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CONTRACT 3028A Amendment�W 3 a Cell Site No. LSANCA0086 Market: FSA 6 / LA Address: 400 Lomita Street, El Segundo, CA 90245 FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment To Lease Agreement ( "Amendment ") dated as of the dates below, is by and between City of El Segundo, with an office at 115 Illinois St., El Segundo, CA 90245 (hereinafter referred to as "Landlord ") and AB Cellular LA, LLC, a Delaware limited liability company, d/b /a AT &T Wireless, having an office at 2729 Prospect Park Drive, Ranch Cordova, CA 95670 (hereinafter referred to as "Tenant "). WHEREAS, Landlord and Tenant entered into a Lease Agreement dated August 1, 2002, 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 ( "Lease "); and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice address; and WHEREAS, Landlord and Tenant desire to amend the Lease to increase the size of the Premises; and WHEREAS, Landlord and Tenant desire to amend the Lease to permit Tenant to comply with new federal laws regarding the provision of enhanced Emergency 911 Services from mobile phones by allowing the installation of additional antennas and associated cables and equipment; and WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Lease contained herein; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Notices. Section 18 of the Lease is hereby amended as follows: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties as follows. As to Tenant, AT &T 30 2 S -A. . . Wireless Services, Inc., Attn: Wireless Asset Management, P.O. Box 2088, Rancho Cordova, CA 95741 -2088, Re: Cell Site # LSANCA0086, with a copy to AT &T Wireless, Attn.: Legal Department; Re: Cell Site #LSANCA0086; at 8645 154th Ave., N.E., Redmond, WA 98052, and as to Landlord, 115 Illinois St., El Segundo, CA 90245. Either 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. 2. Premises. Landlord agrees to increase the size of the Premises by approximately twenty -four (24) square feet to accommodate additional cabinets and additional antennas. Upon the execution of this amendment, Landlord leases to Tenant the Premises as more completely described on attached Exhibit B -1. Landlord's execution of this amendment will signify Landlord's approval of Exhibit B -1. Exhibit B -1 hereby supplements Exhibit B to the Lease. 3. Emergency 911 Service. Landlord agrees that Tenant will be permitted to install Emergency 911 Service antennas and associated cables and equipment in the location set forth in the attached Exhibit B -1. 4. Rent. Effective upon commencement of construction of the changes, Rent shall be increased by Two Hundred and no /100 Dollars ($200.00) per month, subject to adjustments as provided in the Lease. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified, remains in full force and effect and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. 6. Capitalized Terms. All capitalized terms used herein shall have the same meanings as defined in the Lease. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. [SIGNATURES FOLLOW ON NEXT PAGE] 1+ LANDLORD: City of El Seg- By: Title: Date: Approved as ' oX W"y o, Mark D Ha l�;(ty,rne�u I� By: Karl H. 134"rr Title: Assistat fit Date: TENANT: AB Cellular LA, LLC, a Delaware limited liability company, d/b /a AT &T Wireless Xf.! „ EXHIBIT B -1 SEE ATTACHED LEASE EXHIBITS. EXHIBIT B- I DESCRIPTION OF PREMISES Ex5nNG UNDERGROUND YEwJ WNDUA` wffmm EAMEW 0 27 8 41 mbrwG V-01 AIDE COMA-1. 7 WNW RMLAREM CAaE RUM UNDERORDUND, ROM MIFUZa io THE FOCTW. OF THE WAM TANK,(PPPROX. W' LEASE ARrA OU D r. Pam ED., kaa ImmN 51-01 avmm FROM Lmury POLE % 1047417 ++I WF-VDff (FOR MMNUAMW SEE I/C01) -AT&T ATST WVUUN BEROM 0M MOMOKKARROMME cowau%QA am4c DMI UffV?o_._. POLE Ex5nNG UNDERGROUND YEwJ WNDUA` wffmm EAMEW 0 27 8 41 7 WNW RMLAREM 7+ + + LEASE ARrA OU D r. Pam ED., kaa ImmN 51-01 ++I WF-VDff -AT&T ATST WVUUN BEROM 0M MOMOKKARROMME cowau%QA , Prepared by : SBA Network Services, Inc., 150 Paularino Ave., Suite A -166 Costa Mesa, CA 92614 Return to AT &T Wireless Services Attn: Wireless Asset Management P.O. Box 2088 Rancho Cordova, CA 95741 -2088 Cell Site No.: LSANCA0086 State: California County: Los Angeles MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this V'-1 day of IM G.V cA(\ , 200 4, by and between City of El Segundo having a mailing address of 115 Illinois St., El Segundo, CA 90245 (hereinafter referred to as "Landlord ") and AB Cellular LA, LLC, a Delaware limited liability company, d/b /a AT &T Wireless, having an office at 2729 Prospect Park Drive, Ranch Cordova, CA 95670 (hereinafter referred to as "Tenant "). 1. Landlord and Tenant entered into a certain Lease Agreement ( "Lease ") on August 1, 2002, as amended by that certain First Amendment to Lease Agreement for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Lease. 2. The term of the Lease is for an Initial Term of five (5) years commencing on the date that Tenant commences construction and ending on the last day of the month in which the fifth (5th) anniversary of the Commencement Date occurs, 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 B -1 annexed hereto. 4. The Lease 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 Lease. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written "TENANT" AB Cellular LA, LLC a Delaware limited liability company d/b /a AT &T Wireless, I CERTIFY that on f , 200-q, personally came before me and acknowledged under oath that &hf, - L4 (a) is the City Manager of City of El Segundo, the Landlord named in the attached instrument, (b) was authorized to execute this instrument on behalf of the Landlord and (c) executed the instrument as the act of the Landlord. Notary Public My Commission Expires: - - [ACKNOWLEDGEMENTS CONTINUE ON FOLLOWING PAGE LINDA CA' California TENANT ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES I CERTIFY that on MO-C -H MICHAEL 1- 9-P4& [name of representative] acknowledged under oath that he or she: A.. 15 , 2004 personally came before me and (a) is the &XZe M &MALte-Z., [title] of AB Cellular LA, LLC, a Delaware limited liability company, d/b /a AT &T Wireless, By: LIN Cellular Communications Corporation, a California corporation, Its Member, the corporation named in the attached instrument, EXHIBIT B -1 DESCRIPTION OF PREMISES