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CONTRACT 4017A AmendmentAgreement No. 4017A FIRST AMENDMENT TO LEASE AGREEMENT This FIRST AMENDMENT TO LEASE AGREEMENT ( "Amendment ") is made this day of 9e&eM P -A- — „ 2015, by and between City of El Segundo, a government agency ( "Landlord "), and Los Angeles SMSA Limited Partnership, dba Verizon Wireless ( "Tenant "). RECITALS A. Landlord is the owner of that certain building ( "Building ") and real property located at 400 Lomita Street, El Segundo, California (the "Property "). B. Landlord and Tenant are parties to that certain Lease Agreement dated December 17, 2009 (the "Lease "), whereby Landlord leases to Tenant ground space at the Property and space on Landlord's water tank (the "Water Tank ") for antennas (the "Existing Antennas "), together with the right of access to and from the nearest public right -of -way and the right to install utilities (collectively, the "Existing Premises ") for the operation and maintenance of a communications facility. C. Landlord and Tenant have agreed that Tenant shall remove the Existing Antennas and install new antennas on a new antenna structure to be constructed by Tenant at the Property in accordance with this Amendment. D. Landlord and Tenant desire to amend the Lease to (i) memorialize the relocation of Tenant's Existing Antennas from the Water Tank to the antenna structure to be constructed by Tenant at the Property, (ii) amend the Existing Premises in order for Lessee to install an antenna structure and related appurtenances, (iii) replace certain exhibits to the Lease, and (iv) modify other provisions of the Lease, all as provided below. AGREEMENT NOW, THEREFORE, by mutual agreement of the parties and in consideration of the mutual promises, rights and obligations hereinafter set forth, the Lease is hereby amended 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. Exhibits. Upon completion of relocation of Tenant's Existing Antennas, Exhibit "B" attached to the Lease will automatically be deemed deleted in its entirety and replaced by the Revised Exhibit "B" attached hereto and made a part hereof which describes the New Premises (defined below). All references in the Lease to Exhibit `B" shall be deemed to reference Revised Exhibit `B." Posa Park 48959379,2 Agreement No. 4017A 3. Premises. Following full execution of this Amendment, Landlord and Tenant acknowledge and agree that Tenant shall be permitted to remove the Existing Antennas and install a new antenna structure at an alternate location on the Property (the "Relocation "), substantially as described and depicted in Revised Exhibit "B." Upon completion of the Relocation, Tenant shall lease from Landlord: (i) a twelve -foot (12') by twenty- one -foot (21') portion of ground space containing approximately two hundred fifty -two (252) square feet for Tenant's equipment (the "Equipment Space "), together with additional ground space at the Property sufficient for installation, operation and maintenance of Tenant's proposed mono -pine and equipment appurtenant thereto (the "Antenna Space ") (the Equipment Space and Antenna Space shall hereinafter be referred to collectively as the "Land Space "), together with the non - exclusive right (the "Rights of Way ") for ingress and egress, seven (7) days a week twenty four (24) hours a day, on foot or motor vehicle, including trucks over or along a right of way extending from the nearest public right of way, Lomita Street, to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way (the "Additional Rights of Way ") between the Equipment Space and Antenna Space, and to the nearest appropriate utilities provider, for the purpose of installation, operation and maintenance of Tenant's communications Facility. The Equipment Space, Antenna Space, Rights of Way and Additional Rights of Way are hereinafter collectively referred to as the "New Premises," being substantially as described herein in Revised Exhibit "B." Upon completion of the Relocation, In the event any public utility is unable to use the Additional Rights of Way, Landlord may, but is not required to, grant an additional right of way either to Tenant or to the public utility at no cost to Tenant. Tenant shall restore the portion of the Water Tank and Property vacated by the Existing Antennas as required by the Lease. Upon completion of the Relocation and Tenant's restoration obligations, Tenant shall no longer be deemed to lease from Landlord the Existing Premises, and the description of the Existing Premises shall automatically be deemed deleted and replaced by the foregoing description of the New Premises. The Parties acknowledge and agree that from and after such Relocation, all references in the Lease to "Premises" (as defined in the Lease) shall mean and refer to the New Premises. 4. Improvements. Landlord hereby consents to the alterations, additions and improvements that are depicted on the Revised Exhibit "B," and in this Amendment (collectively, "New Improvements "). Notwithstanding anything to the contrary in the Lease, Landlord and Tenant agree that Tenant may add, replace and/or relocate its equipment and improvements on and within the New Premises, as well as install any and all conduits, cables, equipment, radios and hardware necessary for the New Improvements described and depicted on the Revised Exhibit "B." 5. Governmental Approvals. It is understood and agreed that Tenant's ability to use the New Premises shall be contingent upon its obtaining after the execution date of this Amendment all of the certificates, permits and other approvals (collectively the "Governmental Approvals ") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit Tenant use of the New Premises as set forth above. Upon obtaining all Governmental Approvals, Tenant shall be permitted to construct the New Facility at the New Premises as described and depicted in the Revised Exhibit "B." In the event that any of Tenant's 2 Posa Park 48959379_2 Agreement No. 4017A applications for Government Approvals should be finally rejected, or if Tenant determines that such Governmental Approvals may not be obtained in a reasonable or timely manner or Tenant determines that any soil boring tests are unsatisfactory, Tenant shall have the right to terminate the Lease. From and after completion of the Relocation, Tenant shall continue to have the termination rights described in the Lease. 6. Permitted Use. Upon full execution of this Amendment, Section 2 of the Lease is hereby deleted in its entirety and amended to read as follows: "PERMITTED USE. Tenant shall use the Property for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at Tenant's expense and their installation shall be at the discretion and option of Tenant. After obtaining Landlord's permission (which will not be unreasonably withheld), Tenant may replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the term." 7. Tree Trimming. Landlord and Tenant acknowledge and agree that Tenant shall be permitted to perform certain landscaping maintenance on and adjacent to the New Premises, which landscaping maintenance shall include, but not be limited to, tree trimming and such maintenance as may be required by the Governmental Approvals. 8. 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. [Signatures appear on the following page.] 3 Posa Park 489593792 Agreement No. 4017A IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the latter date written below. LANDLORD: P 0 FO AS TO FORM: City of segi.lr " , a go e inient agency r By: ITY Name: Cols Title: tA-fA4 QAt twwjc� ATTEST' Dater M TENANT: &!tyv CI of El Segundo Los Angeles SMSA Limited Partnership, a California limited partnership d/b /a Verizon Wireless By: AirTouch Cellular, its General Partner k t Name: llarrrld'-W-, Navarre Its: Executive Director— Network- Date: 4 Posa Park 489593792 Revised Exhibit "B" New Premises Posa Park 48959379,2 Agreement No. 4017A Agreement No. 4017A I 1, N V) 1" :, uj LLj of En 0 L!O, ji 0 IL m LU Ll U Agreement No. 4017A LLJ CL N 9' a IL Hl Millillillu Ll Eo", d. L"I'll LJ �, Agreement No. 4017A - --- - -------------------------- X �X I Tl 4,lp II jP. I N T, i ILL - --- - -------------------------- X �X I Tl 4,lp II jP.