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HomeMy WebLinkAboutNew Cingular Wireless PCS, LLC - El Toyon Park Wireless Facility - 2024 AMENDMENT TO LEASE AGREEMENT (El Toyon Park Wireless Facility) THIS AMENDMENT TO LEASE AGREEMENT ("Amendment") is dated and made effective as of the date of the last party to sign ("Effective Date"), by and between New Cingular Wireless PCS, LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact("Tenant"), and the City of National City ("Landlord"). RECITALS A. The Tenant and Landlord are all of the current parties to that certain Lease Agreement originally made between Landlord and Tenant's successor-in-interest, GTE Wireless of the Pacific Incorporated,a Delaware corporation, dated as of December 14, 1999,and recorded in the Office of the County Recorder for the County of San Diego on June 20,2000,as Instrument No. 2000-0322955 ("Lease Agreement"). B. The initial term of the Lease Agreement commenced on December 15, 1999 and expired on December 14,2004. The Lease Agreement provided for four(4)extensions of five (5) years each (each a "Renewal Term"), all of which have been exercised by Tenant. According to the Lease Agreement,the final Renewal Term expires on December 14, 2024. C. The Tenant and Landlord desire to amend the Lease Agreement as set forth herein. All terms not defined in this Amendment shall have the meanings set forth in the Lease Agreement. In the event of any conflict between the Lease Agreement and this Amendment, the terms of this Amendment shall control. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, the Tenant and Landlord hereby amend the Lease Agreement, and agree,promise and declare as follows: 1. Extension of Term. Upon expiration of the final Renewal Term on December 14, 2024, the term of the Lease Agreement shall automatically extend for one (1) additional one (1) year term,with a final expiration on December 14, 2025. 2. General Provisions. (a) Severability. If any provision of this Amendment is deemed to be invalid or unenforceable by a court of competent jurisdiction,that provision shall be severed from the rest of this Amendment and the remaining provisions shall continue in full force and effect. (b) Recitals Incorporated. The Recitals to this Amendment are hereby incorporated into this Amendment by this reference. Site Name:43RD STREET 1 Business Unit#:845119 (c) Counterparts. This Amendment may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties,even though all of the parties are not signatories to the same counterpart. (d) Conflicts. In the event of any conflict between the Lease Agreement and this Amendment,this Amendment shall control. (e) Signature Authority. All individuals signing this Amendment for a party which is a corporation,limited liability company,partnership or other legal entity,or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant to the other party that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. [SIGNATURE PAGE FOLLOWS] Site Name:43RD STREET 2 Business Unit#:845119 TENANT: New Cingular Wireless PCS,LLC, a Delaware limited liability company By: CCATT LLC, a Delaware limited liability company Its: Attorney In Fact By: / f Print Name: Ma he Orwoo( Its: Dir Nat'l RE Ops LANDLORD: City of National City (11— By: Benjamin A. Martinez, City anager APPROVED AS TO FORM: Barry J. Schultz, City Attorney By: 0.4,47 jc,444,-'34-- Site Name:43RD STREET 3 Business Unit#:845119 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of ✓1 i e„ 0 • ' -1 On o �2/� as before me kg, b a nyok `l/ • 559%/7 /1184Q�'c� 62t//', Da e Here Insert Name and Title of the Officer personally appeared Q n j R r+'� '. ,4 . A Q f T7 �!'C Z •l Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LATONYA Y.NUSSAIN fir.}t Notary Public-California WITNESS my hand and official seal. San Diego County :�!� Commission Y 24I0598 My Comm.Expires Dec 13,1026 A Signature G }��/7 , Sign re�JJotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter-Iteration of the document or fraudulent reattachment of this form to an uninte ded document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Nam-. Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in F. ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian .r Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907