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CONTRACT 3028C AmendmentAgreement No. 3028C Celt Site Name, EL SEGUN DO B0V1XVARD/L0,%11TA ST Cell Site Number., IVL050-tit FixedAsset No, 12992945 Market: Los Angeles Address. 409 Lom,its Street, ElSegundo, CA "245 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENTS -Third Amendme"it"), dated as orthe tatter of the signature dates below (the -Effective Date"), is by and between City of El Segundo, a municipal corporation,, having a mailing address of. 5 Main Street, El Segundo, CA 90245 (hereinafter referred to as "Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address of 1025 Lenox Park Boulevard NE. 3" Floor, Atlanta, CA 30319 (hereinafter referred to as "Tenant"). Landlord and Tenant may also be referred to, individually as a -Party" or collectively as the "Parties". WHEREAS, Landlord and Tenant (or its predecessor -in -interest) entered into a Lease Agreement dated August 1. 2002, as amended by the First Amendment to Lease Agreement dated Match 15, 2004, and the Second Amendment to Lease Agreement dated June 17, 2015 (-Second Amendment") whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 400 Lomita Street, El Segundo, CA 90245 (hereinafter, collectively referred to as the "Agreement"); and WHEREAS, the Parties mutually desire to renew the Agreement, memorialize such renewal period and modify the Agreement in certain other respects, all on the terms and conditions contained herein; and WHEREAS, due to a scrivener's error in the Second Amendment, Section 17 - Assignment of the Agreement was inadvertently deleted and Landlord and Tenant desire to reinsert the deleted Assignment section-, and WHEREAS, Landlord and Tenant desire to amend the Agreement to extend the Term of the Agreement. and WHEREAS, Landlord and Tenant desire to amend the Agreement to adjust the rent in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof, and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of whic 1) are hereby acknowledged, Landlord and Tenant agree that the recitals set forth above are incorporated herein as if set forth in their entirely and further agree as follows: I. Reinsertion of Section 17 - Assignment. Section 17 of the Agreement is hereby reinserted in its entirety into the Agreement. 2. Extension of Term. The Term of the Agreement shall be extended to provide that the Agreement has a new extension term of five, (5) years (-New Extension Term-) which commenced on Novoriber I u 022. As of ibe commencement or the Nc%a F-xten,;ion Terin. the c\isting Term and anN e \tell %joll" thev,Qol. as arpl ic"IN C, N11,11) lie vof d a is id o I Ilk) It irl 11C r I orce or cowolkwtwe - llaws ApreemefflMll w1wN. ofillmoicim, Oil the o\Pir'llionol UwN'Qk 1,\(OnN.oti lean. too kq)soifirev(3) wlmwfc Agreement No. 3028C ,:'ell Site N%mc EL SE UNDO BOULEVARDILOMITA ST Cell Site Number-, Nuast"I Fixed Asset No., 1299294.5 Marlitc- Los Angeles Address: 400 Lomita Street, El Segundo, CA "245 consecutive additional periods of rive (5) years each (each such live (5) year additional period is hereinafter referred to as an "AdditionalExtension Term" and each such Additional Extension Term shall be considered an Extension Territ Linder the Agreement), upon the same terms and conditions of the Agreement, as amended herein, unless Tenant notifies Landlord in writing of Tenant's intention not to renew the Agreement at least sixty (60) days prior to the expiration of the New Extension Term or the then current Additional Extension Term. The New Extension Term and the Additional Extension Term are collectively referred to as the Term ("Term"), 3. Reat. Commencing on November 1, 2022, the current rent payable under the Agreement shall be Three Thousand and No/1,00 Dollars ($3,000,00) per month and shall contintie dwing the Term, subject to adjustment as provided herein. Within 90 days of the Effective Date, Tenant shall pay to Landlord an additional sum equal to the difference between the rent paid by Tenant since November 1, 2022, and the agreed upon, rental rate set forili herein. In the event of any overpayment of rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future rent payments an amount equal to the overpayment amount. 4. Future Rent Increase. The Agreement is amended to provide that tonimencing on November 1, 2023, rent shall increase by three percent (3%) over the rent paid during the previous year and on an annual basis thereafter. 5, Redevelopment. If Landlord desires to redevelop the Property or make any improvements thereon, (-Redevelopment-) and Landlord determines that the Redevelopi-nent necessitates relocation of Tenant's Communications Facility, thew (i) Landlord may require Tenant to relocate its Communicaflons Facility once during the term of the Agreement, (ii) Landlord shall give Tenant not less that% two (2) years' written notice prior to relocation; (iii) the Parties will' cooperate in an attempt to identify a suitable area for the relocation, (iv) all costs and expenses associated with or arising out of the relocation (incloding approval and permitting costs) shall be paid by Tenant; (v) the relocation shall be performed exclusively by 'Tenant or its agents; (vi) the Parties will cooperate in amending Section 11 and Exhibit 0 of the Agreement 10 re- define the "Premises" as appropriate; (vim) the Parties' relative rights, duties, and obligations with respect to the relocated premises will be identical to the Parties' relative rights, duties, arid obligations with respect to the Premises, unless otherwise agreed by the Parties; and (viii) if the Parties cannot agree ttpon a suitable area for relocation, then Tenant may terminate the Agreement in its reasonable judgment upon written notice to Landlord, without penally or further obligation. Tenant will also have the riglit to Use a (ealpoTary transmission site or cell on wheels ("COW") on, the Landlord's Property at a location sufficient to meet Tenant's coverage or engineering needs and as reasonably agreed upon by the Parties. The use of a temporary transmission site or COW shall not extend for a period longer tharl 120 days. 6. Acknowtedgemcni. Each Party acknowledges that: 1) this Third Amendment is entered into of (he Party"s free wilt and volition; and 2) each Party has read and understands this Third Amendment and the underlying Agreement and. prior to execution of this Third Amendment, was free to consult with counsel of its choosing regarding the Party's decision to enter into this Third Amendment and to have counsel review the terms and conditions of this Third Amendment.. 7. Notices. The notice provision set forth in Section 18 of the Agreement is deleted in its entirety, and the following is inserted in lieu thereof - NOTICES. All notices. requests, demands and communications hereunder %Nill be given by first class certilied or- re'-.1slered return receilit reLl(ICSted. Or h% a natitmalk recogni/ed overm"111 COL11-Jer. Agreement No. 3028C Cell Site Namet EL SEG(NOO BOULENARD/1-ON1111TA ST Cell Site Nuniber: N1,0515-0t Fixed Amel No. 12992945 Market: Los Angeles Address. 400 Lomits Street, El Segundo. CA "2415 postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the Parties as follows, If to Landlord, to: City of El Segundo 350 Main Street El Segundo, CA 90245 If to Tenant, to: New Cingular Wireless PCS, LLC Attw Network Real Estate Administration RE., Cell Site Name: EL SEGUNDO BOULEVARD/LOMITA ST (CA) Cell Site Number: NL0515-01 Fixed Asset No, 12992943 1023 Lenox, Park Blvd. NE. Y4 Floor Atlanta, GA 30319 With a required copy to: New Cing-olar Wireless PCS, LLC Attn: General Counsel - Network RE: Cell Site Name: EL SEGUNDO 13OULEVA RDAOMITA ST (CA) Cell Site Number.- NL0515-01 rixed Asset No. 12992945 208 & Alward Street Dallas. TX 75202 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice, Eilber Party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 8. Charges, All charges payable under the Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred, any charges beyond stich period shall not be billed by Landlord and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable without a requirement that it be billed' by Landlord. The provisions of this subsection shall survive the termination or expiration of the Agreement. 9. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreerricnt and this Third Amendment, the lerins of this Third Amendment shall control,. Except as expressly set forth in the First Amendment, Second Arnendment, and this Third Amendment, the Agreement otherwise is uninodified and remains in full force and effect. Each reference in the Agreement to itself'shall be deemed also to refer to this Third Ainendawnt. 10. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as derined in the Agreement. Agreement No. 3028C Cell Site Name: EL SEGUNDO BOULEVARD(LOMITA ST Cell Site lumber: NL0515-01 Fixed Asset No. 12992945 Market: Los Angeles Address: 400 Lomita Street, El Segundo, CA 90245 IN WITNESS WHEREOF, the Parties have caused their properly authorized representatives to execute this Third Amendment on the dates set forth be(ow_ LANDLORD: City of El Segundo, a municipal corporation By AM -- _- Name: Darrell a. e,�) g.E Title: City Manager Date: Z - 6 - Z f0VEDTO FORM:TTORNEY City Cork City of CI Segundo TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: ' Name: Date: 7 Agreement No. 3028C Recording Reguested B & When Recorded Return To:. Black Dot Wireless 23456 Madero K. Suite 210 Mission Viejo, CA 92691 APN: 4135-023-900 . ... ... ....... (Space Above "nlax Line far Recorder's Use Only) Re: Cell Site Name: EL SEGUNDO BOULEVARDILOMITA ST Cell Site Number: NL0515-01 Fixed Asset Number: 12992945 State: California County: Los Angeles MEMORANDUM OF THIRD AMENDMENT TO LEASE This Memorandum of Third Amendment to tease is entered into on this .a day of _��_^ , 202�, by and between City of El Segundo, a municipal corporation, having a mailing address of 0 Main Street, El Segundo, CA 90245 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as "Tenant"). Landlord and Tenant (or its predecessor -in -interest) entered into a certain Lease Agreement dated August 1, 2002, as amended by the First Amendment to Lease Agreement dated March 15, 2004, the Second Amendment to Lease A reement dated June 17, 2015. and the Third Amendment to Lease Agreement dated rtr�'�Jn'tairung 202Y (hereinafter, the "Agreement") for the purpose of installing, operating a.l a communications facility and other improvements at Landlord's real property located at 400 Lomita Street, El Segundo, CA 90245. All of the foregoing is set forth in the Agreement. A Memorandum of Lease was recorded on September 30, 2004 as Instrument No. 04 2526778 in the Official Records of Los Angeles County. 2. The Agreement Term initially commenced October 28, 2002 and the parties agree to further extend the Agreement for a new initial lease term of five (5) years commencing on November I, 2022, with three (3) successive five (5) year options to renew. 3. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1 annexed hereto. 4. This Memorandum of Third Amendment to Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terns, conditions or I)nn ision,, ol'the 1Z7rc,nwnt. all oi' Nxhich arc herehn ratilied ❑11L1 :lflir111eL1 11 tllc e0,nt of,t colltlict heM Cell the Ilrcnisiolls of 111,1" MenlorandL1ill Of Illll'd \1nenL1111C111 to I came and the Agreement No. 3028C provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Third Amendment to Lease as of the day and year first above written. LANDLORD: City of El Segundo, a municipal corporation QO---7— By Name: Darrell George Title: (sit.'y Nianger Date: Z — 6 Z TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By:AV . H Name: CS Title: Nc P,, tAG a 2 r Date: 2 tiJ [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE) AP PRO AS T, FORM: CITY � CRNEY Agreement No. 3028C EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 1 to the Memorandum of Third Amendment to Lease dated 2021, by and between City of El Segundo, a municipal corporation, as landlord, !21=67)ilfar ireless PCS, LLC, a Delaware limited liability company, as Tenant. The Premises are a portion of the Property located at 400 Lomita Street, El Segundo, CA 90245 and legally described and/or depicted as follows: The lead mftarod to herein is siwated in d w %ft of Califamta, Cotmty of Lw Amelc*, descnbed as follows: Lot Faun (4) in Block Thirty -fan (34) of El Segundo, Sheat No. I to the City of El Segundo, Cmmty of t,os Angeles, Slate of California, ss per map ro wiled m Book 22, pages 64 sad 66 of Maps, in the nfiice of the eosnty recorder of Laid caawy. Agreement No. 3028C LANDLORD AC NQWLLl« MENT A notary public or other officer completing this certificate verifies onI the identity of the individual who signed the document to which this certificate is attaced, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me — _. �, � ................ .. ®.1,..M �� (insert name and title of the officer) personally appeared who roved to me on the basis of p sett subscribed to the within instrument his/her/their authorized capacity(i, person(s)„ or the entity upon 'bttalf of I certify under PENAL paragraph is true and o WITNESS my hand and ofliial seal. idence to be the person(s) whose name(s) is/are wledged to me that he/she/they executed the same in t by his/her/their signature(s) on the instrument the the person(s) acted, executed the instrument. Y under the laws of the State of California that the foregoing Signature . .._ (Seal) Agreement No. 3028C CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 61m 1' :' Mmm*wC'wa 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 Lo--4-��4zl e� � On before me, _ ,y" PO 6 be Here Insert Name and Title of 1e Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the personprwhose namep�jj5zar sub cribed to the within instrument and acknoWedged to me that here y executed the same in his/sir authorized capacity), and that by he `r signature on the instrument the person or the entity upon behalf of which the perso�acted„ executed the instrument. *my PATRICIA HARADA-AUNotary Public - California Los Angeles County Commission # 2415617 Comm. Expires Sep 13, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of Calffornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, 111 .Signat re of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ' v Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Agreement No. 3028C A notary public or other officer completing this certificate verifies qr6ly the identity of the individual who signed the document to which this certificate is a ched, and not the truthfulness, accuracy, or validity of that document. State of California County of On personally appeared who proved to me on the basis of satin subscribed to the within instrument an his/her/their authorized capacity(ies), person(s), or the entity upon behalf of i certify under PENALTY OF paragraph is true and correct. WITNESS my hand and (insert name and title of the officer) v1dence to be the person(s) whose narne(s) Ware wledged to ine that he/she/they executed the same in t by his/her/their signature(s) on the instrument the the person(s) acted, executed the instrument, Y under the laws of the State of California that the foregoing Signature (Seal) Agreement No. 3028C 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 I County of I-71D2'k4b _Eduardo Felix - Notary Public On -Toll eforeme, . . ..... (insert name and title of the officer) personally appeared who proved to me on — the --b—a-smss:�'S-�a 2isfact rfr evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshetthey executed the same in his/her their authorized capacity(Jes), 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 PERJUAY under the taws of the State of California that the foregoing paragraph is true and correct. EDUARDD FEUX WITNESS my hand and official spaL Notary Public - California Riverside County Commission 0 24681'16 Signature (Seal) *my Com. Expires Oct 24,2027