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07/11/2011 <br /> Cell Site: REDWOOD CITY_WS- 28463.1 <br /> FA No: 10095696 <br /> Site Address: 500 Block of California Way, Redwood City, CA 94062 <br /> FIRST AMENDMENT TO LEASE AGREEMENT <br /> THIS FIRST AMENDMENT TO LEASE AGREEMENT ( "First Amendment ") dated as of the later <br /> date below is by and between the City of Redwood City, a charter city and California municipal corporation, <br /> having a mailing address at 1017 Middlefield Road, Redwood City, CA 94063 (hereinafter referred to as <br /> "Lessor ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to <br /> Bay Area Cellular Telephone Company, a California general partnership, having a mailing address at 12555 <br /> Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Lessee "). <br /> WHEREAS, Lessor and Lessee's predecessor entered into a Lease Agreement dated July 29, 1996 <br /> whereby Lessor leased to Lessee certain Leased Premises, therein described, that are a portion of the Emerald <br /> Lake Hills Water Tank Property located at the 500 Block of California Way, Redwood City, CA 94062 <br /> ( "Lease "); and <br /> WHEREAS, Lessor and Lessee desire to extend the term of the Lease; and <br /> WHEREAS, Lessor and Lessee desire to modify, as set forth herein, the rent payable under the Lease; <br /> and <br /> WHEREAS, Lessor and Lessee, in their mutual interest, further wish to amend the Lease to include the <br /> Site Plan originally prepared by Lessee's predecessor (attached as Exhibit B -1 hereto) as part of Exhibit B as it <br /> is referenced throughout the Lease but appears to have been inadvertently omitted from the Lease. <br /> NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the <br /> receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: <br /> 1. Term. The Term of the Lease as set forth in Lease Section 2 is hereby amended to provide a <br /> third Extended Term of five (5) years ( "Third Extended Term "), commencing on July 29, 2011and expiring on <br /> July 28, 2016. Hereafter, the defined term "Term" shall included the "Third Extended Term ". <br /> 2. Modification of Rent. Commencing on July 29, 2011, the rent payable for the first year of the <br /> Third Extended Term (July 29, 2011 through July 28, 2012) shall be $30,000.00 annually, and shall continue <br /> during the Third Extended Term. The annual rental payment shall be due and payable in advance on July 29 <br /> of each year of the Third Extended Term. <br /> 3. Exhibit B. Exhibit B of the Lease is hereby supplemented with the Site Plan, attached hereto as <br /> Exhibit B -1. <br /> 4. Memorandum of Lease Amendment. Either party will, at any time upon fifteen (15) days <br /> prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of <br /> Lease Amendment substantially in the form of the Attachment 2. Either party may record this memorandum at <br /> any time, in its absolute discretion. <br /> ATT Master Template_v.20_v.2 <br /> RESO # 15130 <br /> MUFF # 304 <br />