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® • <br /> SECOND AMENDMENT <br /> to COMMUNICATIONS SITE LEASE AGREEMENT <br /> THIS SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE <br /> AGREEMENT ("Second Amendment") is made and entered into as of the 29th day of <br /> October, 2012 ("Effective Date"), by and between the CITY OF PLEASANTON, a <br /> Municipal Corporation("Lessor"),whose address is 200 Old Bernal Avenue,P,O.Box 520, <br /> Pleasanton,California 94566,and T-MOBILE WEST LLC,a Delaware limited liability <br /> company("Lessee"),whose address is 12920 SE 38th Street, Bellevue, WA 98006. <br /> WITNESSETH: <br /> WHEREAS,by that certain Communications Site Lease Agreement dated May 28, <br /> 1996 between Lessor and Lessee's predecessor in interest, Pacific Bell Mobile Services, <br /> (the "Lease") Lessor did demise and let to Lessee, and Lessee did hire and take from <br /> Lessor certain premises (the "Premises") consisting of a portion of Lessor's property, <br /> commonly known as 519 Kottinger Drive,Pleasanton,California 94566(Assessor's Parcel <br /> Number 094-0021-012-02),which Premises are depicted on Exhibit B to the Lease,which <br /> Lease is incorporated herein by reference; and <br /> WHEREAS, by that certain First Amendment to Communications Site Lease <br /> Agreement dated as of July 1, 2012 (the "First Amendment"), Lessor and Lessee agreed <br /> that following the expiration of the original Lease Term,Lessee is permitted to occupy the <br /> Premises on a month-to-month basis until Tenant is able to relocate the Premises to <br /> Substitute Premises provided that the month-to-month agreement contained in the First <br /> Amendment would terminate by October 31, 2012; and <br /> WHEREAS, Lessor and Lessee have agreed to remove the October 31, 2012 <br /> termination date found in the First Arnendnient; and <br /> WHEREAS,notwithstanding the removal of the October 31,2012 termination date, <br /> Lessee has agreed to continue to actively search for a new site so that it can remove its <br /> equipment from the Premises and relocate to Substitute Premises; <br /> WHEREAS,the Lease as modified by the First Amendment is hereinafter referred <br /> to as the "Lease"; <br /> NOW, THEREFORE, for and in consideration of the mutual covenants contained <br /> herein,and other good and valuable consideration,the receipt and sufficiency of which are <br /> hereby acknowledged,the parties hereto,intending to be legally bound,do hereby agree as <br /> follows: <br /> Site#: BA02107 <br /> Site Name:Kottinger <br /> Market: San Francisco <br /> 1 <br />