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DocuSign Envelope ID: F9DCC5EO-93B5-4665-B2B5-7AECOB488B8A
<br />This Second Amendment to Option and Lease Agreement (the "Amendment") is effective as of the date of
<br />the latter signature below and is by and between Conejo Recreation and Park District, a public entity (the
<br />"Landlord") and VBT SUB 1 LLC, a California limited partnership, c/o Vertical Bridge (the "Tenant").
<br />Amendment shall run coterminous with Option and Lease Agreement, with an effective date of October 29,
<br />2012 and commenced on November 25, 2013, with an initial term of seven (7) years with four additional
<br />five-year (5 -year) renewal periods, which began in 2013. Thus, the Agreement and Amendments will expire
<br />in 19 years, ending in 2040.
<br />WHEREAS, Landlord and Tenant are parties to that certain Option and Lease Agreement dated
<br />October 29, 2012 (the "Agreement"), pursuant to which Landlord leases to Tenant the right to use an
<br />Premises for Tenant's antenna structure, equipment shelter and related appurtenances, conduits and
<br />connections (collectively, the "Existing Premises") on Landlord's property located at 4801 Borchard Road,
<br />City of Thousand Oaks, County of Ventura, State of California 91320 (the "Property"), as more particularly
<br />set forth in the Agreement.
<br />WHEREAS, Landlord and Tenant desire to: (i) add additional ground space outside of the Existing
<br />Premises for Tenant's generator, CMU wall, related equipment, connection spaces and appurtenances; (ii)
<br />increase the rent owed under the Agreement; (iii) modify and add other provisions into the Agreement; and
<br />(iv) ratify and reaffirm the Agreement.
<br />NOW, THEREFORE, by mutual agreement of the parties and in consideration of the rights and
<br />obligations hereinafter set forth, the Agreement is hereby amended as follows:
<br />1. Additional Ground Space; New Rights of Way. The description of the Existing Premises is hereby
<br />amended to hereinafter include: (i) 13 x 11(size of ground space), consisting of approximately (describe)
<br />(143) square feet (the "Generator Space"), for a generator and related appurtenances; and (ii) such
<br />additional space as may be reasonably required for the installation of conduits, cables and connections,
<br />including, but not limited to, a five foot (Y) wide non-exclusive utilities right of way (collectively, the "New
<br />Rights of Way"), to connect the Existing Premises with the Generator Space; all as more particularly
<br />described and depicted in Exhibit "1-A" attached hereto and made a part hereof. The parties acknowledge
<br />and agree that the attached Exhibit "1-A" is intended to supplement the Exhibit "1" attached to the
<br />Agreement. The Existing Premises, Generator Space and New Rights of Way shall hereinafter be referred to
<br />collectively as the "Premises." In the event of any discrepancies between Exhibit "V' attached to the
<br />Agreement and Exhibit "I -A" attached hereto, Exhibit "1-A" attached hereto shall control.
<br />2. Installation of Generator. Landlord acknowledges and agrees that Tenant intends to construct
<br />and install certain improvements in the Property, which include, a pad for a generator, generator
<br />connections, a permanent generator, a fuel tank, a CMU wall, a right of way for Tenant's conduit and utility
<br />connections, access gates and related appurtenances (collectively, "Improvements"). Landlord hereby
<br />consents to the construction, installation, operation, and maintenance of the Improvements as the same
<br />may be substituted from time to time during the term of the Agreement. Tenant shall be solely responsible
<br />for the care, repair, and maintenance of the Improvements. Upon termination of the Agreement (as
<br />amended by this Amendment), AT&T shall return the Premises to the same condition immediately prior to
<br />full execution of the Amendment, reasonable wear and tear excluded.
<br />Site Number: US -CA -4009
<br />Site Name: Dos Vientos Community Park
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