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1111111111 11 q This First Amendment to Option and Lease Agreement ( "Amendment") is effective as of the date of the latter signature below and is by and between Conejo Recreation and Park District, a public entity (the "Landlord") and T -Mobile (the "Tenant"). WHEREAS,, Landlord and Tenant are parties to that certain Option and Lease Agreement dated April 26, 2000, -pursuant to which Landlord leases to Tenant the right to use ground space for Tenant's antenna structure, equipment shelter and related appurtenances, conduits and connections (collectively, the "Premises") on Landlord's property located at 2525 Moorpark Road City of Thousand Oaks, County of Ventura, State of California 91360 (the "Property"), as more particularly set forth in the Agreement. WHEREAS, Landlord and Tenant desire to: (i) permit Tenant to perform certain modifications to its communications facility; and (ii) increase the rent owed under the Agreement. NOW, THEREFORE, by mutual agreement of the parties and in consideration of the rights and obligations hereinafter set forth, the Agreement is hereby amended as follows: 1. Modifications. Landlord hereby consents to Tenant performing certain modifications to Tenant's communications facility and the Premises, including but not limited to: (i) the removal and replacement of certain antennas and equipment, and (ii) the installation of additional equipment and cabling (collectively, the "Modifications"). The Modifications are more particularly described on Exhibit A-1 attached hereto and made a part hereof and upon completion of installation of the same, shall become a part of the Premises. 2. Governmental Approvals. Any required permits for the Modifications shall be obtained by Tenant at Tenant's sole expense. Furthermore, it is understood and agreed that Tenant's ability to install the Modifications is contingent upon its obtaining, after the execution date of this Amendment, all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities which will permit Tenant to install and operate the Modifications as set forth in this Amendment. Tenant shall be responsible for the cost of complying with the Governmental Approvals during the term of the Agreement. Landlord shall cooperate with Tenant in its effort to obtain such approvals and shall take no action that would adversely affect the status of the Property with respect to the installation of the Modifications. 3. Rent. As consideration for the Modifications, the monthly rent due under the Agreement shall be increased by Five Hundred Fifty Dollars ($500.00) per month, payable in advance (the "New Rental Rate"). The New Rental Rate shall commence on the first day of the month following the date Tenant commences construction of the Modifications (the "Rent Increase Commencement Date"). Landlord and Tenant agree that they shall acknowledge in writing the Rent Increase Commencement Date. Landlord and Tenant acknowledge- and agree that initial New Rental Rate payments shall not actually be sent by Tenant until forty-five (45) days after the Rent Increase Commencement Date. As such, the first rent payment will be the initial month's payment of the New Rental Rate, and the payment of the New Rental Rate for the