SECOND AMENDMENT TO SITE LICENSE AGREEMENT
BETWEEN CITY OF HUNTINGTON BEACH
AND T-MOBILE WEST LLC., FOR A WIRELESS COMMUNICATIONS
FACILITY AT FIRE STATION 6-EDWARDS
DO NOT RECORD
THIS SECOND AMENDMENT TO THE SITE LICENSE AGREEMENT
California, herein referred to as "Licensor"), and T-Mobile West LLC, a Delaware limited liability company, successor in interest to Cingular Wireless.
RECITALS
On December 16, 2002, Pacific Bell Wireless, LLC, a Nevada limited liability company, doing business as Cingular Wireless ("Cingular") and Licensor entered into the Site License Agreement (the "Agreement") authorizing Cingular to install and operate communication equipment within the Clock Tower of the Licensor- owned Fire Station 6-Edwards (the "Premises"). The equipment included radio frequency transmitting and receiving antennas, batteries, utility lines, transmission lines, and supporting structures and improvements (the "Facilities"), which were specifically described on the Plans marked as No. SC- 101 - 01- P3- B2, dated December 4, 2001, and attached as Exhibit B to the Agreement; and
n or about August 4. 2004. -Mobile USA. Inc. assumed th greement from Cingular and assiened to T-Mobile West LLC »Licensee"); an On November 16, 2021, Licensor and Licensee entered into the First Amendment to amend the Agreement to: (i) permit Licensee to install new Facilities on le Property; (1) memorialize the start and termination dates of the Agreement: and (111 emorialize the current Rent due on the Agreement
Licensor and Licensee now enter into this Second Amendment to the Agreement to: (i) more specifically describe the ground lease area on the Property; and (ii) memorialize site improvements to be made by Licensee to the Property.
Now, therefore, the Parties hereto agree as follows:
SECOND AMENDENT TO SITE LICENSE AGREEMENT
Site Improvements. Relocation of a portion of the vertical H rack support structure located to the South East of the licensed ground area, to allow for a roughly 48" clearance between the licensed ground area and the fire station structure. Removal of the existing trees to the South of the licensed ground area and installation of a paved concrete Licensed Ground Area. [Update depiction and acknowledged measurements of licensed ground space to enclose all wireless communication ground equipment. Licensed ground space will be (13' 10"* 23' 9"') as depicted in Exhibit A. 1 22-12072/314310
TMO Signatory Level: L06
NLG-84873
Reaffirmation. Except as expressly modified or supplemented herein, all other terms and conditions of the Agreement shall remain in unaltered and in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement, the provisions of this Second Amendment shall control.
4. This Second Amendment to the Agreement shall be made effective upon its approval by the Huntington Beach City Council.
LICENSEE: LICENSOR:
T-MOBILE WEST LLC, a Delaware limited CITY OF HUNTINGTON BEACH, a municipal liability company, successor in interest to corporation Cingular Wireless
Mayor
By: Date:
Its: Manager
By: City Clerk
REVIEWED AND APPROVED:
Lowell Handy
Print name
Date: 8/1/23
City Manager
ITS:
APPROVED AS TO FORM: Cct
By:
Милия
Промину
INITIATED AND APPROVED:
Ules a Nes
Director of Public Works
2 22-12072/314310
TMO Signatory Level: L06
NLG-84873
EXHIBIT A
22-12072/314310
T - Mobile
CDG
BUTLER
TRACONN
T10/11/22 LEASE HON
31-40 BS/4K OR
00: on
SC101
HUNTINGTON BEACH
LA02543A
CHECT TALE =
LEASE EXHIBIT
EX-1
ENLARGED EQUIPMENT PLAN