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Home My WebLink AboutT-Mobile West, LLC - First Amendment to Communications Tower Site License Agreement at 2233 N. 1st St. FIRST AMENDMENT TO COMMUNICATIONS TOWER SITE LICENSE AGREEMENT This First Amendment to Communications Tower Site License Agreement (the Amendment) is effective as of the date of execution by the last party to sign (the Effective Date) by and between the City of Fresno, a municipal corporation (Licensor) and T-Mobile West LLC., a Delaware limited liability company (Licensee) (collectively, the Parties). Licensor and Licensee (or its predecessor-in-interest) entered into that certain Communications Tower Site License Agreement dated December 1 , 1999. (the License) regarding Licensor's licensed area (Premises) located at 2233 N. 1 st Street, Fresno, CA 93703 (the Property). NOW, for good and valuable consideration, Licensor and Licensee agree as follows: 1. The License is in full force and effect and neither Licensor nor Licensee is in breach under the terms of the License. 2. At the expiration of the License, the Term of the License will automatically be extended for six additional and successive five-year terms (each a Renewal Term), provided, that Licensee may elect not to renew by providing Licensor thirty (30) days' notice prior to the expiration of the then current Renewal Term. 3. At the commencement of the first Renewal Term provided for in this Amendment, Licensee shall pay Licensor One Thousand Two Hundred Fifty and no/100 Dollars ($1,250.00) per month (Rent) in advance, by the fifth day of each month. Any Rent previously paid from and after the commencement of the first Renewal Term provided for in this Amendment shall be offset against the new Rent. Rent shall be adjusted, effective on the first day of the second Renewal Term and each subsequent Renewal Term, by an amount equal to five percent (5.0%) over the Rent for the immediately preceding Renewal Term. 4. Licensee may complete upgrades and additions of new equipment within the leased Premises in compliance with required permits. 5. Licensee shall have the right to transmit and receive on any and all frequencies for which Licensee has been granted a license by the FCC. 6. Should Licensor receive a bona fide offer from a third party that would result in an assignment of some or all of the Rent (Rental Stream Offer), Licensor shall immediately notify Licensee, and Licensee shall have the right to match Site Number: SC08511A Site Name: CV511 Dakota & Millbrook Pagel the terms of the Rental Stream Offer within forty-five (45) days. No Rental Stream Offer may be entered into by Licensor without the prior written consent of Licensee. 7. Except as expressly set forth in this Amendment, the License otherwise is unmodified. To the extent any provision contained in this Amendment conflicts with the terms of the License, the terms and provisions of this Amendment shall control. Each reference in the License to itself shall be deemed also to refer to this Amendment. 8. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic copies of this Amendment will legally bind the Parties to the same extent as originals. 9. Each of the Parties represents and warrants that it has the right, power, legal capacity, and authority to enter into and perform its respective obligations under this Amendment. [Signatures follow on the next page.] Site Number: SC08511A Site Name: CV511 Dakota & Millbrook Page 2 IN WITNESS, the Parties execute this Amendment as of the Effective Date. Licensor: Licensee: CITY OF FRESNO, T-MOBILE WEST LLC, a Delaware limited A California municipal corporation liability company B YOh HORN Cheryl A.Downs Title: Chief Information Officer Print Name: Title: Director,Technology Property Management ATTEST: YVONNE SPENCE, CMC �! (�irr Jai am 10/10/18 City Clerk T-Mobile Contract Attorney, as to form By: APPROVED AS TO FORM: DOUGLAS T. SLOAN City At ney By: 11 1p andon M. Collet D to Deputy City Attorney Address: City of Fresno Attention: Bryon Horn Chief Information Officer 2600 Fresno Street, Room 1059 Fresno, CA 93721 Phone: (559) 621-7101 Site Number: SC08511A Site Name: CV511 Dakota & Millbrook Page 3 ASSISTANT SECRETARY'S CERTIFICATE The undersigned, David E. Conroy, as Assistant Secretary of T-Mobile West LLC (the "LLC"), does hereby certify that Cheryl Downs, Director, Technology Property Management, is authorized to execute leases, license agreements, easements, building permit applications, zoning and land use applications and notices of commencement on behalf of the LLC as necessary or desirable for the LLC's continued operations. DATED: November 9, 2018 T-Mobile West LLC By: Q r Dav -E. Conroy, A istant Secretary STATE OF WASHINGTON } ) ss. COUNTY OF KING ) The above and foregoing instrument was acknowledged before me on November 9, 2018 by David E. Conroy, Assistant Secretary of T-Mobile West LLC, who is personally known to me. !�• N ',ft ulie . Nelson {� C;..1%%"%9 �� NOTARY PUBLIC in and for the State of v DN 2 Washington NQT Residing in Seattle PU50G My appointment expires: Sept. 07, 2021 !� d �� 9 h�d9 a7��.► � ,� fol�OF'WAS�,+�: