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25A - AGMT - LAND LEASE AT 2115 W MCFADDEN
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25A - AGMT - LAND LEASE AT 2115 W MCFADDEN
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9/27/2012 2:47:59 PM
Creation date
9/27/2012 2:47:58 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25A
Date
10/1/2012
Destruction Year
2017
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Cell Site No./Name: FA 10127664 / 000240-02 <br />Market: Los Angeles <br />FIRST AMENDMENT TO LAND LEASE AGREEMENT <br />THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT ("First Amendment"), dated as <br />of the latter of the signature dates below (the "Effective Date"), is by and between the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California, having a mailing address of 20 Civic Center Plaza (M-30), P.O. Box 1988, Santa Ana, <br />California 92702 (hereinafter referred to as "Lessor") and New Cingular Wireless PCS, LLC, a Delaware <br />limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, <br />Georgia 30004 (hereinafter referred to as "Lessee"). <br />WHEREAS, Lessor and Lessee entered into a Land Lease Agreement dated April 19, 2011, <br />whereby Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property <br />located at 21 15 West Mefadden, Santa Ana, Orange County, California (the "Agreement"); and <br />WHEREAS, Lessor and Lessee desire to amend the Agreement to provide that Lessee is not <br />obligated to share tower rent received from Verizon Wireless as a third-party tower co-location user ; and <br />WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set <br />forth below accordingly. <br />NOW THEREFORE, in consideration of the foregoing and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as <br />follows: <br />1. Co-Location Revenue Share. Notwithstanding anything in Section 25(B) of the Agreement <br />to the contrary, Lessor hereby acknowledges that Lessee is not obligated to share eighty percent (80%) of <br />the tower rent received from Verizon Wireless, as a third-party tower co-location user. <br />2. Other Terms and Conditions Remain. In the event of any inconsistencies between the <br />Agreement and this First Amendment, the terms of this First Amendment shall control. Except as <br />expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full <br />force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First <br />Amendment. <br />3. Capitalized Terms. All capitalized terms used but not defined herein shall hzve the same <br />meanings as defined in the Agreement. <br />REMAINDER OF PAGE INTENTIONALLY BLANK <br />SIGNATURES APPEAR ON NEXT PAGE, <br />
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