HomeMy WebLinkAbout06-08-2026 2nd Amendment to Telecommunications Facility Lease at Santa Rosa Park with PTIDocusign Envelope lD: F060C7C3-8D29-8801-809S-95E90EADl FDC
PTI US Towers II LLC
999 Yamato Road, Suite 100
Boca Raton, FL 33431
SECOND AMENDMENT TO TELECOMMUNICATIONS FACILITY LEASE AT
SAI{TA ROSA PARK
THIS SECOND AMENDMENT TO TELECOMMUNICATIONS F'ACILITY
LE+SE AT SANTA,ROSA PARK ("Second Amendment") is executed this 8U day of
).t ' ' p- ,202(e ,and is effective April 1, 2023 (*Effective Date") by and between CITY
OF\$nnq LUIS OBISPO, a California municipal corporation, having an address at 990 Palm
Street, San Luis Obispo, CA 93401 ("Lessor") and PTI US Towers II LLC, having a principal
office located at999 Yamato Road, Boca Raton,FL 33431 ("Lessee").
WHEREAS, Lessor and PACIFIC BELL WIRELESS, LLC a Nevada limited liability
company dibla CINGULAR WIRELESS, entered into that certain Telecommunications Facility
Lease at Santa Rosa Park dated February I l, 2003, as thereafter amended from time to time
(hereinafter referred to as "Lease") and assigned to Lessee, PTI US Towers II LLC, for Lessee's
use of a portion of the real property ("Premises"), located at 190 Santa Rosa Street, San Luis
Obispo, CA 93405 (hereinafter refered to as "Land"), being more particularly described in the
attached Exhibit o'A"; and
WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Lease as
provided herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby, acknowledged, the parties hereto covenant, agree, and bind themselves to the
following modifications to the Lease:
1. Section 3. Term, of the Lease is hereby amended to include the following:
In addition to the Renewal Terms as referenced in the Lease, the Lease is hereby amended
to include four (4) additional successive Renewal Terms of five (5) years, each of which
shall be deemed automatically extended unless Lessee notifies Lessor of its intention not
to renew the Lease at least sixty (60) days prior to the commencement of the succeeding
Renewal Term. The first additional Renewal Term shall commence on April l,2023,upon
the expiration of the Renewal Term expiring on March 30,2023.
In the event Lessor determines in its reasonable discretion that the Premises are required
for public pulposes, during each Renewal Term Lessor may terminate this Lease upon
providing two (2) years' prior written notice. Following such notice, the parties shall
negotiate in good faith to identi$r a potential relocation site within the Land. Should the
parties fail to reach an agreement on a mutually acceptable site, or if Lessee is unable or
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unwilling to relocate, this Lease shall terminate automatically upon the expiration of the
two-year notice period.
2. Section 4. Rent, subsection A, of the Lease is hereby deleted and replaced with the
following, wherein all other subsections of Section 4 remain unchanged and in full force
and effect:
A. Lessee shall pay to Lessor the sum of Forty-Five Thousand and No/100 Dollars
($45,000.00) ("Annual Rent") and Additional Annual Rent per tenant in the same
amount as Annual Rent (as further set forth in Section 22.E.),beginning upon Lessee's
payment of Annual Rent due and payable on or before April 1,2026. All payments of
Annual Rent previously provided by Lessee to Lessor for calendar years 2023,2024
and2025 are acknowledged as received by Lessor. Partial payment of Lessee's Annual
Rent due and payable on or before April 1, 2026 is acknowledged as received by
Lessoro and Lessee and Lessor agree to reconcile the full amount of Annual Rent due
for such period for which Lessee shall provide a true-up differential payment to Lessor
within thirty (30) days of the Effective Date of this second Amendment.
3. Section 19. Notice, of the Lease is hereby amended as follows:
LESSOR: City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
LESSEE PTI US Towers II LLC
999Yamato Road, Suite 100
Boca Raton,FL 33431
4. Within thirty (30) days of full execution of this Second Amendment, Lessee shall pay to
Lessor a one-time payment of Twenty-Five Thousand and No/100 Dollars ($25,000.00).
Said amount constitutes a one-time signing bonus, and Lessor's acceptance thereof shall
confirm that neither Lessee nor Lessor are in default of any material term or condition of
the Lease, including the payment of Annual Rent, at the tirne of said payment.
5. Capitalized terms not defined in this Second Amendment will have the meaning ascribed
to such terms in the Lease.
6. This Second Amendment will be governed by and construed and enforced in accordance
with the laws of the state in which the Land is located without regard to principles of
conflicts of law.
7. Except as specifically set forth in this Second Amendment, the Lease is otherwise
unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In
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the event of any inconsistencies between the Lease and this Second Amendment, the terms
of this Second Amendment shall take precedence.
8. Lessor acknowledges that the exhibits attached to the Lease may be incomplete or contain
inaccuracies and, accordingly, Lessee may replace and substitute such exhibits at its cost
and with written consent of Lessor, with an accurate survey and/or legal descriptions of the
Premises and re-record this Second Amendment with copy provided to Lessor. Following
such re-recording, the descriptions contained therein shall serve as the descriptions for the
same for all purposes under the Lease.
9. Lessor represents and warrants to Lessee that Lessor is the sole owner in fee simple title to
the Land and Lessor's interest under the Lease and that consent or approval ofno other
person is necessary for Lessor to enter into this Second Amendment.
10. This Second Amendment may be executed in one or more counterparts and by the different
parties hereto in separate counterparts, each of which when executed shall be, deemed to
be an original but all of which taken together shall constitute one, and the same Second
Amendment.
11. Lessee shall have the right to record this Second Amendment.
[The remainder of this page is intentionally left blank. Signatures to follow.]
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IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the
day and year first above written.
LESSOR:
City of San Luis Obispo, a California
municipal corporation
By
Print Name:
Title
AN otary Public or other officer completing this cerlificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTYOF. SftN LUT$ OtsIS?O
the basis of
instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Public Sana Ar'rna\
My Comrnission Expires .\.r\q Zs,2521
(NOTARY SEAL)
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Cornmls!ion I 1527727
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WITNESSES:
Print Name:.eo I
PrintName' l3ri*On N
STATE OF FLORIDA
COUNTY OF PALM BEACH
or I]
not take an oath.
Yrcrne 0oftnan
Comm.: HH 719C68
Spins: Doc, 5, 2029
lldary Public. Shte oi fhldt
(NOTARY SEAL)
LESSEE:
PTI US Towers Il LLC
999 Yamato Road, Suite 100
Boca Raton, FL 3343
By:
me by means of [X] physical presence
202G, by
on behalf of said , who is personally known to me and
Notary lc
My
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EXHIBIT *A'
All thut reql Property located in tlrc Statc of Crlifornia, County of San Luis Obispo, describcd as follows:
BASIS OF BEARING;
THE BEARINC ARE BASED UPON CAI"IFORNIA COORDINATE SYSTEM, ZONE 5, NAD 83,
ACREAGE PARCEI-: .0o5 ACRES
PROPOSED LEASE AREA: 12.00' X l?.83' - 2t4.00SF
NO PARKING REMOVED OR PROPOSND
UNMANNED FACILITY (NO EMPLOYE&S)
PCS FACTLITY - WIRELESS COMMTJMCATIONS
FIRM CLASSIFICA'I'ION
T}IE PROPERTY SHOWN I{EREON FALLS WTTHIN ZONE "C' AS SHOWN ON FLCND
INSURANCE RATE MAP NO. 0603104005{, EFFESITVE DATE JULY 7, I98I. AS PUBLISIIED
BY T}IE FEDERAL EMERCENCY MANACEMENT ACENCY IN ACCTORDANC'E WITH TIIE
NA'I]ONAL FI.OOD INSURANCE PROGRAM.
PROPOSED AN'I'ENNA GEODETIC COORDINATTTS:
T}IE CENTBR OF 1'HI] PROPOSED ANTENNAS AS .SHOWN HERI]ON IS LOCATBD AT THE
FOLL0WTNC COORDTNAT&S (NAD 83):
LATITUDE; N 35' 17'24.38'
LONGITUDE; W 120'39'48.89
tsENCHMARK;
THE STA1]ON MARK AND REI.EITENCIi MARKS NO. I AT.ID NO. 2 WERTJ RECOVEITED AS
DESCRII]tsD WITH THE FOLLOWINO REVISIONS.
S]'ATION IS I7,5 FEE'T SOLTTH OF THE CEN'I'ERLINE OF BUENA VISTA AVENUE. 6.I FEEI'
NORTH OF THE SOIJTH ITACE OF A 9 FEET HIOH CUNCRETE RB'TANNG WALL, 5.5 FEET
SOLTTH OF THE CURB FACE OF tsUENA VISTA AVENUE, I.9 FEET NORI'I{ OF A CATTSONITE
WITNESS I'OST, AND ABOI.]T I FOOTHIGHER TIIAN THE ROADWAY.
ELEV = 464,00 FBET AMSI. (NAVD 88)
PID = FV1478
NOTES;
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3,
4.
J.
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