fairfield Municipal Code Section
25.33. (g) Tenant must ensure that its operations do not exceed the City’s maximum allowable radio frequency electromagnetic emissions specific absorption rate (SAR) exposure at the perimeter of the Premises, which shall be equal to, or less than, 100 percent of the radiofrequency radiation exposure limits in 47 CFR 1.1310 without any mitigation, controls, or specialized safety training.
2. Section 3, “Construction Plans” is renamed “Construction and Modification Plans” and is amended to add the following subsections (a) and (b):
(a) For wireless facilities subject to 47 CFR 1.6100(c)(2), Tenant agrees that the “shot clock” begins with a submittal to the Planning Director via the City’s online electronic submittal system. The “shot clock” will be tolled if the submittal is incomplete. A completed submittal includes the following:
(i) Completed planning application with fees.
(ii) Completed legal description and plat, signed and sealed by a professional land surveyor licensed by the State of California, of the Premises or proposed modifications to the Premises.
TMO Signatory Level:L06
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Docusign Envelope ID: 8F7BD6B7-E3F9-43AD-8531-BE172CE0023C 2 (iii) Completed building permit application with “construction ready” improvement plans and fees.
(iv) Completed encroachment permit application with “construction ready” improvement plans and fees.
(v) Completed RF/EME exposure evaluation report demonstrating that the SAR exposure meets the City’s maximum allowable exposure limits at the perimeter of the Premises which are in alignment with FCC allowable human exposure limits.
Exposure diagrams shall show the variation in exposure resulting from changes in elevation surrounding the emission source(s) and show the limits of the Premises relative to the emissions source. All diagrams shall be prepared using a minimum scale of 1 inch = 20 feet and include topographic contours with elevation labels. (
b) Tenant must obtain Landlord’s written consent prior to conducting any activity, including, but not limited to, excavation or deployment of transmission equipment, on Landlord’s property outside of the Leased Premises.
3. S
ection 4, “ Term,” is amended to add the following language to the end of subparagraph (b) (“Extended Terms”):
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rior to expiration of the Lease on August 3, 2026, Tenant is granted the option to extend the term of the Lease for one (1) additional five (5) year Extended Term and three (3) additional five (5) year Extended Terms, provided Tenant is not in default beyond all applicable cure periods under the Lease. Such Extended Terms shall each renew automatically unless Tenant delivers written notice that it does not wish to extend the term thereof to Landlord at least thirty (30) days before expiration of the then current Extended Term.
4. S
ection 5, “ Rent,” is hereby amended to add the following language at the end of subparagraph (a) (“Base Rent”):
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ffective August 4, 2026, the Monthly Rent that Tenant pays Landlord will be increased to Three Thousand Dollars and No Cents ($3,000.00).
5. S
ection 5, “Rent,” is hereby amended to remove subparagraph (b) (“ Extended Term Rent”) in its entirety and replace it with the following subparagraph (b) (“ Extended Term Rent”):
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ommencing with the first day of the first year of any Extended Term and on each annual anniversary thereafter, Tenant shall pay the then -current Base Rent, increased by THREE PERCENT (3%).
6. Section 9, “Notice,” is hereby deleted in its entirety and replaced with the following:
Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and TMO Signatory Level:L06
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Docusign Envelope ID: 8F7BD6B7-E3F9-43AD-8531-BE172CE0023C 3 received, refused or returned undelivered. Notices will be addressed to the parties as follows.
L
ANDLORD: City of Fairfield
1000 Webster Street, 2nd Floor
Fairfield, CA 94533
Attn: Real Estate Specialist
TE
NANT: T-Mobile USA, Inc.
12920 S.E. 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/BA10459A
7. S
ection 11, “Non-interference,” is amended to delete subsection (a) in its entirety and replace it with the following:
(a) T
enant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") requirements and in a manner that will not cause interference to Landlord, including to City radio communications, or other lessees or licensees of the Property, provided that any such installations predate that of the Tenant Facilities.
8. S
ection 11, “Non-interference,” is amended to add the following subsection (c):
(
c) Notwithstanding subsection (b), Tenant shall not prevent Landlord from operating, maintaining, replacing, or removing existing or future City facilities and property. City employees and the general public shall be able to move freely outside the lease limits without warnings, prohibitions, safety protection measures, or specialized safety training.
9. Oth
er Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Third Amendment, the terms of this Third Amendment shall control.
Except as expressly set forth in this Third Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Third Amendment. The rights granted to Tenant herein are in addition to and not intended to limit any rights of Tenant in the Lease.
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apitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease.
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SIGNATURES ON FOLLOWING PAGE]
TMO Signatory Level:L06
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Docusign Envelope ID: 8F7BD6B7-E3F9-43AD-8531-BE172CE0023C 4 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Third Amendment on the dates set forth below.
LANDLORD: TENANT:
City of Fairfield, a municipal T-Mobile West LLC,
corporation a Delaware limited liability company
By: By:
Print Name: David Gassaway Print Name:
Its: City Manager Its:
Date: Date:
TMO Signatory Level:L06
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Docusign Envelope ID: 8F7BD6B7-E3F9-43AD-8531-BE172CE0023C Geri Roper
Director
3/25/2025