HomeMy WebLinkAboutNCWOCS MPL 31- Year Sites Tower Holdings LLCDocuSign Envelope ID: 52C5248C-6EB3-4057-916F-A733439770FD
FIRST AMENDMENT TO LAND LEASE AGREEMENT
THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT (the "First
Amendment") is entered into this 18th day of June , 2018 ("Effective Date") by and between
Town of Los Altos Hills, a Municipal Corporation("Lessor") and NCWPCS MPL 31 - Year Sites
Tower Holdings LLC, a Delaware limited liability company, by and through its attorney-in-fact
CCATT LLC, a Delaware limited liability company ("Lessee").
WHEREAS, Lessor and New Cingular Wireless PCS, LLC, a Delaware limited liability
company ("Original Lessee") entered into that certain Land Lease Agreement dated March 23,
2006 ("Agreement") whereby Lessor leased to Original Lessee certain real property, together with
access and utility easements, therein described (the "Premises"). The Premises is within a portion
of the real property owned by Lessor commonly known as 26379 Fremont Road, Los Altos Hills,
CA 94022 (the "Lessor's Property"); and
WHEREAS NCWPCS MPL 31 -Year Sites Tower Holdings LLC is currently the Lessee
under the Agreement as successor -in -interest to the Original Lessee; and
WHEREAS, Lessee wishes to modify the term of the Agreement and Lessor is willing to
modify the term of the Agreement in the manner set forth herein;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Lessor and Lessee agree as follows:
1. Defined Terms. Any capitalized terms not defined herein shall have the meanings
ascribed to them in the Agreement.
2. Utility Charge. Lessor and Lessee agree that no payments are due under Section
30(b) of the Agreement up to and including the Effective Date of this First Amendment and that
any such charges are paid in full up to and including the Effective Date of this First Amendment.
Lessor and Lessee hereby acknowledge that an electric line meter has been installed at the
Premises for the purpose of measuring the electric usage at the Premises. Notwithstanding
anything in the Agreement to the contrary, from and after the Effective Date, Lessee shall pay all
utility charges incurred by Lessee at the Premises directly to the applicable utility provider.
3. Notices. Lessee's notice address for purposes of the Agreement is amended
as follows:
If to Lessee:
NCWPCS MPL 31 — Year Tower Holdings LLC
Legal Department
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202-4206
Site Name: Los Altos Hills Town Hall
Business Unit #: 856576
DocuSign Envelope ID: 52C5248C-6EB3-4057-916F-A733439770FD
With a copy to:
CCATT LLC
Attn: Legal — Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
4. Ratification.
(a) Lessor and Lessee agree that Lessee is the current Lessee under the
Agreement, the Agreement is in full force and effect, and the Agreement contains the
entire agreement between Lessor and Lessee with respect to the Premises, in each case,
as amended herein.
(b) Each party agrees that any and all actions or inactions that have occurred
or should have occurred prior to the date of this First Amendment are approved and
ratified and that no breaches or defaults exist as of the date of this First Amendment.
(c) Each party represents and warrants that such party is duly authorized and
has the full power, right and authority to enter into this First Amendment and to perform
all of its obligations under the Agreement, as amended, and neither this First Amendment
nor the transactions contemplated hereby constitute a violation or breach of Lessor's
obligations related to the Premises.
(d) Each party represents that the individual executing this First Amendment
on behalf of such party is authorized to do so and has the full power to bind such party.
5. Remainder of Agreement Unaffected. The parties hereto acknowledge that except
as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the
event of any conflict or inconsistency between the terms of this First Amendment and the Agreement,
the terms of this First Amendment shall control. This First Amendment may be executed
simultaneously or in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
This First Amendment is executed as of the date first above written.
Signatures to follow on next page
Site Name: Los Altos Hills Town Hall
Business Unit #: 856576 2
DocuSign Envelope ID: 52C5248C-6EB3-4057-916F-A733439770FD
LESSOR:
TOWN OF LOS ALTOS HILLS, a municipal
corporation
By: ��DocuSigned by:
�`�
SF94AA338OF46
Name: y.
Car Cahill
Title: City Manager
Site Name: Los Altos Hills Town Hall
Business Unit #: 856576 3
LESSEE:
NCWPCS MPL 31 - YEAR SITES
TOWER HOLDINGS LLC,
a Delaware limited liability -company
By: CCATT LLC, a Delaware limited
liability company
Its: Attorney In Fact
DocuSigned by:
RAki" �il�&b-r
By:
—B6177FB401284D1...
Name: Sabrina Hunter
Title: Real Estate Manager
a -Lu
AT&T Services, Inc.
Network Real Estate Administration
575 Morosgo Drive, (12F East Tower)
Atlanta Georgia 30324
FA #: 10095750
SITE NAME: LOS ALTOS HILLS
MARKET NAME: SAN FRANCISCO/SACRAMENTO
AGREEMENT ID: 72621
Via Certified Mail — Return Receipt Request Number 7013 2250 0000 5064 9983
February 13, 2018
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
FA: 10095750-76261
Subject: Notice of Intent to Extend Lease Term for Site Name: LOS ALTOS HILLS
Dear Lessor:
Please accept this letter as written notification that New Cingular Wireless PCS, LLC is
extending the term of this Lease for an additional 5 year term from June 18, 2018 through June
17, 2023.
Should you have any questions regarding the above, please contact me on our toll-free number,
877-231-5447. To expedite processing of your request, please reference the site name as found
on the subject line of this letter on all communications.
Sincerely,
Frantz Pascal
AT&T Mobility — Terminations and Renewals
Sr. Network Lease Specialist
FP Extend Lease Term
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