Site: SC13354C / 115282 1
SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND AND TOWER)
This Second Amendment to Communications Site Lease Agreement (Ground and Tower) (“Second Amendment”) is effective on the date of the last signature (“Effective Date”) by City of Manteca, a California municipal corporation (“Landlord”), and T-Mobile West LLC, a Delaware limited liability company (“Tenant”).
Landlord and Tenant or their predecessors-in-interest have entered into a Communications Site Lease Agreement (Ground and Tower) dated December 17, 2008, and a Restatement and First Amendment to Communications Site Lease Agreement (Ground and Tower) dated December 17, 2008 (collectively, the “Agreement”) regarding the leased space (“Premises”) located at 1154 S. Union Road, Manteca, CA 95337 (“Property”).
Landlord and Tenant now agree as follows:
1. The current and any remaining Renewal Term(s) of the Agreement will end on September 30, 2026. Tenant is granted seven (7) additional five (5)-year terms, each a Renewal Term beginning on October 1, 2026.
2. Rent will be Two Thousand Six Hundred and 00/100 Dollars ($2,600.00) per month beginning on October 1, 2026.
3. Beginning on October 1, 2026, the current escalation set forth in the Agreement will end. Rent will then increase by fifteen percent (15%) on October 1, 2031, and at the start of each subsequent Renewal Term.
4. If Tenant remains in the Premises after the Agreement ends, the Agreement will automatically convert to a month-to-month tenancy on the same terms and conditions.
5. Tenant will maintain its Premises and equipment while the Landlord will keep the remainder of their Property in good order and condition, including without limitation, where applicable, any Landlord owned support structure, landscaping, and common areas.
6. Tenant may not assign the Agreement or sublease the Premises without providing written notice to Landlord.
7. Tenant and Landlord will cooperate with each other's reasonable requests to approve permit applications and other documents related to the Premises.
8. Landlord may bill Tenant for any charges related to the Agreement other than Rent within twelve (12) months after incurring the cost; otherwise, the charges are waived.
9. Landlord may assign the Agreement immediately upon receiving Tenant’s prior written consent.
ATTACHMENT 1
Site: SC13354C / 115282 2
10. The current notice addresses for the Landlord and Tenant:
If to Landlord:
City of Manteca
1001 West Center Street
Manteca, CA 95337
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance / SC13354C
11. The terms of this Second Amendment will control if any provisions conflict with the Agreement, otherwise, all other terms of the Agreement remain in full force and effect. Capitalized terms used but not defined in this Second Amendment will have the same meanings as in the Agreement.
12. Landlord and Tenant represent that they have the authority to sign this Second Amendment and have obtained any needed third-party consents to do so.
Landlord:
City of Manteca, a California municipal
corporation
Tenant:
T-Mobile West LLC, a Delaware limited
liability company
By: _________________________________ By: _________________________________ Print Name: __________________________ Print Name: __________________________ Title: ________________________________ Title: _______________________________ Date: _______________________________ Date: _______________________________ ATTACHMENT 1