25G - APPROVE AND ASSIGNMENT AND GROUND LEASE

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01276C;4__L.cA a __Ai,iDl,,,,121010.p11 - Page t A-2012-199 Celt Site No./Name; FA 10127664 / 00O240-02 Market: Los Angeles qm FIRST AMENDMENT TO LAND LEASE AGREEMENT ty,42S (�J� THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT ("First Amendment"), dated as x4�! 1 0 f the latter of the signature dates below (the Effective Date"), is by and between the City of Santa Ana, zz charter city and municipal corporation organized and existing under the Constitution and laws of the "Mate of California, having a mailing address of 20 Civic Center Plaza (M-30), P.O. Box 1988, Santa Ana, California 92702 (hereinafter referred to as "Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, Georgia 30004 (hereinafter referred to as "Lessee"). WHEREAS, Lessor and Lessee entered into a Land Lease Agreement dated April 19, 2011, whereby Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property located at 2115 West Mcfadden, Santa Ana, Orange County, California (the "Agreement"); and WHEREAS, Lessor and Lessee desire to amend the Agreement to provide that Lessee is not obligated to share tower rent received from Verizon Wireless as a third -party tower co -location user; and WHEREAS, Lessor and Lessee, 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 which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Co -Location Revenue Share. Notwithstanding anything in Section 25(B) of the Agreement to the contrary, Lessor hereby acknowledges that Lessee is not obligated to share eighty percent (80%) of the tower rent received from Verizon Wireless, ag'a third -party tower co -location user. 2. Other Terms and Conditions. Remain. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in, the Agreement to itself shall be deemed also to refer to this First Amendment. 3. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. REMAINDER OF PAGE INTENTIONALLY BLANK SIGNATURES APPEAR ON NEXT PAGE 25G-30