Site Name: VY957 El Dorado Park City
Business Unit #: 828882 1
FIRST AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (the “First Amendment”) is made effective this ____ day of ______________, 202___ (“Effective Date”), by and between CITY OF LANCASTER, a municipal corporation (hereinafter referred to as “Lessor”) and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as “Lessee”).
RECITALS
WHEREAS, Lessor and Pacific Bell Wireless, LLC, a Nevada limited liability company (“Original Lessee”) entered into a Communications Site Lease Agreement dated August 24, 2004 (the “Lease”), whereby Original Lessee leased certain real property, together with access and utility easements, located in Los Angeles County, California from Lessor (the “Premises”), all located within certain real property owned by Lessor (“Lessor’s Property”); and WHEREAS, T-Mobile West Tower LLC is currently the Lessee under the Lease as successor in interest to the Original Lessee; and
WHEREAS, the Premises may be used for any lawful activity in connection with the provisions of mobile/wireless communications services, including, without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance and operation of related communications facilities; and WHEREAS, the Lease had an initial term that commenced on June 1, 2005 and expired on May 31, 2010. The Lease provides for five (5) extensions of five (5) years each, four (4) of which were exercised by Lessee. According to the Lease, the final extension expires on May 31, 2035; and
WHEREAS, Lessor and Lessee desire to amend the Lease on the terms and conditions contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease.
2. Term. Section 4 of the Lease is hereby deleted in its entirety and the following inserted in its place:
The initial term of this Lease shall be for a period of five (5) years commencing on June 1, 2005 (“Commencement Date”) and expiring on May 31, 2010 (the “Initial Term”). At the conclusion of the Initial Term, Lessee shall be entitled to ten (10) extensions of five (5) years each, with the final lease extension expiring on May Site Name: VY957 El Dorado Park City
Business Unit #: 828882 2
31, 2060 (each extension is referred to as a “Renewal Term”). The Initial Term and any Renewal Term shall be collectively referred to as the “Lease Term”. The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor in writing of its intention not to renew at least thirty (30) days prior to the expiration of the then current five year term.
Lessor and Lessee hereby acknowledge that Lessee has exercised four (4) Renewal Terms, leaving a balance of six (6) Renewal Terms.
3. Rent. On June 1, 2035 the monthly Rent shall increase by an amount equal to ten percent (10%) of the monthly Rent in effect for the immediately preceding month. Following such increase, the monthly Rent shall continue to adjust pursuant to the terms of the Lease. This Rent increase replaces and is in lieu of the regular Rent increase scheduled to occur pursuant to the Lease on the same date.
4. Survey. Lessee reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Premises and any access and utility easements associated therewith. Upon Lessor’s written approval of the Survey, which shall not be unreasonably withheld, conditioned, or delayed, Lessee shall be permitted to attach the Survey as an exhibit to this First Amendment and any related memorandum for recording, which shall update and replace the existing description, at any time prior to or after closing of this First Amendment.
For the avoidance of doubt, the Survey shall not expand the Premises beyond Lessee’s rights granted under the Lease without Lessor’s written approval.
5. Conditional Signing Bonus. Lessee will pay to Lessor a one-time amount of Ten Thousand and 00/100 Dollars ($10,000.00) for the full execution of this First Amendment, payable within sixty (60) days of the full execution of this First Amendment (“Conditional Signing Bonus”). In the event that this First Amendment (and any applicable memorandum of Lease and/or amendment) is not fully executed by both Lessor and Lessee for any reason, Lessee shall have no obligation to pay the Conditional Signing Bonus to Lessor.
6. Representations, Warranties and Covenants of Lessor. Lessor represents, warrants and covenants to Lessee as follows:
a) Lessor is duly authorized to and has the full power and authority to enter into this First Amendment and to perform all of Lessor’s obligations under the Lease as amended hereby. b) Lessee is not currently in default under the Lease, and to Lessor’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Lessee under the Lease. c) Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Lease as amended hereby, and ensure Lessee’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Lease as amended hereby.
7. Notices. Lessee’s notice address as stated in Section 17 of the Lease is amended as follows:T-Mobile
Site Name: VY957 El Dorado Park City
Business Unit #: 828882 3
If to Lessee: With a copy to:
T-Mobile West Tower LLC T-Mobile West Tower LLC
12920 S.E. 38th Street c/o CCTMO LLC
Bellevue, WA 98006 Attn: Legal – Real Estate Department Attn: Leasing Administration 2000 Corporate Drive
Canonsburg, PA 15317
8. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Lessee. In the event the Lessor’s Property is transferred, the succeeding Lessor shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in the Rent to the new Lessor. Lessor’s failure to provide the IRS Form W-9 within thirty (30) days after Lessee’s request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from Rent payments.
9. Counterparts. This First Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument.
10. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this First Amendment is hereby amended to be consistent.
11. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment in the official records of Los Angeles County, California at any time following the execution of this First Amendment by all parties hereto. [Signature pages follow]
Site Name: VY957 El Dorado Park City
Business Unit #: 828882 3
Site Name: VY957 El Dorado Park City
Business Unit #: 828882 4
Lessor and Lessee have caused this First Amendment to be duly executed on the day and year first written above.
LESSOR:
CITY OF LANCASTER, a municipal
corporation
By:
Print Name:
Title:
Lessor affirms that this First Amendment was
approved at a duly noticed public meeting held
on _________________________ 202____
[Lessee Execution Page Follows]
Site Name: VY957 El Dorado Park City
Business Unit #: 828882 4
Site Name: VY957 El Dorado Park City
Business Unit #: 828882 5
This First Amendment is executed by Lessee as of the date first written above.
LESSEE:
T-MOBILE WEST TOWER LLC, a
Delaware limited liability company
By: CCTMO LLC, a Delaware limited
liability company
Its: Attorney In Fact
By:
Print Name:
Title: