FIRST AMENDMENT TO LAND LEASE AGREEMENT
THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT (“First
Amendment”) is made and entered into on this ____ day of ________________, 2025, by and between City of Fairfield, a municipal corporation (“Landlord”) and T- Mobile West LLC, a Delaware limited liability company , successor-in-interest to Omnipoint Communications, Inc., a Delaware corporation (“Tenant”) (collectively “the Parties”).
Recitals
The Parties hereto recite, declare and agree as follows:
A. Landlord and Tenant entered into that certain LAND LEASE AGREEMENT, dated September 4, 2007, (the “Lease”) with respect to certain real property located at Peabody & Cement Hill Road, in the City of Fairfield (Assessor Parcel Number 0166 -102-100, previously 0167-301- 040) (the “Premises”).
B. The current term of the Lease will expire on September 3, 2027, and the Parties wish enter into this First Amendment now in order to amend part the Lease in anticipation of such expiration.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that certain terms of the Lease shall be amended as follows:
1. Term. Effective on September 4, 2027, and provided the Tenant has abided by the terms and conditions of this Lease and is not in default hereunder beyond all applicable notice and cure periods, then the Lease shall be amended as follows:
(a) . The Term of this Lease, as hereby amended , shall be extended for an additional five (5) years commencing on September 4, 2027 (“Extension Commencement Date”) and
shall terminate five (5) years following the Extension
Commencement Date unless sooner terminated as herein
provided (“Initial Extended Term”).
(b) The Initial Extended Term shall be automatically extended for four (4) additional periods of five (5) years each (each an “Extended Term” or “Renewal Term”), provided
Tenant has abided by the terms and conditions of this Lease and is not in default hereunder beyond all applicable notice and cure periods.
TMO Signatory Level: L06
NLG-110812
Docusign Envelope ID: 349FAD53-DC7B-4176-8010-A4864A4EFFB6
Notwithstanding the foregoing, if Tenant does not wish to extend the Lease for an Extended Term, it shall give written notice to that effect to Landlord at least thirty (30) days before the expiration of the then current term.
2. Rent. Effective on September 4, 2027, and provided that Tenant has abided by the terms and conditions of this Lease and is not in default hereunder beyond all applicable notice and cure periods, the Lease shall be amended as follows:
(a) Base Rent. Tenant agrees to pay Landlord, as Base
Rent for the leased Premises during the Initial Extended Term, the annual sum of Twenty -One Thousand One
Hundred Fifty- Nine Dollars ($ 21,159.00) (“Base Rent”) payable in equal monthly installments of One Thousand
Seven Hundred Sixty-Three Dollars and Twenty-Five Cents ($1,763.25) (“Monthly Rent”) in advance on or before the first (1 st) day of each calendar month during the Primary Term hereof at the address set forth in Section 9.
(b) Extended Term Rent . Commencing with the first
(1st) year of any Extended Term following the Initial
Extended Term and on each anniversary of such date
thereafter, Tenant shall pay the then current Base Rent, increased by three and one-half (3½) percent.
3. Notice. Section 9 of the Lease is hereby amended to read in its entirety as follows:
All notices or demands are deemed to have been given or made when delivered in person or delivered by certified or registered mail, return receipt requested, postage prepaid, United States mail, or by reliable overnight courier and addressed to the respective parties as follows:
LANDLORD:
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Attn:
Economic Development
Specialist
TENANT:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance
Site No.: BA10022A
TMO Signatory Level: L06
NLG-110812
Docusign Envelope ID: 349FAD53-DC7B-4176-8010-A4864A4EFFB6
4. Terms; Conflicts. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this First Amendment and not herein defined shall have the same meanings ascribed thereto in the Lease. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of t he Lease and this First Amendment, the terms and conditions of this First Amendment will govern and control.
5. Approvals. Each party hereby represents and warrants to the other that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third- party consent or approval is required, the affected party has obtained any and all such consents or approvals.
6. Authorization. The persons who have executed this First Amendment represent and warrant that they are duly authorized to execute this First Amendment in their individual or representative capacity as indicated.
IN WITNESS WHEREOF, the Parties have executed this First Amendment on the day and year first written above.
LANDLORD:
City of Fairfield,
a municipal corporation
By:
Name: David Gassaway
Title: City Manager
Date:
TENANT:
T-Mobile West LLC, a Delaware
limited liability company
By:
Name:
Title:
Date:
TMO Signatory Level: L06
NLG-110812
Docusign Envelope ID: 349FAD53-DC7B-4176-8010-A4864A4EFFB6 Geri Roper
4/23/2025
Director