1 TMO / Sprint Site ID: LA02084A
TMO / Sprint Lease ID: 100798
FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
This First Amendment to Communications Site Lease Agreement (the “First Amendment”) is effective as of the last signature below (the “Effective Date”), by and between the City of Hawaiian Gardens, a California municipal corporation (“Lessor”), and T-Mobile West LLC, a Delaware limited liability company (“Lessee”) (each a “Party”, or collectively, the “Parties”).
WHEREAS, Lessor’s and Lessee’s predecessors-in-interest entered into that certain Communications Site Lease Agreement dated February 5, 1996 (the “Lease”) permitting Lessee’s use and occupancy of the leased premises therein defined (“Premises”) located at 21815 Pioneer Boulevard, Hawaiian Gardens, California 90716 (Assessor’s Parcel Number 7075-001-916) (the “Property”).
WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Lease to extend the term and make other changes as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows:
1. Incorporation of Recitals. The recitals set forth above are incorporated herein as if set forth in their entirety.
2. Extension of Term. As of the Effective Date of this First Amendment, Lessee occupies the Premises in its fifth and final Renewal Term, which shall expire on August 18, 2026 (“Expiration of Original Term”). At the Expiration of Original Term, the term of the Lease shall be automatically be extended for five (5) additional and successive five (5) year terms (collectively the “Extended Term”), each included as a Renewal Term, provided that Lessee is not in default beyond the expiration of any applicable notice and cure periods set forth in the Lease, and provided that Lessee may elect not to renew by providing Lessor at least sixty (60) days' notice prior to the expiration of the then current Renewal Term. Lessor may elect not to renew by providing Lessee at least three hundred sixty-five (365) days’ notice prior to the expiration of the then current Renewal Term.
3. Holdover. If Lessee is still conducting any activities or operations on the Property, or is otherwise using the Property without a written agreement with Lessor after expiration of the Renewal Terms, as provided herein, such possession or use shall be deemed a monthto-month holdover use under the same terms and conditions of the Lease, except that the Rent shall be one hundred twenty-five percent (125%) of the Rent in effect at the expiration of the Renewal Term, and shall be payable in advance in equal monthly installments. Nothing contained herein shall grant Lessee the right to holdover after the expiration of the Renewal Term and notwithstanding the payment of Lease fees during the Attachment A
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holdover period, Lessor shall have the right to require Lessee to vacate the Property at any time upon sixty (60) days written notice.
4. Rent Adjustment. Commencing on the first day of the month immediately following the Effective Date of this First Amendment, Lessee shall pay Lessor on or before the fifth (5th) day of each calendar month in advance Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) per month as Rent. In any partial month occurring after the Effective Date, Rent will be prorated. Each year on the anniversary of the Effective Date, the Rent shall increase annually by an amount equal to three percent (3%) over the amount of Rent in effect immediately prior to such increase. Rent shall be payable without offset or deduction in accordance with Section 5 of the Lease or to any other person or firm as Lessor may, from time to time, designate in writing at least sixty (60) days in advance of any Rent due date.
5. Signing Bonus. Within thirty (30) days of the Effective Date of this First Amendment. Lessee shall pay a one-time amount of Five Thousand Dollars and 00/100 Dollars ($5,000.00) (the “Signing Bonus”) to Lessor as partial reimbursement for Lessor’s proprietary costs and expenses incurred to process, finalize and execute this First Amendment . The Signing Bonus is non-reimbursable.
6. Interference. Section 7 of the Lease shall be amended in its entirety to read as follows:
7.1 Interference. Lessee acknowledges and understands that there may be communications facilities on Property belonging to one or more third parties (referred to as the “Prior User(s)”) that has entered into an agreement(s) (the “Prior Use Agreement(s)”) with Lessor, pursuant to which the Prior User(s) has(ve) been permitted to install and operate communications equipment on the Property. Where applicable, Lessee represents and warrants that prior to the execution of this First Amendment, Lessee has determined that the Prior Users present no material interference with Lessee’s intended use within the Premises.
7.2 Lessee shall operate Lessee’s Facilities in a manner that will not cause harmful interference to (i) the Lessor’s use of the Property, or (ii) any communications equipment operated and/or owned by the Prior User(s) as of the Effective Date, provided that the Prior User(s) operates its communications equipment in accordance with the terms of the Prior Use Agreement(s). If Lessee’s Facilities cause such harmful interference, Lessee will immediately take all steps necessary to correct and eliminate the interference, including but not limited to, at Lessee’s option, powering down such equipment and later powering up such equipment for intermittent testing. If such interference cannot be corrected or powered down within two (2) days after Lessee is advised of such interference, Lessor may require that Lessee cease (or cause the cessation of) operation of the interfering equipment until such interference can be so corrected at which time the operation of such equipment may resume.
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TMO / Sprint Lease ID: 100798
7.3 Lessor reserves the right to Lease other portions of the Property to third parties during the Renewal Term, if applicable. If, subsequent to the installation of Lessee’s Facilities, the new third-party equipment on the Property causes harmful interference with Lessee’s Facilities, Lessee shall use reasonable efforts to resolve the interference issues in cooperation with the owner and operator of the new equipment without involving Lessor personnel. If any such subsequent users cannot correct such harmful interference within ten (10) business days of Lessee’s written notification thereof to the subsequent user, Lessor shall use commercially reasonable efforts, as determined in Lessor’s reasonable discretion, to assist Lessee in resolving such harmful interference. If any such harmful interference is not thereafter resolved within ten (10) business days of Lessee’s written notification thereof to Lessor, Lessee may terminate this Lease upon sixty (60) days written notice to Lessor and obtain a refund of prepaid unused amounts of the Rent, or seek injunctive or other legal relief against/from such subsequent third party users. The refund shall be Lessee’s sole and exclusive remedy and recovery as against Lessor for any interference, and Lessee hereby waives any other rights or remedies it may have at law or in equity against Lessor related thereto. The parties recognize and agree that it is the intention of this Section 7 that Lessor not become embroiled in any disputes or proceedings between Lessee and any other users of the Property, and/or expend funds as a result thereof; therefore, Lessee agrees to indemnify, defend, and hold harmless the Lessor against any claim related to or arising from any disputes or proceedings between Lessee and any other users of the Property.”
7. Temporary Relocation. Lessee understands and agrees that from time to time during the Term, Lessor may require Lessee to remove and/or relocate all or portions of the Lessee’s Facilities from the Premises temporarily at Lessee’s expense in order for Lessor to exercise its paramount rights at the Property. Lessor shall give Lessee at least sixty (60) days prior written notice of the necessity to relocate the Lessee’s Facilities for the temporary period, and will use good faith efforts to provide temporary space at the Property, or another mutually acceptable Lessor-owned location for such temporary relocation; provided Lessee is not in default under the Lease beyond the expiration of applicable notice and cure periods set forth in the Lease. Lessee shall be solely responsible at its cost for obtaining any necessary permits and otherwise complying with all laws, permits, and other rules and regulations of any public entity applicable in connection with the temporary relocation of its Lessee’s Facilities. Notwithstanding any relocation, the Lease shall continue without abatement of the Rent unless Lessor is unable to provide space for temporary relocation and as a result Lessee is required to cease to operate its Lessee’s Facilities for a period of more than fourteen (14) days in which event Lessee shall be entitled to an abatement of the Rent equivalent to the number of full days in excess of fourteen (14) days during which Lessee was unable to operate its Lessee’s Facilities. Lessor will calculate and refund such abatement amount without interest within sixty (60) days after the end of the temporary relocation period.
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(a) At the end of the temporary relocation period, Lessee shall at its cost return the relocated Lessee’s Facilities to the Premises, unless the parties mutually agree that the Lessee’s Facilities may remain at the temporary location in which case the parties shall memorialize such agreement by an amendment to the Lease. Lessee shall have a right to terminate this Lease upon thirty (30) days prior written notice to Lessor if any temporary relocation exceeds ninety (90) days, or if Lessor requires Lessee to temporarily relocate the Lessee’s Facilities more than one (1) time during any Renewal Term. If the Lease is terminated for such reason, Lessor shall refund any pre-paid unused months of the Rent on a proportionate basis, but Lessee shall not be entitled to reimbursement or payment by Lessor of any further expenses or costs it may incur by reason of its election to terminate this Lease hereunder.
8. Insurance. Section 12 of the Agreement is hereby amended in its entirety to read as follows:
“12. Insurance. During the life of this Lease, Lessee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by Lessor Administrative Officer or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
12.1. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, insurable indemnity obligations under the Lease) with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $4,000,000 aggregate for products and completed operations $4,000,000 general aggregate
12.2 COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other Leased vehicles (Code 1 Any Auto) with limits of liability of not less than $2,000,000 per accident for bodily injury and property damage.
12.3 WORKERS' COMPENSATION insurance as required under the California Labor Code. 5 TMO / Sprint Site ID: LA02084A
TMO / Sprint Lease ID: 100798
12.4 EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
12.5 PROPERTY insurance against all risks of loss to the Communication Facility, at full replacement costs with no coinsurance penalty provision.
12.6 In the event Lessee purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
12.7 Lessee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Lessee shall also be responsible for payment of any self-insured retentions. Any self-insured retentions must be declared to, and approved by, the Lessor Administrative Officer or his/her designee in his/her sole discretion. At the option of the Lessor Administrative Officer or his/her designee, either (i) the insurer shall reduce or eliminate such self-insured retentions as respects Lessor, its officers, officials, employees, agents and volunteers; or (ii) In the event of a self-insured retention, Lessee shall provide a financial guarantee, satisfactory to the Lessor Administrative Officer or his/her designee in his/her sole discretion, guaranteeing payment of losses and related investigations, claim administration and defense expenses.
At no time shall Lessor be responsible for the payment of any deductibles or self-insured retentions.
12.8 All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, except after thirty (30) calendar day written notice has been given to Lessor. Lessee is required to provide 30 day notice of any reduction of limits or coverage as required under this Agreement. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, Lessee shall furnish Lessor with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the term of this Lease, Lessee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than ten (10) calendar days prior to the expiration date of the expiring policy.
12.9 The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and completed operations) and Automobile Liability insurance policies shall name Lessor, its officers, officials, employees, agents and volunteers as an additional insured. All such policies of insurance shall be endorsed so Lessee’s insurance shall be primary and no contribution shall be required of Lessor, its officers, officials, employees, agents or volunteers. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to Lessor, its officers, officials, employees, agents and volunteers. The coverage(s) shall contain no special limitations on the scope of protection afforded to Lessor, its officers, officials, employees, agents and volunteers. The insurance coverage required by Lessee under this Agreement shall not limit their liability to the Lessor. 6 TMO / Sprint Site ID: LA02084A
TMO / Sprint Lease ID: 100798
12.10 Lessee and its insurers shall waive all rights of contribution, recovery and subrogation against Lessor, its officers, officials, employees and agents on account of any injury, death or property damage to any person, including any injury or death to the Lessee, its principles, officers, employees, agents, contractors, subcontractors, consultants, sub-consultants, invitees, or Lessee’s property or the property of others under Lessee’s care, custody and control. Lessee shall give notice to its insurers that this waiver of subrogation is contained in this Lease. This requirement shall survive expiration or termination of this Lease.
12.11 Lessee shall furnish Lessor with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the Lessor prior to Lessor’s execution of this Lease. In the event of a claim giving rise to a question of insurance coverage and at request of Lessor, Lessee shall immediately furnish Lessor with a complete copy of any insurance policy required under this Lease, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Lease.
12.12 If at any time during the life of this Lease or any extension, Lessee or any of its contractors, subcontractors, consultants or sub-consultants fail to maintain any required insurance in full force and effect, all work under this Lease shall be discontinued immediately, until notice is received by Lessor that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to Lessor. Any failure to maintain the required insurance shall be sufficient cause for Lessor to terminate this Lease. No action taken by Lessor hereunder shall in any way relieve Lessee of its responsibilities under this Lease.
12.13 The fact that insurance is obtained by Lessee shall not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. The duty to indemnify Lessor shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Lessee. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Lessee, its principals, officers, agents, employees, persons under the supervision of Lessee, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
12.14 If it is necessary for Lessee to contract for the design, construction and/or maintenance of the Lessee’s Facilities, Lessee shall require each consultant and contractor to provide insurance protection in favor of Lessor, its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the consultant’s and contractor’s certificates and endorsements shall be on file with Lessee and Lessor prior to the commencement of any work by the consultant and/or contractor.”
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9. Environmental. Section 16 of the Lease is hereby amended in its entirety to read as follows:
“16. For purposes of this Agreement, the term “Hazardous Substances” means:
(a) any substance, products, waste, or other material of any nature whatsoever which is or becomes designated, regulated, classified or defined as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resource Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Act, 49 United States Code Section 5101 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substances Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited statutes are hereinafter collectively referred to as the “Toxic Substances Laws”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum fuel or crude oil other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (d) asbestos.
(b) Except as otherwise specifically permitted under the terms of the Agreement, Lessee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on, under, about or within the Premises in violation of any federal, state, or local law, rule, regulation, order, or decree. Storage and use of batteries for emergency power, fuel for an approved generator and use of an associated storage tank, and small quantities of ordinary paints, solvents and similar substances commonly used in small quantities and necessary for maintenance of Lessee’s Facilities are excepted from the preceding prohibition of use by Lessee of Hazardous Substances on the Premises, so long as Lessee complies with all applicable federal, state and local laws, rules and regulations governing the 8 TMO / Sprint Site ID: LA02084A
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storage and use of such items.
(c) Except as otherwise specifically permitted under the terms of the Agreement, no permanent underground or above ground storage tanks shall be installed on Premises. Upon not less than five (5) business days prior written notice to Lessee (except in cases of emergency in which case Lessor shall notify Lessee as soon as reasonably possible) and accompanied by an authorized representative of Lessee, Lessor or its officers, employees, contractors, or agents shall at all times have the right to go upon and inspect the Premises and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present, testing soils on Premises and taking photographs.
(d) Lessee shall, within twenty-four (24) hours of the discovery by Lessee of the presence of, or believed presence of, a Hazardous Substance as defined herein not in compliance with Toxic Substance Laws caused by Lessee, give written and telephonic notice to Lessorin the event that Lessee knows or has reasonable cause to believe that any release of Hazardous Substance caused by Lessee has come or will come to be located on, under, about or within the Premises. The failure to disclose in a timely manner such release of a Hazardous Substance, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law (e.g., California’s Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25185.6.) shall be grounds for termination of the Agreement by Lessor in addition to actual damages and other remedies provided by law. Lessee shall immediately clean up and remove all such released Hazardous Substances placed by Lessee on, under, about or within the Premises or the Property, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. (e) Upon completion of such clean up and removal of Hazardous Substances as set forth in paragraph (d) above, Lessee shall disclose to Lessor the specific information regarding Lessee’s discovery of such Hazardous Substances and provide written documentation of its safe and legal disposal. (f) Breach of any of these covenants, terms, and conditions, and Lessee's failure to cure within thirty (30) days of the Lessee’s receipt of written notice from Lessor, shall give Lessor the authority to immediately terminate the Agreement or require Lessee to shut down Lessee’s operations thereon, at the sole discretion of Lessor; provided, that in the event such cure reasonably requires more than thirty (30) days to complete, then Lessee shall not be in default if Lessee promptly commences the cure of such default and diligently pursues such cure to completion. In either case, Lessee will continue to be liable under the Agreement to remove and mitigate all Hazardous Substances placed by Lessee on, under, 9 TMO / Sprint Site ID: LA02084A
TMO / Sprint Lease ID: 100798
about or within the Premises in violation of Section 16 of this Agreement. Lessee shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances brought onto the Premises by Lessee during Lessee’s period of use and possession of the Premises.
(g) Upon termination of the Agreement, Lessee shall, in accordance with all laws, remove from Premises any equipment or improvements placed on the Premises by Lessee that may be contaminated by Hazardous Substances. (h) Lessee shall defend, indemnify and hold Lessor and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of reasonable attorney’s fees) arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by Lessee or its partners, affiliates, agents, officials, officers, contractors or employees on the Property.
Lessor shall defend, indemnify and hold Lessee and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of reasonable attorneys’ fees) arising as a result of the presence or use of any Hazardous Substances placed or caused to be placed by Lessor or its partners, affiliates, agents, officials, officers, contractors or employees on the Property. The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify each party from any liability created by the other party pursuant to such sections. Notwithstanding anything herein to the contrary, Lessee shall have no liability or obligation hereunder for any Hazardous Substances in, on, at or under the Property due to the acts or omissions of any person or entity outside the control of Lessee.
10. Indemnification.
(a) To the furthest extent allowed by law, Lessee shall indemnify, hold harmless and defend Lessor and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by Lessor, Lessee, or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of Lessee’s: (i) occupancy, maintenance and/or use of the Premises and/or Lessee’s Facilities; or (ii) performance of, or failure to perform, this Lease. Lessee’s obligations under the preceding sentence shall apply to any negligence of Lessor, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or 10 TMO / Sprint Site ID: LA02084A
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damages caused solely by the gross negligence, or by the willful misconduct, of Lessor or its officers, officials, employees, agents or volunteers. (b) Lessee’s occupancy, maintenance and use of the Premises and Lessee’s Facilities shall be at Lessee’s sole risk and expense. Lessee accepts all risk relating to Lessee’s: (i) occupancy, maintenance and/or use of the Premises and/or Lessee’s Facilities; and (ii) the performance of, or failure to perform, this Lease. Lessor shall not be liable to Lessee or Lessee’s insurer(s) for, and Lessee and its insurer(s) hereby waives and releases Lessor from, any and all loss, liability, fines, penalties, forfeitures, costs or damages resulting from or attributable to an occurrence on or about the Premises in any way related to the Lessee’s operations and activities. Lessee shall immediately notify Lessor of any occurrence on the Premises resulting in injury or death to any person or damage to property of any person.
(c) If it is necessary for Lessee to contract for the design, construction and/or maintenance of the Lessee’s Facilities, Lessee shall require each consultant and contractor to indemnify, hold harmless, defend and release Lessor and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraphs. The section shall survive termination or expiration of this Lease.
11. Notice. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Lessor or Lessee may from time to time designate any other address for this purpose by providing written notice to the other Party.
If to Lessor:
City of Hawaiian Gardens
Attn: City Manager
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
If to Lessee:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/LA02084A
12. Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified.
To the extent any provision contained in this First Amendment conflicts with the terms of the Lease, the terms and provisions of this First Amendment shall control. Each reference in the Lease to itself shall be deemed also to refer to this First Amendment.
13. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this First Amendment will legally bind the Parties to the same extent as originals. 11 TMO / Sprint Site ID: LA02084A
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14. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment.
Lessor represents and warrants to Lessee that the consent or approval of a third party has either been obtained or is not required with respect to the execution of First Amendment.
15. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns.
16. Ratification.
a) Lessor and Lessee agree that Lessee is the current lessee under the Agreement, the Agreement is in full force and effect, as amended herein, and the Agreement contains the entire agreement between Lessor and Lessee with respect to the Premises. b) Lessor and Lessee represent and warrant that each is duly authorized and has the full power, right and authority to enter into this First Amendment and to perform all of its obligations under the Agreement as amended.
17. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect.
In the event of any conflict or inconsistency between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall control. The terms, covenants and provisions of this First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
[Signatures Follow on Next Page]
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IN WITNESS, the Parties execute this First Amendment as of the Effective Date.
Lessor:
The City of Hawaiian Gardens, a California
municipal corporation
By:
Print Name:
Title:
Date:
Lessee:
T-Mobile West LLC, a Delaware limited
liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
TMO Signatory Level: L07, SL07
NLG-130406