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18-0906_VERIZON WIRELESS_1st Amd to Wireless Communications Site License Agr FIRST AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT This First Amendment to Wireless Communications Site License Agreement ("Amendment") is made as of the latter of the signature dates below ("Amendment Date"), between the City of San Juan Capistrano, California ("Licensor"), a general law city and California municipal corporation, having a mailing address at 32400 Paseo Adelanto, San Juan Capistrano CA 92675, and Los Angeles SMSA Limited Partnership, a California Limited Partnership d/b/a Verizon Wireless, ("Licensee"), with its principal place of business at One Verizon Way, Mail Stop 4AW 100, Basking Ridge,New Jersey 07920. RECITALS WHEREAS, Lessor is the owner of that certain real property known as Assessor's Parcel Number 668-101-23 and located at 32400 Paseo Adelanto, City of San Juan Capistrano, County of Orange, State of California; WHEREAS, Lessor and Lessee are parties to that certain Wireless Communications Site License Agreement dated August 30, 2017 ("Site License Agreement"), whereby Lessor leases to Lessee a portion of ground space located on the Property ("Premises") for the construction, operation, and maintenance of a communications facility, all as more particularly set forth therein; and WHEREAS, the parties hereto desire to amend the Site License Agreement to acknowledge Lessee's one-time signing bonus payment obligation to Lessor. AGREEMENT NOW, THEREFORE, by mutual agreement of the parties and in consideration of the mutual promises, rights and obligations hereinafter set forth, the Site License Agreement is hereby amended as follows: 1. Defined Terms. Any capitalized terms used in this Amendment that are not defined herein shall have the meanings given those terms in the Site License Agreement. 2. Signing Bonus. Lessee shall pay a one-time signing bonus of Six Thousand Three Hundred Dollars ($6,300) within thirty (30) days after the Amendment Date. City shall exercise good faith efforts to use such fund to perform work on the parking lot area located on the Property during the Term of the Site License Agreement. -1- License Site Name:Capistrano Depot Amendment 1 61147.80000\31381560.1 • 3. Continued Effect. Except as specifically modified by this Amendment, all of the terms and conditions of the Site License Agreement shall remain in full force and effect. In the event of a conflict between any term and provision of the Site License Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Site License Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. [Signature Page Follows] -2- License Site Name:Capistrano Depot Amendment 1 61147.80000\31381560.1 IN WITNESS WHEREOF,the Parties hereto have executed this Amendment as of the date aforesaid. LICENSOR CITY OF SAN JUAN AP TRANO By: t Be ' m. Si , City anager i I Date: -i-(4r 'tte.i. A Maria Mi. i ,City Clerk Approved as to Form: ' 're . :allinge , City Attorney LICENSEE: Los Angeles SMSA Limited Partnership,a California Limited Partnership d/b/a Verizon Wireless i By AirTouch C- I: , is General Partner f By: Printed Name: S•1••CVevl Lcm b Title: D1rec - KSt-vj r le--- Date: Date: B/30/ZA 1'6 -3- License Site Name:Capistrano Depot Amendment I 61147.80000'31381560 1