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Market: SF /SAC/MNO
<br /> Cell Site Number: CNU46I
<br /> Cell Site Name: AURORA & FAIRWAY
<br /> Fixed Asset Number: 10101861
<br /> SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
<br /> THIS SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
<br /> ( "Amendment "), dated as of the latter of the signature dates below, is by and between the City of San Leandro, a
<br /> Municipal Corporation, having a mailing address of 835 E. 14 Street, San Leandro, CA 94577 ( "Lessor ") and New
<br /> Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular
<br /> Way, Suite 1300, Alpharetta, GA 30004 ( "Lessee ").
<br /> WHEREAS, Lessor and Lessee entered into a Communications Site Lease Agreement dated May 16, 2005,
<br /> as further amended by First Amendment to Communications Site Lease Agreement dated August 26, 2010 whereby
<br /> Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property located at 13800
<br /> Monarch Bay Drive, San Leandro, CA ( "Lease "); and
<br /> WHEREAS, Lessor and Lessee desire to amend the Lease to allow for the installation of additional
<br /> antennas, associated cables and other communications instruments; and
<br /> WHEREAS, Lessor and Lessee desire to amend the Lease to increase the size of the Premises; and
<br /> WHEREAS, Lessor and Lessee desire to adjust the rent in conjunction with the modifications to the Lease
<br /> contained herein; and
<br /> WHEREAS, Lessor and Lessee desire to amend the Lease to permit Lessee to add, modify and /or replace
<br /> equipment in order to be in compliance with any current or future federal, state or local mandated application,
<br /> including but not limited to emergency 911 communication services; and
<br /> WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Lease as set forth below
<br /> accordingly.
<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. Additional Antennas. In addition to the other antennas permitted in the Lease, Lessor consents to the installation
<br /> and operation of additional antennas, associated cables and equipment as more completely described on attached
<br /> Exhibit B -1. Lessor's execution of this Amendment will signify Lessor's approval of Exhibit B -1. Exhibit B -1
<br /> hereby supplements Exhibit B to the Lease.
<br /> 2. Lease of Premises. Lessor agrees to increase the size of the Premises leased to Lessee by 80 sq. ft.to
<br /> accommodate Lessee's needs. Upon the execution of this Amendment, Lessor leases to Lessee the Premises as
<br /> more completely described on attached Exhibit B -1. Lessor's execution of this Amendment will signify Lessor's
<br /> approval of Exhibit B -I. Exhibit 13-1 hereby supplements Exhibit A to the Lease.
<br /> 3. Rent. Commencing on the first day of the month following the date that Lessee commences construction of the
<br /> modifications set forth in this Amendment, Rent shall be increased by One Thousand, One Hundred, Twenty -Five
<br /> and No /I00 Dollars ($1,125.00) per month, subject to further adjustments as provided in the Lease.
<br /> 4. Emergency 911 Service. In the future, without the payment of additional rent and at a location mutually
<br /> acceptable to Lessor and Lessee, Lessor agrees that Lessee may add, modify and/or replace equipment in order to be
<br /> in compliance with any current or future federal, state or local mandated application, including but not limited to
<br /> emergency 911 communication services.
<br /> 3 -2010 Amendment
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