AgdaPkt 2011-07-11 - Laserfiche WebLink

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Cell Si6.3.B. - Page 4 �)D CITY_WS- 28463.1 FA No: 10095696 Site Address: 500 Block of California Way, Redwood City, CA 94062 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ( "First Amendment') dated as of the later date below is by and between the City of Redwood City, a charter city and California municipal corporation, having a mailing address at 1017 Middlefield Road, Redwood City, CA 94063 (hereinafter referred to as "Lessor ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Bay Area Cellular Telephone Company, a California general partnership, having a mailing address at 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Lessee "). WHEREAS, Lessor and Lessee's predecessor entered into a Lease Agreement dated July 29, 1996 whereby Lessor leased to Lessee certain Leased Premises, therein described, that are a portion of the Emerald Lake Hills Water Tank Property located at the 500 Block of California Way, Redwood City, CA 94062 ( "Lease "); and WHEREAS, Lessor and Lessee desire to extend the term of the Lease; and WHEREAS, Lessor and Lessee desire to modify, as set forth herein, the rent payable under the Lease; and WHEREAS, Lessor and Lessee, in their mutual interest, further wish to amend the Lease to include the Site Plan originally prepared by Lessee's predecessor (attached as Exhibit B -1 hereto) as part of Exhibit B as it is referenced throughout the Lease but appears to have been inadvertently omitted from the Lease. 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. Term. The Term of the Lease as set forth in Lease Section 2 is hereby amended to provide a third Extended Term of five (5) years ( "Third Extended Term "), commencing on July 29, 201 land expiring on July 28, 2016. Hereafter, the defined term "Term" shall included the "Third Extended Term ". 2. Modification of Rent. Commencing on July 29, 2011, the rent payable for the first year of the Third Extended Term (July 29, 2011 through July 28, 2012) shall be $30,000.00 annually, and shall continue during the Third Extended Term. The annual rental payment shall be due and payable in advance on July 29 of each year of the Third Extended Term. 3. Exhibit B. Exhibit B of the Lease is hereby supplemented with the Site Plan, attached hereto as Exhibit B -1. 4. Memorandum of Lease Amendment. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease Amendment substantially in the form of the Attachment 2. Either party may record this memorandum at any time, in its absolute discretion. ATT Master Template _v.20_v.2