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Southern California Edison Company (Building Lease Amendment 3) THIRD AMENDMENT TO BUILDING LEASE AGREEMENT THIS THIRD AMENDMENT TO THE BUILDING LEASE AGREEMENT ("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("Lessor") and SOUTHERN CALIFORNIA EDISON COMPANY ("Lessee") is effective as of the 1st day of July, 2019 RECITALS A On July 1, 1994, Lessor and Lessee entered into that certain Building Lease Agreement ("Agreement") whereby Lessor agreed to lease certain real property located at 30940 Hawthorne Blvd , Rancho Palos Verdes, California, 90274 and grant a related irrevocable, non- exclusive easement to Lessee for an initial term of ten (10) years beginning July 1, 1994, with options of Lessee to extend the term for two (2) additional five (5) year penods thereafter, in exchange for payment by Lessee B On November 4, 2015, Lessor and Lessee executed a First Amendment to the Agreement, which extended the term of the Agreement from June 30, 2014 until June 30, 2016 C Effective July 1, 2016, Lessor and Lessee entered into a Second Amendment to the Agreement, which extended the term until June 30, 2019 D Lessor and Lessee now desire to amend the Agreement to extend the term (retroactive to July 1, 2019) until either June 30, 2022, or until Rancho Palos Verdes City Hall, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275, is reconstructed, as defined below, whichever occurs first, and to amend the rent adjustment provisions of the Agreement to provide for rent to increase by five percent (5%) annually, irrespective of the Consumer Pnce Index (CPI) E Lessor and Lessee hereby further intend to ratify and affirm the continuous and interrupted term of the Agreement commencing July 1, 1994, and continuing through the effective date of this Amendment TERMS 1 Extension of Term The term of the Agreement is hereby extended until either June 30, 2022, or until Rancho Palos Verdes City Hall, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275, undergoes reconstruction, whichever occurs first Lessor and Lessee hereby ratify and affirm the continuous and uninterrupted term of the Agreement commencing July 1, 1994, and continuing through the effective date of this Amendment For the purposes of this section, "reconstruction" includes any discretionary or necessary construction, demolition, repair, remodeling, or retrofitting activity that interferes with the Lessee's use of its wireless telecommunications facilities or any accessory equipment such that the facilities or equipment require removal or replacement The decision to engage in such reconstruction shall be in the sole discretion of the Lessor, and Lessor shall provide Lessee at least thirty (30) days 01203 0015/652118 5 notice of commencement of such reconstruction, at which commencement the term of the Agreement shall terminate 2 Annual Rent Adjustments Effective and commencing on July 1, 2019, notwithstanding any provision of Section 3(C) of the Agreement to the contrary and in lieu of the annual rent adjustments provided for therein, the Annual Rent due under the Agreement shall increase by five percent (5%) on July 1 of each calendar year for the remainder of the Term of the Agreement The first such five percent (5%) increase shall take effect on the effective date of this Amendment, July 1, 2019 Any and all back rent due to Lessor pursuant to this section (in addition to any unpaid rent due pursuant to Section 3(C)(1)(d) of the Agreement) upon execution of this Amendment shall be paid by Lessee within 30 days of the date of full execution of this Amendment Attached hereto as Exhibit "A" is a rent schedule showing the applicable rental rates pursuant to the Agreement for the seven years leading up to the effective date of this Amendment (for reference purposes only), and showing the adjusted rent amounts due pursuant to this Amendment for the remaining term of the Agreement, as extended by this Amendment 3 Continuing Effect of Agreement Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement 4 Affirmation of Agreement, Warranty Re Absence of Defaults Lessor and Lessee each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation Lessee represents and warrants to Lessor that, as of the date of this Amendment, Lessor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a matenal default under the Agreement Lessor represents and warrants to Lessee that, as of the date of this Amendment, Lessee is not in default of any matenal term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a matenal default under the Agreement 5 Adequate Consideration The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment 6 Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound 01203 0015/652118 5 [SIGNATURES ON FOLLOWING PAGE] 01203 0015/652118 5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the dates set forth below, with express intent that this Amendment shall be effective as of July 1, 2019 Lessor CITY OF RANCHO PALOS VERDES (IL John .1ikshank, Mayor Date AU, IS 2 , 2020 ATTEST _ god_ t%n roily Colborn, CityClerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP I/(-) ,A 1/(---' William W W -r, City Attorney [BRJ] Lessee- SOUTHERN CALIFORNIA EDISON COMPANY By ,e)( e1,li� Name VIInage 1'�ageS Title Address 02. oyab ay, yva FOrn ON 104 917u DATE I , 2020 NOTE: LESSEE'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO LESSEE'S BUSINESS ENTITY. 01203 0015/652118 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 CALIFORNIA COUNTY OF LOS ANGELES On 01 1 2 1 12020 before me,M C-►O1rCa-MWraNersonally ap seared ke,1(1 L\OYe,S , proved to me on the basis of satisfactory evidence to be the person whose names,(s 9,re subscnbed to the within instrument and acknowledged to me that,fe sh /t,1ey executed the same in h- /t}acir authonzed capacity(yes`j and that by his/her/their signaturef i:'f on the instrument the persons); or the entity upon behalf of which the perso>�acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my han• an. official seal IIEitl ,`, ii /_?//kb1. M GARCIAPublic MEDRANO Signature ,.i��a: Notary Public-California z W �f>:- ':ti-iLos Angeles County Commission!2212176 My Comm Expires Aug 31 2021 OPTIONAL Thou: e data below is not required by law, it may prove valuable to persons relying on the document and could prevent frau.- ent reattachment of this form CAPACITY ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING DATE OF 6 I CUMENT (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0015/652118 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies 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 CALIFORNIA COUNTY OF LOS ANGELES On , 2020 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authonzed 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 California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING DATE OF DOCUMENT (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0015/652118 5 EXHIBIT "A" RENT SCHEDULE—ADJUSTED COMMENCING JULY 1,2019 (amounts adjusted pursuant to this Amendment shown in bold text) TERM START TERM END PAYMENT PAYMENT SENT PAYMENT SOURCE AMOUNT DATE 7/1/2012 6/30/2013 $8,611 43 11/14/2012 Check#0041625200 7/1/2013 6/30/2014 $8,694 00 6/28/2013 Check#0041824129 7/1/2014 6/30/2015 $8,086 78 12/23/2015 Direct Deposit 7/1/2015 6/30/2016 $8,820 84 12/23/2015 Direct Deposit 7/1/2016 6/30/2017 $8,880 38 7/5/2017 Direct Deposit 7/1/2017 6/30/2018 $9,091 83 7/5/2017 Direct Deposit 7/1/2018 6/30/2019 $9,479 63 7/2/2018 Direct Deposit 7/1/2019 6/30/2020 $9,953 61 Amount due within 30 days of execution of this Amendment 7/1/2020 6/30/2021 $10,451 29 Amount due within 30 days of execution of this Amendment 01203 0015/652118 5