ATTACHMENT A
FIRST AMENDMENT TO CITY OF PALM SPRNGS
WIRELESS COMMUNICATIONS FACILITIES SITE
LEASE
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Lessee Site Name: Palm Springs
Lessee MDG Location ID: 5000385007
FIRST AMENDMENT TO CITY OF PALM SPRINGS WIRELESS
COMMUNICATIONS FACILITIES SITE LEASE
This First Amendment to City of Palm Springs Wireless Communications Facilities Site Lease (“First Amendment”) is made, and shall be effective, as of the last date of the signatures below (“Effective Date”), between City of Palm Springs (“LESSOR”), and Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless (“LESSEE”). LESSOR and LESSEE (or their predecessors in interest) entered into that certain City of Palm Springs Wireless Communications Facilities Site Lease dated May 2, 2019, as may have been previously amended and/or assigned, (the “Lease”), pursuant to which LESSEE is leasing or licensing from LESSOR a portion of that certain property located at 1901 East Baristo Road in the City of Palm Springs, California, as more particularly described in the Lease.
LESSOR and LESSEE may be referenced in this First Amendment individually as a “Party” or collectively as the “Parties.”
In consideration of the mutual covenants and promises contained in this First Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree to amend the Lease as follows:
1. Term. The Lease is set to expire on September 30, 2028. Commencing on October 1, 2028, the Lease shall automatically extend in three (3) separate five (5) year renewal periods (each a “Renewal Term”), provided LESSEE is not in default under the Agreement at the time of each applicable renewal period, and provided LESSEE has not given LESSOR its written notice of its intent not to renew at least thirty (30) days prior to the expiration of the then-current Renewal Term.
2. Rent. Commencing on October 1, 2028, the monthly rent shall be $4,711.86 to be paid on the first day of the month in advance to LESSOR or such other person as LESSOR may designate in writing at least 30 days in advance of any rental payment date.
Beginning on October 1, 2028, and continuing on each one-year anniversary of October 1, 2029 thereafter, rent shall increase in accordance with Section 4.3 of the Lease. All other rental terms and obligations not amended by this Se ction 2 of the First Amendment shall remain in full force and effect, including but not limited to, the requirements for LESSEE to pay LESSOR an ad ditional $1,000 per month for each carrier operating wireless communication equipment on the Facilities in addition to LESSEE as per Paragraph 4.1 of the Lease.
3. CPI. Section 4.3 of the original agreement shall be modified as Cost of Living Adjustment: The Base Rental shall be automatically adjusted on each anniversary of the Commencement date in i) an amount equal to the increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (1982- 1984 + 100) (the ‘CPI’) for “All Items- All Urban Consumers”, for the Riverside-San Bernardino-Ontario Metropolitan Statistical Area, during the preceding twelve (12) month period; or ii) three percent (3%), whichever is greater. The base month for increases under this section shall be the most recently measured twelve (12) - 2 -
month period prior to the commencement of each annual anniversary of the Commencement Date.
4. Notice Address. The notice address for LESSEE in the Lease is hereby amended as follows:
If to LESSEE: Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster, NJ 07921
With a copy to: Basking Ridge Mail Hub
Attn: Legal Intake
One Verizon Way
Basking Ridge, NJ 07920
5. Continued Effect. Except as amended hereby, all of the other terms and conditions of the Lease shall remain in full force and effect. In the event of a conflict between any term and provision of the Lease and this First Amendment, the terms and provisions of this First Amendment shall control. In addition, except as otherwise stated in this First Amendment, all initially capitalized terms shall have the same respective defined meaning stated in the Lease. All captions are for reference purposes only and shall not be used in the construction or interpretation of this First Amendment.
6. Ratification and Reaffirmation. LESSOR and LESSEE do hereby ratify, reaffirm, adopt, contract for and agree to be, or continue to be, bound by all of the terms and conditions of the above-referenced Lease. Except as modified by this First Amendment, all of the terms and conditions of the Lease are incorporated by reference herein as if set forth at length. It is acknowledged and agreed that the execution of this First Amendment by the Parties is not intended to and shall not constitute a release of either Party from any obligation or liability which said Party has to the other pursuant to the Lease.
7. Counterparts. This First Amendment may be executed in counterparts with the same effect as if both parties hereto had executed the same document. Both counterparts shall be construed together and shall constitute a single document. [SIGNATURE PAGE TO FOLLOW]
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Lessee Site Name: Palm Springs
Lessee MDG Location ID: 5000385007
IN WITNESS WHEREOF, this First Amendment is effective and entered into as of the date last written below.
LESSOR:
City of Palm Springs
By: _________________________
Name: _______________________
Title: ________________________
Date:
LESSEE:
Los Angeles SMSA Limited Partnership
d/b/a Verizon Wireless
By AirTouch Cellular Inc., Its General Partner
By: _________________________
Name: _______________________
Title: ________________________
Date: