1 TMO / Sprint Site ID: LA56XC941/SV80392A
5/21/2021
TMO / Sprint Lease ID: 1538931
FIRST AMENDMENT TO COMMUNICATIONS SITE LEA
SE AGREEMENT (GROUND)
This First
Amendment to Communications Site Lease Agreement (Ground) (the “First Amendment”) is effective as of the last signature below (the “Effective Date”), by and between The City of Lancaster, a municipal corporation (“ Lessor”), and T‐Mobile West LLC, a Delaware limited liability company (“Lessee”) (each a “Party”, or collectively, the “Parties”).
Lessor and Lessee entered into that certain Communications Site Lease Agreement (Ground) dated October 28, 2002, (the “Agreement”) regarding the leased premises (“Premises”) located at 3295 W Avenue K, Lancaster, CA 93536 (the “Property”).
For good and valuable consideration, Lessor and Lessee agree as follows:
1. A
t t h e e x p i r a t i o n o f t h e A g r e e m e n t , t h e t e r m o f t h e A g r e e m e n t will automatically be e x t e n d e d f o r f i v e ( 5 ) a d d i t i o n a l a n d s u c c e s s i v e f i v e ( 5 ) y e a r t e r m s ( e a c h a “Renewal Term”), provided that Lessee may elect not to renew by providing Le ssor at least thirty (30) days' notice prior to the expiration of the current term o r the then current Renewal Term.
2. At the commencement of the first Renewal Term, provided for in this First Amendment, Lessee shall pay Lessor One Thousand Nine Hundred Eighty‐Nine and 08/100 Dollars ($1,989.08) per month as Rent, partial calendar month to be prorated in advance, by the fifth (5th) day of each calendar month. As of the date of this First Amendment, the escalation set forth in the Lease shall terminate and the Rent will escalate by 15% on the first day of each Renewal Term. Tenant shall pay Landlord any outstanding Rent due as of the Effective Date within sixty (60) days of the Effective D ate. Where duplicate Rent would occur, a credit shall be taken by Lessee for any prepayme nt of duplicate Rent by Lessee.
3. Lessor consents to allow Lessee to complete upgrades and additions of the Antenna Facilities on the Premises for no additional consideration, in compliance with required permits.
4. Lessor shall only have the right to assign and transfer this Ag reement pursuant to a sale or transfer of ownership of the Property. Upon Lessee’s receipt of written verification of a sale or transfer of the Property, (a) Lessor shall be relieved of all liabilities and obligations and (b) Lessee shall look solely to the new owner f or performance under this Agreement. Lessor shall not attempt to assign or otherwise transfer this Agreement separate from a sale or transfer of ownership of the Property ( “the “ Severance Transaction”), without the prior written consent of Lessee, which consent may be withheld or conditioned in Lessee’s sole discretion. If Lessee consents to a Severance Transaction, Lessor and its successors and assigns shall remain jointly and severally responsible for the performance of all duties and obligations o f Lessor under this Agreement.
TMO Signatory Level: L07,SL07
NLG-110611
2 TMO / Sprint Site ID: LA56XC941/SV80392A
5/21/2021
TMO / Sprint Lease ID: 1538931
5. All notices, requests, d
emands 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, ret urn 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 th is purpose by providing written notice to the other Party.
If to Lessee:
T‐Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance /
LA56XC941/SV80392A
If to Lessor:
The City of Lancaster
44933 Fern Avenue
Lancaster, CA, 92534
Attn: City Manager
6. Insurance.
A. The Lessee at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A‐, VIII” or better in the Best’s Key Rating Guide:
Commercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/claims arising from Lessee’s Independent Contractors; Property Damage and Bodily injury (Coverage shall be at least as broad as ISO form CG2010 and CG2037 combined, or an equivalent providing ongoing and completed operations)
B. For claims arising out of Lessee’s operations, negligent acts or willful misconduct, commercial general liability insurance shall be primary and non‐contributory as respects the City insured entities. Any insurance or self‐insurance maintained by the City insured entities shall be in excess of the Lessee’s insurance and shall not contribute with it.
C. Lessee shall furnish the City with Certificates of Insurance and with endorsements effecting coverage required by this Agreement.
TMO Signatory Level: L07,SL07
NLG-110611
3 TMO / Sprint Site ID: LA56XC941/SV80392A 5/21/2021
TMO / Sprint Lease ID: 1538931
D. Lessee will provide notice and agree that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non‐payment) to the City of Lancaster.
E. The additional insureds included in the fore
going commercial general liability
policy shall include: the City of Lancaster, its elected officials, officers, employees and volunteers are included as additional insureds on the policy, but only insofar as the Lessee’s operations under
this contract are concerned.
F. The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534 shall be Certificate Holder
.
7. Any charges payable under the Agreement other than Rent shall be billed by Lessor to Lessee within twelve (12) months from the date in which the charges were incurred or due; otherwise, the same shall be deemed time‐barred and be forever waived and released by Lessor.
8. Except as expressly set forth in t h i s F i r s t A m e n d m e n t , t h e A g r eement otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Agreement, the terms and provisions of this First Amendment shall control. Each reference in the Agreement to itself shall be de emed also to refer to this First Amendment.
9. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile co pies of this First Amendment will legally bind the Parties to the same extent as originals.
10. 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 re spect to the execution of First Amendment. If Lessor is represented by any property manager, broker or any other leasing agent (“Agent”), then (a) Lessor is solely is responsible for all commission, fees or other payment to Agent and (b) Lessor shall not impose any fees on Lessee to compensate or reimburse Lessor for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this First A mendment or any future amendment.
TMO Signatory Level: L07,SL07
NLG-110611
4 TMO / Sprint Site ID: LA56XC941/SV80392A 5/21/2021
TMO / Sprint Lease ID: 1538931
11. This First Amendment
will be binding on and inure to the benefi t of the Parties herein, their heirs, executors, administrators, successors‐in‐interest and assigns.
IN WITNESS, the Parties execute this First Amendment as of the Effective Date.
Lessor:
The City of Lancaster, a municipal corporation
By:
Print Name: Trolis Niebla
Title: City Manager
Date:
Lessee:
T‐Mobile West LLC, a Delaware limited liability
company
By:
Print Name: __________________________
Title: ________________________________
Date:
ATTEST:
________________________________
CITY CLERK
APPROVED AS TO FORM:
________________________________
CITY A
TTORNEY
TMO Signatory Level: L07,SL07
NLG-110611