New Cingular Wireless PCS LLC Second Amendment to Building Lease Agreement (2009) • soSECOND AMENDMENT TO BUILDING LEASE AGREEMENT
This SECOND AMENDMENT TO BUILDING LEASE AGREEMENT("Amendment") is
made this 16th day of June, 2009, by and between the City of Rancho Palos Verdes
("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company
("Lessee"), formerly known as LA Cellular and AT&T Wireless.
RECITALS
WHEREAS, Lessor is the owner of that certain real property located at 30940
Hawthorne Boulevard, Rancho Palos Verdes, California(the "Property"); and
WHEREAS, Lessor and Lessee are parties to that certain Building Lease Agreement
dated as of November 15, 1988, as amended by that certain First Amendment to Lease
Agreement dated June 3, 2008 (collectively, the "Lease"), whereby Lessor leases to Lessee
space on the Property for a 280 square foot free-standing building (the "Building"), antenna
tower space at the northwest corner of the Lessor's two-story building, and utility connections
between Lessee's equipment and antennas for the construction, operation, and maintenance of
a communications facility, all as more particularly set forth therein; and
WHEREAS, Lessor and Lessee desire to amend the Lease to (i) further extend the
term thereof, (ii) provide for the automatic extension of the Lease term and (iii) modify
certain other provisions of the Lease, all as provided herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and
conditions contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Defined Terms. Any capitalized terms used in this Amendment that are not
defined herein shall have the meanings given those terms in the Lease.
2. Term. Lessor and Lessee acknowledge and agree that the Lease's current
extension term will expire on June 30, 2009 (the "Current Extension Term"). Upon the
expiration of the Current Extension Term, the Lease shall automatically be extended for one (1)
additional extension term of five (5) years (the "Additional Extension Term") upon the same
terms and conditions as amended herein. The Lessor may terminate the Lease by giving written
notice thereof to Lessee at least ninety (90) days prior to July 1, 2010 or any July 1st thereafter
during the Additional Extension Term.
3. Notices. Lessee's notice address listed in the Lease is hereby deleted in its
entirety and the following is substituted in lieu thereof:
Lessee: New Cingular Wireless PCS, LLC
dba AT&T Mobile
Attn: Network Real Estate Administration
Re: Cell Site#: LAC 124; Cell Site Name: Ranch PV(CA)
Fixed Asset No.: 10085903
12555 New Cingular Way, Suite 1300
Alpharetta, GA 30004
With a required copy of the notice sent to the addresses above to AT&T Legal at:
If sent via certified or registered mail:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Department
Re: Cell Site#: LAC 124; Cell Site Name: Ranch PV(CA)
Fixed Asset No.:10085903
P.O. Box 97061
Redmond, WA 98073-9761
Or
If sent via nationally recognized overnight courier:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Department
Re: Cell Site#: LAC 124; Cell Site Name: Ranch PV (CA)
Fixed Asset No.:10085903
16331 NE 72nd Way
Redmond, WA 98052-7827
4. Representations and Warranties of Lessee. Lessee hereby represents and
warrants to Lessor as of the date hereof that: (a) Lessee is not in default under the Lease, and(b)
Lessee has not committed any act or omission that, after notice or the passage of time, or both,
would constitute a default or event of default under the Lease.
5. Full Force and Effect. Except as specifically modified by this Amendment, all
of the terms and conditions of the Lease shall remain in full force and effect. In the event of a
conflict between any term or provision of the Lease and this Amendment, the terms and
provisions of this Amendment shall control. All captions are for reference purposes only and
shall not be used in the construction or interpretation of this Amendment.
6. Conflict. In the event of a conflict between any term or provision of the Lease
and this Amendment, the terms and provisions of this Amendment shall control. All captions are
for reference purposes only and shall not be used in the construction or interpretation of this
Amendment.
111/
7. Counterparts. This Amendment may be executed in any number of
counterparts, each of which, when executed and delivered, shall be deemed to be an original, and
all of which, taken together, shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF,the parties hereto have entered into this Amendment as of the
latter date written below.
LESSOR:
City of Rancho Palos Verdes
APPROVED TO CONTEN • ATTEST:
By: tliA44 BY: _g41/4--5ZRAZgA
Larry lark, M ayor Carla Morreale, City Clerk
Date: - Date:
6-u 07
APPROVED AS TO FORM:
By:
Carol W. Lynch, ty Attorney
Date:
LESSEE:
New Lingular Wireless PCS, LLC,a
Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: 444
Name: ;90, ---
Title: 17x;44 .�Si j?T� .s-"Zcicr/ei1/
Date: 4-7--a3---09
4111
TENANT ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF XS /471,ties )
On 2 3) 2047 before me, i),'n e , the
under igneQ, a Notary Public in and for said State,personally appeared 14 ark— 12.i ve r k
who
proved to me on the basis of satisfactory evidence to be the person whose namekar
subscribed to the within instrument and acknowledged to me that he/slacftlyey executed the same in
his/lprlthort authorized capacity(iesj and that by his/lyorfthei'r signature(,'on the instrument the
person;or the entity upon behalf of which the person(Wacted, 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. '/r r ' OommisMss MqM?
Signature ,.� � ^� &imp Casty
Name /1 'n1 t.` P1'+'1 ecC�
(typed or printed) (Seal)
LANDLORD ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF )
On before me, , the
undersigned, a Notary Public in and for said State,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 California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Name
(typed or printed) (Seal)
5 2007
Amendment Form