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DocuSign Envelope ID: 39558779-7182-47B7-A37B-D472BB57F1 FD
<br />This First 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
<br />(the "Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a
<br />mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 ("Lessee"). Amendment shall
<br />run coterminous with Option and Lease Agreement term of five years with four additional five-year
<br />renewal periods, which began in 2005. Thus, Agreement and First Amendment will expire in 10 years,
<br />ending in 2030.
<br />WHEREAS, Landlord and Tenant are parties to that certain Option and Lease Agreement dated
<br />February 18, 2005 (the "Agreement"), pursuant to which Landlord leases to Tenant the right to use
<br />approximately two hundred fifty (250) square foot portion of ground space for Tenant's antenna
<br />structure, equipment shelter and related appurtenances, conduits and connections (collectively, the
<br />"Existing Premises") on Landlord's property located at 4801 Borchard Road, City of Thousand Oaks,
<br />County of Ventura, State of California 91320 (the "Property"), as more particularly set forth in the
<br />Agreement.
<br />WHEREAS, Landlord and Tenant desire to: (i) add additional ground space outside of the
<br />Existing Premises for Tenant's generator, CMU wall, related equipment, connection spaces and
<br />appurtenances; (ii) increase the rent owed under the Agreement; (iii) modify and add other provisions
<br />into the Agreement; and (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
<br />hereby amended to hereinafter include: (i) 175 square feet of additional ground space, consisting of a
<br />10'x4' concrete pad for a generator and related appurtenances; and (ii) such additional space as may
<br />be reasonably required for the installation of conduits, cables and connections, including, but not
<br />limited to, a five foot (5'} wide non-exclusive utilities right of way (collectively, the "New Rights of
<br />Way"), to connect the Existing Premises with the Generator Space; all as more particularly described
<br />and depicted in Exhibit "1-A" attached hereto and made a part hereof. The parties acknowledge and
<br />agree that the attached Exhibit "1-A" is intended to supplement the Exhibit "T' attached to the
<br />Agreement. The Existing Premises, Generator Space and New Rights of Way shall hereinafter be
<br />referred to collectively as the "Premises." In the event of any discrepancies between Exhibit "I"
<br />attached to the Agreement and Exhibit "1-A" attached hereto, Exhibit "1-A" attached hereto shall
<br />control.
<br />2. Installation of Generator. Landlord acknowledges and agrees that Tenant intends to
<br />construct and install certain improvements in the Property, which include, a pad for a generator,
<br />generator connections, a permanent generator, a fuel tank, a CMU wall, a right of way for Tenant's
<br />conduit and utility connections,, access gates and related appurtenances, and shrubs to conceal wall
<br />(collectively, "Improvements"). Landlord hereby consents to the construction, installation, operation
<br />and maintenance of the Improvements as the same may be substituted from time to time during the
<br />term of the Agreement. Tenant shall be solely responsible for the care, repair and maintenance of the
<br />Improvements. Upon termination of the Agreement (as amended by this Amendment), AT&T shall
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