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9C SUPPLEMENTAL INFORMATION
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9C SUPPLEMENTAL INFORMATION
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11/3/2016
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FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT <br />THIS FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT ("First Amendment") is made and <br />entered into on , 201_ ("Effective Date"), by and between Conejo Recreation and Park District, an <br />independent California Special District established in accordance with California Recreation and Park district law <br />("Landlord "), and T -Mobile West LLC, a Delaware limited liability company ("Tenant") (Collectively the "Parties"). <br />Recitals <br />The Parties hereto recite, declare and agree as follows: <br />A. Landlord and Tenant entered into a OPTION AND LEASE AGREEMENT, dated October 29, 2012 as <br />(the "Agreement") for leased premises (the "Premises") located at 4801 Borchard Road Thousand Oaks, CA 91362 <br />(the "Property"). <br />B. Landlord and Tenant desire to enter into this First Amendment in order to modify and amend certain <br />provisions of the Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other <br />good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant <br />covenant and agree as follows: <br />1. Landlord Consent. Landlord hereby grants Tenant the right and consents to Tenant's expansion of the <br />Premises and the installation of new larger antennas, swapped with current antennas, as described and depicted in <br />on Exhibit "2-1 ", which is attached hereto and by this reference incorporated herein, which equipment and facilities <br />shall be considered part of the "Communication Facility" under the Agreement. <br />2. Rent and Costs. The Rent that Tenant pays Landlord will be increased by One Hundred Fifty and oo/100 <br />Dollars ($150.00) per month as of the date of commencement of construction for the modification of the equipment. <br />The foregoing increase in the Rent will not be included in the Rent abatement resulting from the Capital Contribution <br />as set forth in Section 4 of the Agreement and shall not be subject to the annual increase as section forth in Section 4 <br />of the Agreement and a new rent table will be attached hereto as Exhibit 3-1 and incorporated herein which shall <br />replace Exhibit 3 in its entirety and Exhibit 3 is deleted. Thereafter, Rent shall be payable in accordance with the <br />terms of the Agreement. <br />3. Landlord Obliag tions. Notwithstanding anything to the contrary contained in the Agreement, Landlord <br />shall be responsible, at its sole cost and expense, for maintaining all portions of the Property in good order and <br />condition and in compliance with all applicable laws, including without limitation, any support structure owned by <br />Landlord <br />4. Terms-, Conflicts. The terms and conditions of the Agreement are incorporated herein by this reference, <br />and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the <br />Agreement. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the <br />remaining terms of the Agreement, all of which are ratified by the parties and shall remain in full force and effect. <br />To the extent there is any conflict between the terms and conditions of the Agreement and this First Amendment, the <br />terms and conditions of this First Amendment will govern and control. <br />5. Authorization. The persons who have executed this First Amendment represent and warrant that they are <br />duly authorized to execute this First Amendment in their individual or representative capacity as indicated. <br />[SIGNATURES APPEAR ON THE NEXT PAGE] <br />[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] <br />T -Mobile Site No: SV11881B <br />Market: LA North <br />
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