OMNIPOINT COMMUNICATIONS, INC. (T-MOBILE) 2 - 2007

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A- 2007 -281 Site Name: TM010 Jerome Park Site ID #: LA03010A INSURANCE NOT ON FILE WORK MAY KI pROCETHE CITY o OF ANA AND OMNIPO NT COMMUNICATIONS INC. for CLERK OF COUNCIL (2 . Pa. ks , Re,-- . F C N ) Jerome Park DATE: 1-2 "10 -0�7 cur l0. rkvmfk�^s This First Amendment to Land Lease Agreement between the City of Santa Ana and Omni oint Communications, Inc. for Jerome Park (hereinafter "First Amendment ") is attached to and made part of the Land Lease Agreement Between The City of Santa Ana and Omniponu Communications, Inc. for Jerome Park (the "Lease ") dated as of December 5, 2005 by and between the City of Santa Ana, , a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ( "LESSOR ") and OMNIPOINT COMMUNICATIONS, INC., a subsidiary of T- Mobile USA, Inc., a Delaware corporation, with a place of business of 3 Imperial Promenade, Suite 1100, Santa Ana, CA 92707 ( "LESSEE "). RECITALS: WHEREAS, the property address 888 W. Santa Ana Blvd, Santa Ana CA, specified in Section 1 of the Lease., is incorrect and the Parties wish to correct the address to 2115 W. Mc Fadden Avenue., Santa Ana, CA 92704;and WHEREAS, LESSEE was to construct concrete bleachers under the Approved Plans but LESSEE and LESSOR now want to provide for portable bleachers instead; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged; and WITHOUT limiting the terms of the Lease, LESSOR and LESSEE, intending to be legally bound, further agree to amend the Lease as follows: AMENDMENTS: 1) The address "888 W. Santa Ana Blvd, Santa Ana CA" appearing in Section 1 of the Lease is hereby deleted and replaced with the address "2115 W. Mc Fadden Avenue, Santa Ana, CA 92704 ". 2) The Approved Plans included in the Lease and titled "Exhibit B" are hereby deleted in their entirety and replaced with the Approved Plans embodied in "Exhibit B -I" attached hereto. All reference in the Lease to Exhibit B shall mean the new Exhibit B -1. LESSEE shall contract and pay to All Purpose Manufacturing, Inc., the sum not to exceed Thirty Thousand Dollars ($30,000.00) for the purchase and installation of portable bleachers as described in the attached Exhibit B -1. The portable bleachers shall not be part of the Premises or LESSEE's Facilities. LESSOR assumes all title and ownership interest in, all maintenance responsibility and liability for the portable bleachers. LESSEE shall have no obligation under the Lease to provide concrete bleachers or any other bleachers once the sum is paid to All Purpose Manufacturing, Inc., as provided herein. HEADINGS: Any and all headings in the original Lease and any Amendment thereto, are for reference and/or clarification purposes only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained therein. IN THE EVENT of a conflict between the original Lease, and this First Amendment, this First Amendment )hall control. All terms and conditions in the Lease and Exhibits thereto which are not inconsistent herewith remain in full force and effect. (signature page followsl