NEW CINGULAR WIRELESS PCS, LLC OCTAGON TOWERS, LLC

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0127034,_L,cA _ aEAMDi...121010.pdf - Page 1 t A-2012-759 r Cell SiteNoMme; FAID1276641000240-02 Market: Los Angeles cu f4 m1 FIRST AMENDMENT TO LAND LEASE AGREEMENT ** c TIUS FIRST AMENDMENT TO LAND LEASE AGREEMENT ("First Amendmerif), dated as p ,� s�of the latter of the signature dates below (the "Effective Date"), is by and between the City of Santa Ana, barter city and municipal corporation organized and existing under the Constitution and laws of the to of California, having a mailing address of 20 Civic Center Plaza (14-30), P.O. Box 1989, Santa Ana, Califomla 92702 (heminafter referred to as "Lessor") and New Clugular Wireless PCS, LLC, a Delaware limited liability company, having it mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, Georgia 30004 (hereinafter referred to as "Lessee'). WHEREAS, Lessor and Lessee entered into a Land Lease Agreement dated April 19, 2011, whereby Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property located at 2115 West Mcfadden, Santa Ana, Orange County, California (the "AgrecmenP); and WHEREAS, Lessor and Lessee desire to amend the Agreement to provide that Lessee is not obligated to sbare tower sent received from Verizon Wireless as a third -party tower co -location user; and WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. c;r NOW THEREFORE, in consideration of the fo�golug and other good and valuable consideration, the meeipt and sufficiency of which are hereby *acknowledged, Lessor and Lessoc agree as follows: 1. Co -Location Revenue Share. Notwithstanding anything in Section 25(B) of Wo Agreement to the contrary, Lessor hereby acknowledges that Lessee is not obligated to share eighty percent (90%) of the tower rent received from Verizon Wireless, as`a third -party tower co -location user. 2. Other Terms and Condiffoms Aemafn. In the event of any inconsistencies between the Agreement and this First Amendment the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwisa is unmodified and remains in full force and effect. Bach reference in.ttie Agreement to itself shall be deemed also to refer to this First Amendment. 11 3. Capitalized Terms. All capitalized terms used but not defined herein slrall have the same meanings as dofined in the Agreement. REMAINDER OF PAGE INTENTIONALLY BLAM SIGNATURES APPEAR ON NEXT PAGE