Loading...
HomeMy WebLinkAboutTMobile West Corporation FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT(First Amendment) is made and entered into on , 2 (Effective Date), by and between the City of Fresno, a municipal orporation (Licensor), and Mobile West LLC., a Delaware limited liability company, formerly known as T-Mobile West Corporation, as successor- in-interest to TMO CA/NV LLC., formerly known as Pacific Bell Wireless, LLC., a Nevada limited liability company, d/b/a Cingular Wireless (Licensee). RECITALS The parties hereto recite, declare and agree as follows: A. Licensor and Licensee entered into a Communications Site License Agreement (the License), dated November 1, 2002 located at the Fresno City Parking Garage #7 (Fresno County Assessor's Parcel Numbers 468-255-11T and 468-255-015T) (the Premises). B. Licensor and Licensee desire to enter into this First Amendment in order to modify and amend certain provisions of the License. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: 1. Licensor Consent. Licensor hereby grants Licensee the right and consents to Licensee's expansion of the Premises and the installation of communications equipment as described and depicted on Exhibit B-1, which is attached hereto and by this reference incorporated herein, which equipment shall be considered part of the Licensee's Facilities under the License. The attached Exhibit B-1 shall replace in its entirety the Exhibit B currently attached to the Lease. 2. Interference with Communications. The License is hereby modified such that the first paragraph of Section 7 is deleted in its entirety and replaced with the following: "Licensee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on Licensor's Property on the Effective Date (Pre-existing Communications). Licensee's Facilities shall comply with all non- interference rules of the Federal Communications Commission (FCC) and all Licensee's radio transmission frequencies used at this site shall be between the ranges of: 2110-2155 MHz (Tx) and 1710-1755 MHz (Rx) 1955-1990 MHz (Tx) and 1875-1910 MHz (Rx) 728-734 MHz (Tx) and 698-704 MHz (Rx) 668-683 MHz (Tx) and 622-637 MHz (Rx) Any broadcasting equipment installed at Licensee's Facilities that will operate outside the aforementioned range will require approval of the City of Fresno, and may require prior submission of intermodulation studies." T-Mobile Site No: SC08734A T-Mobile Site Name: CV734 Fresno Grizzlies Market: Sacramento 3. Licensee's Notice Address. Licensee's notice addresses in Sections 5 and 17(c) of the License are deleted in their entirety and replaced with the following: If to Licensee: T-Mobile USA, Inc. 12920 S.E. 38th Street Bellevue, WA 98006 Attn.: Lease Compliance/SC08734A 4. Terms; Conflicts. The terms and conditions of the License are incorporated herein by this reference, and capitalized terms used in this Amendment shall have the same meanings such terms are given in the License. Except as specifically set forth herein,this Amendment shall in no way modify, alter or amend the remaining terms of the License, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the License and this Amendment, the terms and conditions of this Amendment will govern and control. 5. Approvals. Licensor represents and warrants to Licensee that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third party consent or approval is required, Licensor has obtained any and all such consents or approvals. 6. Authorization. The persons who have executed this First Amendment represent and warrant that they are duly authorized to execute this First Amendment in their individual or representative capacity as indicated. [SIGNATURES FOLLOW ON THE NEXT PAGE.] T-Mobile Site No: SC08734A 2 T-Mobile Site Name: CV734 Fresno Grizzlies Market: Sacramento IN WITNESS WHEREOF,the parties have executed this First Amendment on the day and year first written above. City 0 n T-Mobile est LC., A i rn' ni a co ation a limited i bili company By. [Title] (__jk4 d Name: Anthony Howard 1 Market Manager Title: APPROVED AS TO FORM: (If corporation or LLC., Board Chair, DOUGLAS T. SLO Pres. or Vice Pres.) CiZAY By: Byn m. IoIIJ Name.- Senior Deputy City Attorney Title: ATTEST: (If corporation or LLC., CFO, YVONNE SPENCE, CRM MMC Treasurer, Secretary or Assistant City XtuxW.-.11 Secretary)) By. Date TMO 2019.02.1 Deputy 1 16:18:54 Legal -051001 Attachment: Exhibit B-1 T-Mobile Site No: SC08734A 3 T-Mobile Site Name: CV734 Fresno Grizzlies Market: Sacramento EXHIBIT B-1 DESCRIPTION OF PREMISES Subject to the terms and conditions of this License, the location of the Premises is generally described and depicted as shown below or in the immediately following attachment(s). However, it is expressly agreed and understood by and between Licensor and Licensee that the exact and precise location of Licensee's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the Property. Notwithstanding anything to the contrary, the specific number and type of equipment described in this Exhibit B-1 is for illustrative purposes only and in no way limits Licensee's ability to alter, replace, add to, expand, enhance, modify, supplement, replace, refurbish, relocate or upgrade any such equipment within the Premises. EXHIBIT B-1 INCLUDES THE ATTACHED THREE (3) SHEETS T-Mobile Site No: SC08734A 4 T-Mobile Site Name: CV734 Fresno Grizzlies Market: Sacramento r 6 W to0. ui F 01+1 s1 r �yJ _J y F l 3 N00000000000 W yy g� ■ 3 �` }dd m LU jai Lt , Mt te opLL �` + 000CL 00000 g w fir' d l r�� �r d� +y Z 3 m Q w w - X Z w ., OOO OO X W a � a a 6 W .a iPH Z ES 2 m 8 N w L C.++, 8& i m ILL J o.lr 4oaw w I ME ono . k OEM AN .71� LU x E' � I W w � � W b H a i o 0 4 ww o < O ......... .... ...... Z x - w X. jo bi 73 N v n +� O OOOOOOO 0 d N + —........ ....... I �k -----_----_.-...--'------ �F tl , m , w 0 � O 3 OJ Q LLJ po 5 3� � � E - � ur3•�eo eo, � O Jr!�®�OOOOO VI X W § ; . . | § ` Q LS § }/| ■ | : !� �§ / \; ;;| � ) ■� � |�� ` \ ©g ) \ 6 E | ~§ | | ) c `.■ ` ` \ � _ q — _�: — � ^it LU ° � Z �:� § | •f § O |§ fg — — \} § :z2 , ~ �, \ E — f / � \ E S T \ \ � t � § \\�\}\ � ` \ 00 O O O O ` % q & , \ I k ' )( % w , & {( � ■ } / / I ) ■ ! / § £ ^ r��- c c F-2 Q- — / � ]0000000 0