First AMENDMENT TO
Communications Site Lease Agreement
THIS First AMENDMENT TO Communications Site Lease Agreement (the “First Amendment”) is made effective this ____ day of ______________, 2022 (“Effective Date”), by and between City of Stockton, a California municipality (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 Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless (“Original Lessee”) entered into a Communications Site Lease Agreement dated April 24, 2002, a memorandum of which was recorded in the official records of San Joaquin County, California (“Official Records”) on July 3, 2002 at Document No. 2002-113798 (the “Lease”) whereby Original Lessee leased certain real property, together with access and utility easements, located in San Joaquin 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 the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Lease had an initial term that commenced on January 31, 2003 and expired on January 30, 2008. The Lease provides for five (5) extensions of five (5) years each, three (3) of which were exercised by Lessee. According to the Lease, the final extension expires on January 30, 2033; 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:
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.
First Additional Lease Area. The existing Premises is hereby expanded in size to include additional space, which consists of a forty-nine (49) square foot parcel of real property adjacent to the existing Premises at a location more particularly described on Exhibit A-1 attached hereto and shown on the Site Plan attached hereto as Exhibit B (the “First Additional Lease Area”). The Premises, as expanded, is described on Exhibit A-2 attached hereto. Notwithstanding anything to the contrary in this First Amendment, Lessee is not relinquishing any rights to any lease area, access easements, and/or utility easements that it possesses prior to the date of this First Amendment. In the event the location of any of Lessee’s or its sublessees’ existing improvements, utilities, and/or access routes are not depicted or described on the Site Plan and/or legal descriptions, Lessee’s leasehold rights and access and utility easement rights over such areas shall remain in full force and effect and the Premises shall be deemed to include such areas.
Right to Return the First Additional Lease Area. Lessee shall have the option, upon thirty (30) days prior written notice to Lessor, in its sole and absolute discretion, to return the First Additional Lease Area to the Lessor and to terminate the lease of the same by removing all improvements from the First Additional Lease Area and returning same to its condition as of the Effective Date, ordinary wear and tear excepted (the “Return of the First Additional Lease Area”).
Representations, Warranties and Covenants of Lessor. Lessor represents, warrants and covenants to Lessee as follows:
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.
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.
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.
Lessor acknowledges that the Premises, as defined, shall include any portion of Lessor’s Property on which communications facilities or other Lessee improvements exist on the date of this First Amendment.
Notices. Lessee’s notice address as stated in Section 17 of the Lease is amended as follows:
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
IRS Form W9. Lessor agrees to provide Lessee with a completed IRS Form W9, 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 W9, or its equivalent, and other related paper work to effect a transfer in the rent to the new Lessor. Lessor’s failure to provide the IRS Form W9 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.
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.
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.
Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Lessee shall have the right in its discretion, to record a notice of lease, affidavit or other form to be determined by Lessee without Lessor’s signature in form and content substantially similar to the memorandum, to provide record notice of the terms of this First Amendment. [Signature pages follow]
Lessor and Lessee have caused this First Amendment to be duly executed on the day and year first written above.
Lessor:
City of Stockton, a California municipality
By:
Print Name:
Title:
Lessor affirms that this First Amendment was approved at a duly noticed public meeting held on ______________ 2023 [Lessee Execution Page Follows]
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:
Exhibit A-1
(The First Additional Lease Area)
Exhibit A-2
(The Premises, as expanded)
Exhibit B
(Site Plan)
PREPARED BY AND RECORDING
REQUESTED BY:
Weiss Brown, PLLC
6263 N. Scottsdale Rd., Suite 340
Scottsdale, AZ 85250
WHEN RECORDED MAIL TO:
T-Mobile West Tower LLC
c/o Post Closing – Recording
8020 Katy Freeway
Houston, TX 77024
Space above this line for Recorder’s Use
A.P.N. 090-170-56 Prior recorded document(s) in San Joaquin County, California:
July 3, 2002 at #2002-113798
MEMORANDUM OF First AMENDMENT TO
Communications Site Lease Agreement
This document is exempt from the $75 Building Homes and Jobs Act Fee (per Government Code §27388.1) because:
Document is a transfer of real property subject to the imposition of transfer tax Document is a transfer of real property that is a residential dwelling to an owner‐occupier Document is recorded in connection with an exempt transfer of real property (i.e., subject to transfer tax or owner‐occupied). If not recorded concurrently, provide recording date and document number of related transfer document:
Recording date Document Number
The $225 per transaction cap is reached
Document is not related to real property
This Memorandum of First Amendment to Communications Site Lease Agreement is made effective this _____ day of ___________, 2022 by and between City of Stockton, a California municipality (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”).
Lessor and Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless (“Original Lessee”) entered into a Communications Site Lease Agreement dated April 24, 2002, a memorandum of which was recorded in the official records of San Joaquin County, California (“Official Records”) on July 3, 2002 at Document No. 2002-113798 (the “Lease”) whereby Original Lessee leased certain real property, together with access and utility easements, located in San Joaquin County, California from Lessor (the “Premises”), all located within certain real property owned by Lessor (“Lessor’s Property”). Lessor’s Property, of which the Premises is a part, is more particularly described on Exhibit B attached hereto.
T-Mobile West Tower LLC is currently the Lessee under the Lease as successor in interest to the Original Lessee.
The Lease had an initial term that commenced on January 31, 2003 and expired on January 30, 2008. The Lease provides for five (5) extensions of five (5) years each, three (3) of which were exercised by Lessee (each extension is referred to as a “Renewal Term”). According to the Lease, the final Renewal Term expires January 30, 2033.
Lessor and Lessee have entered into a First Amendment to Communications Site Lease Agreement (the “First Amendment”), of which this is a Memorandum, wherein the Premises was expanded by an additional area of forty-nine (49) square feet. A metes and bounds description of the Premises, as expanded, is attached hereto as Exhibit A.
The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee.
This Memorandum does not contain the social security number of any person.
A copy of the First Amendment is on file with Lessor and Lessee. [Execution Pages Follow]
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessor and Lessee have caused this Memorandum to be duly executed on the day and year first written above.
Lessor:
City of Stockton, a California municipality
By:
Print Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF )
) ss:
county of )
On ___________________, 2022 before me, ____________________________________ (insert name and title of the officer), personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
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:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF )
) ss:
county of )
On ___________________, 2022 before me, ____________________________________ (insert name and title of the officer), personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
EXHIBIT A
(Legal Description of Premises, as expanded)
EXHIBIT B
(Legal Description of Lessor’s Property)
Lessor's property of which Premises are a part is legally described as follows:
All that certain piece or parcel of land situate, lying and being in the City of Stockton, County of San Joaquin, State of California, more particularly described as follows:
Lot 604 of Fox Creek Unit No. 13, as said lot is as designated and delineated on the map of Fox Creek Unit No. 13, filed for record in Book of Maps and Plats, Volume 25, at Page 9, San Joaquin County Records.
Contains 6.835 acres, more or less.
Commonly known as: 2418 East Arden Lane, Stockton, CA 95210 1 1
Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250
1 Site Name: SA869 West Lane/Pyrenees Page 2
Business Unit #: 827250
Site Name: SA869 West Lane/Pyrenees Page 1
Business Unit #: 827250
Documentary Transfer Tax $ __________________
_____ Computed on full value of property
_____ Computed on full value less liens and encumbrances remaining at time of sale _____ Computed on full value of lease surpassing the 35 year term limit _______________ _____ Computed on leased area of the property
City of ______________ Unincorporated ___ Signature of Declarant or agent – Firm Name
1 6
Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250
EXHIBIT 1