PH50415A_PH033XC012_AMD1_NLRP_1560145_Executable (2).pdf
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1 TMO / Sprint Site ID: PH50415A TMO / Sprint Lease ID: 1560145 T-Mobile Internal FIRST AMENDMENT TO PCS SITE AGREEMENT This First Amendment to PCS Site Agreement (the “First Amendment”) is effective as of the last date of the signature below (the “Effective Date”), by and between the City of Buckeye, an Arizona municipal corporation (“Owner”), and Sprint Spectrum Realty Company, LLC (formerly a limited partnership), a Delaware limited liability company, successor in interest to Sprint Spectrum L.P. (“Tenant) (each a “Party”, or collectively, the “Parties”). Owner and Tenant (or their predecessors-in-interest) entered into that certain PCS Site Agreement dated September 27, 1999, (the “Agreement”) regarding the leased premises (“Premises”) located at 211 N. 9th St, Buckeye, AZ 85326 (the “Property”). For good and valuable consideration, Owner and Tenant agree as follows: 1. At the expiration of the Agreement, the term of the Agreement will automatically be extended for five (5) additional and successive five (5) year terms (each a “Renewal Term”), provided that Tenant may elect not to renew a Renewal Term by providing the Owner at least ninety (90) days written notice prior to the expiration of the then current Renewal Term. 2. At the commencement of the first Renewal Term provided for in this First Amendment, Tenant shall pay Owner One Thousand Three Hundred Ninety Nine and 21/100 Dollars ($1,399.21) per month as Rent, partial calendar month to be prorated, by the fifth (5th) day of each calendar month. Thereafter, notwithstanding anything to the contrary in the Agreement, the Rent will escalate by ten percent (10%) on the first day of each Renewal Term. Where duplicate Rent would occur, a credit shall be taken by Tenant for any prepayment of duplicate Rent by Tenant. 3. Upon the expiration of the final Renewal Term, Tenant shall have the right to continue to occupy the Premises and the Term shall automatically extend for up to nine (9) successive one (1) year periods (each, and “Extended Period”). Owner may elect not to renew by providing notice to Tenant at least six (6) months prior to the expiration of the then current Extended Period. Escalation during any Extended Period will be 2% of the annual Rent. Tenant may elect not to renew by providing notice to Owner at least six (6) months prior to the expiration of the then current Extended Period. 4. Notice and Duty to Cure. Section 12 of the Agreement is hereby amended, so that after amendment it shall read as follows: In the event that either party is in violation of or defaults under the provisions of this Lease, the party in default shall be given (a) written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance; and (b) a reasonable period of time not exceeding sixty (60) days to cure the violation from the date of receipt of the TMO Signatory Level: L08/SL08 NLG-96604 Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 2 TMO / Sprint Site ID: PH50415A TMO / Sprint Lease ID: 1560145 T-Mobile Internal aforementioned written notice. No act or omission of the parties after a breach by the other shall operate as a waiver of any past or future breach, or to deprive the party from promptly exercising any right or remedy it has under this Lease. If a court of competent jurisdiction determines that Tenant has willfully violated or purposefully failed to comply with any provisions of this Lease after notice is given to Tenant by the Owner under the provisions of this Lease and Tenant has had an opportunity to cure in accordance with the terms of this Lease, then Tenant shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by Owner. The Owner may elect, in lieu of the above and without prejudice to any of its other legal rights and remedies, to pursue other remedies and recover damages and costs incurred by Owner by reason of Tenant's failure to comply. 5. Insurance. Section 17 of the Agreement is hereby amended, so that after amendment it shall read as follows: Coverages. On or before the effective date of the Renewal Term, Tenant shall procure and maintain the following insurance coverages: Commercial general liability insurance written on an occurrence basis including products/premises completed operations, explosions, collapse, and underground hazard, with limits not less than: (a) $2,000,000.00 for bodily injury or death to each person, (b) $2,000,000.00 for property damage resulting from any one accident, and (c) $2,000,000.00 for all other types of liability (d) $4,000,000.00 aggregate. Commercial Automobile liability in su r a n c e for owned, non- owned and hired vehicles with a limit of $2,000,000.00 for each accident. Workers’ Compensation Insurance. If the Tenant employs anyone who is required by law to be covered by workers’ compensation insurance, the Tenant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over the Tenant’s employees engaged in the performance of work or services on Tenant’s equipment and/or at the Site including without limitation the non-exclusive easement granted in this Agreement, Tenant shall also maintain Employers Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee and $1,000,000.00 disease policy limit. Notice of Change of Insurance Coverage(s). Owner shall be provided thirty (30) days advance notice of cancellation of any coverages required. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to TMO Signatory Level: L08/SL08 NLG-96604 Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 3 TMO / Sprint Site ID: PH50415A TMO / Sprint Lease ID: 1560145 T-Mobile Internal said cancellation or intent not to renew, Tenant shall obtain and furnish to the City replacement certificates evidencing the insurance policies meeting the requirements of this Section. Minimum Rating. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-: VII. 6. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Owner or Tenant may from time to time designate any other address for this purpose by providing written notice to the other Party. If to Tenant: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance: PH50415A/PH33XC012 If to Owner: City of Buckeye Attn: City Attorney 530 East Monroe Avenue Buckeye, Arizona 85326 With a copy to: Sprint Law Department Sprint Site ID: Site IDPH33XC012 Attn.: Real Estate Attorney Mailstop KSOPHD0101-Z2020 6220 Sprint Parkway Overland Park, Kansas 66251-2020 7. Tenant and Owner will reasonably cooperate with each other’s reasonable requests to approve permit applications and other documents related to the Property without additional payment or consideration in connection with any resources that may be expended to reasonably cooperate with such request. 8. Any charges payable under the Agreement other than Rent shall be billed by Owner to Tenant within twelve (12) months from the date in which the charges were incurred or due; otherwise, the same shall be deemed time-barred and be forever waived and released by Owner. 9. Revocation or Termination of PCS Site Agreement. In addition to the existing Termination section set forth in the Agreement, subject to all applicable cure periods set forth herein, this Lease may be terminated for the following reasons: (a) Tenant's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; (b) Tenant's construction or operation at an unauthorized location; (c) TMO Signatory Level: L08/SL08 NLG-96604 Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 4 TMO / Sprint Site ID: PH50415A TMO / Sprint Lease ID: 1560145 T-Mobile Internal Unauthorized sale, assignment, or transfer of Tenant's Agreement, assets, or a substantial interest therein; (d) Abandonment of Tenant's personal communications service system facility (“PCS”) in the public ways or upon Owner property for a period of sixty (60) consecutive days; (e ) Failure to relocate or remove facilities as required in this Agreement; (f) Failure to pay taxes, compensation, fees or costs when and as due; (g) Insolvency or bankruptcy of the Tenant; (h) Failure to construct or operate the PCS in accordance with approved permits; (i) Violation of any material provision or term of this Agreement; (j) The Federal Communications Commission or its successor entity determines that the PCS installed on the Premises are hazardous to health or safety; (k) Unauthorized substantial transfer of control of the Tenant; (l) Unauthorized assignment of this Agreement; (m) Misrepresentations by Tenant in any written statement upon which the Owner relies in making the decision to grant, review, or amend this Agreement; (n) Construction, operation, or maintenance by Tenant of its PCS in a dangerous or hazardous manner. 10. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Agreement, the terms and provisions of this First Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 11. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this this First Amendment will legally bind the Parties to the same extent as originals. 12. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment. Owner represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of First Amendment. If Owner is represented by any property manager, broker or any other leasing agent (“Agent”), then (a) Owner is solely responsible for all commission, fees or other payment to Agent and (b) Owner shall not impose any fees on Tenant to compensate or reimburse Owner for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this First Amendment or any future amendment. 13. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns. TMO Signatory Level: L08/SL08 NLG-96604 Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 5 TMO / Sprint Site ID: PH50415A TMO / Sprint Lease ID: 1560145 T-Mobile Internal IN WITNESS WHEREOF, the Parties execute this First Amendment as of the Effective Date. Owner: City of Buckeye By: Print Name: Title: Date: Tenant: Sprint Spectrum Realty Company, LLC, a Delaware limited liability company By: Print Name: __________________________ Title: ________________________________ Date: Attest: ________________________ Lucinda J. Aja, City Clerk Approved as to form: K. Scott McCoy, City Attorney TMO Signatory Level: L08/SL08 NLG-96604 Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 8/7/2025 Manager Bill Lam Page 1 of 4 Exhibit A The Premises LESSOR'S LEGAL DESCRIPTION (PER TITLE) THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION FIVE (5) TOWNSHIP ONE (1) SOUTH, RANGE THREE (3) WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, LYING NORTH OF U. S. HIGHWAY 80 AS NOW EXISTING; EXCEPT THE WEST 33 FEET THEREOF WITHIN NINTH STREET; AND EXCEPT THAT PART THEREOF WITHIN EASON AVENUE, AS SHOWN ON THE OFFICIAL MAP OF BUCKEYE, RECORDED IN BOOK 22 OF MAPS, PAGE 6, RECORDS OF MARICOPA COUNTY, ARIZONA; AND EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT RIGHTS OF WAY FOR CANALS, LATERALS AND DITCHES; AND EXCEPT A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF 9TH STREET AND EASON AVENUE (RECORD LONG STREET) AS SHOWN ON THE PLAT OF RECORD OF CENTRAL BUCKEYE AS RECORDED IN BOOK 20 OF MAPS PAGE 28, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE NORTH 89º31'38" EAST (BASIS OF BEARINGS) ALONG THE PROLONGATION OF THE EASON AVENUE (RECORD LONG STREET) ALIGNMENT, A DISTANCE OF 97.92 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89º31'38" EAST ALONG THE PROLONGATION OF THE EASON AVENUE (RECORD LONG STREET) ALIGNMENT, A DISTANCE OF 351.19 FEET; THENCE SOUTH 01º51'20" WEST, A DISTANCE OF 201.11 FEET; THENCE SOUTH 88º08'40" EAST, A DISTANCE OF 17.56 FEET; THENCE SOUTH 01º49'40" WEST, A DISTANCE OF 131.26 FEET; THENCE NORTH 88º08'40" WEST, A DISTANCE OF 17.63 FEET; THENCE SOUTH 01º51'20" WEST, A DISTANCE OF 52.20 FEET; THENCE SOUTH 50º04'29" WEST, A DISTANCE OF 94.48 FEET; THENCE NORTH 88º58'05" WEST, A DISTANCE OF 66.86 FEET; THENCE SOUTH 86º44'02" WEST, A DISTANCE OF 111.37 FEET; THENCE NORTH 89º41'42" WEST, A DISTANCE OF 140.09 FEET; THENCE NORTH 01º46'47" EAST, A DISTANCE OF 366.92 FEET; THENCE NORTH 48º17'06" EAST, A DISTANCE OF 53.61 FEET; THENCE NORTH 00º34'56" EAST, A DISTANCE OF 44.10 FEET, TO THE POINT OF BEGINNING. Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 Page 2 of 4 LEASE AREA LEGAL DESCRIPTION A PORTION OF THE REAL PROPERTY DESCRIBED IN THE DEED RECORDED JULY 03, 1953, IN BOOK 1165, PAGE 277 OF DEEDS, RECORDED IN THE MARICOPA COUNTY, ARIZONA, RECORDERS OFFICE; BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION FIVE TOWNSHIP ONE SOUTH, RANGE THREE WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COORDINATES AND BEARINGS SHOWN HEREON ARE BASED UPON THE ARIZONA ZONE CENTRAL STATE PLANE COORDINATE SYSTEM BASED ON THE NORTH AMERICAN DATUM OF 1983(2011) (EPOCH 2010.00). DETERMINED BY GLOBAL POSITIONING SYSTEM EQUIPMENT ON THE SMARTNET REFERENCE NETWORK. DISTANCES ARE BASED ON THE ARIZONA CENTRAL STATE PLANE COORDINATE ZONE GRID. TO DERIVE GROUND DISTANCES DIVIDE BY 0.99991456. BEGINNING AT A POINT WITH A NORTHING OF 863488.44' AND AN EASTING OF 498526.68', FROM WHICH A CITY OF BUCKEYE BRASS CAP MONUMENT, HAVING A NORTHING OF 863611.87' AND AN EASTING OF 498204.24', BEARS NORTH 69°03'09" WEST, 345.25 FEET; ALSO FROM WHICH A CITY OF BUCKEYE BRASS CAP MONUMENT, HAVING A NORTHING OF 863934.30', AND AN EASTING OF 498216.60', BEARS NORTH 34°49'03" WEST, 543.08 FEET; ALSO FROM WHICH A A CITY OF BUCKEYE BRASS CAP MONUMENT, MONUMENTING THE INTERSECTION OF THE EASTERLY LINE OF SAID DEED AND THE CENTERLINE OF EAST WATKINS AVENUE, HAVING A NORTHING OF 863608.97' AND AN EASTING OF 498868.53', BEARS NORTH 70°34'43" EAST, 362.48 FEET. THENCE FROM SAID POINT OF BEGINNING, SOUTH 02°07'37" WEST, 20.00 FEET; THENCE NORTH 87°52'23" WEST, 30.33 FEET; THENCE NORTH 02°07'37" EAST, 20.00 FEET; THENCE SOUTH 87°52'23" EAST, 30.33 FEET TO THE POINT OF BEGINNING.; CONTAINING 607 SQUARE FEET (0.05139 ACRES) OF LAND, MORE OR LESS. Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 Page 3 of 4 ACCESS AND UTILITY EASEMENT LEGAL DESCRIPTION A PORTION OF THE REAL PROPERTY DESCRIBED IN THE DEED RECORDED JULY 03, 1953, IN BOOK 1165, PAGE 277 OF DEEDS, RECORDED IN THE MARICOPA COUNTY, ARIZONA, RECORDERS OFFICE; BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION FIVE TOWNSHIP ONE SOUTH, RANGE THREE WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COORDINATES AND BEARINGS SHOWN HEREON ARE BASED UPON THE ARIZONA ZONE CENTRAL STATE PLANE COORDINATE SYSTEM BASED ON THE NORTH AMERICAN DATUM OF 1983(2011) (EPOCH 2010.00). DETERMINED BY GLOBAL POSITIONING SYSTEM EQUIPMENT ON THE SMARTNET REFERENCE NETWORK. DISTANCES ARE BASED ON THE ARIZONA CENTRAL STATE PLANE COORDINATE ZONE GRID. TO DERIVE GROUND DISTANCES DIVIDE BY 0.99991456. BEGINNING AT A POINT WITH A NORTHING OF 863488.44' AND AN EASTING OF 498526.68', FROM WHICH A CITY OF BUCKEYE BRASS CAP MONUMENT, HAVING A NORTHING OF 863611.87' AND AN EASTING OF 498204.24', BEARS NORTH 69°03'09" WEST, 345.25 FEET; ALSO FROM WHICH A CITY OF BUCKEYE BRASS CAP MONUMENT, HAVING A NORTHING OF 863934.30', AND AN EASTING OF 498216.60', BEARS NORTH 34°49'03" WEST, 543.08 FEET; ALSO FROM WHICH A A CITY OF BUCKEYE BRASS CAP MONUMENT, MONUMENTING THE INTERSECTION OF THE EASTERLY LINE OF SAID DEED AND THE CENTERLINE OF EAST WATKINS AVENUE, HAVING A NORTHING OF 863608.97' AND AN EASTING OF 498868.53', BEARS NORTH 70°34'43" EAST, 362.48 FEET. THENCE FROM SAID POINT OF BEGINNING, SOUTH 87°52'23" EAST, 12.00 FEET; THENCE SOUTH 02°07'37" WEST, 51.87 FEET; THENCE NORTH 89°49'49" WEST, 220.51 FEET; THENCE NORTH 86°26'01" WEST, 95.05 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID DEED, ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY OF NORTH 9TH STREET; THENCE ALONG SAID LINE, NORTH 02°14'07" EAST, 12.00 FEET; THENCE SOUTH 86°26'01" EAST, 94.97 FEET; THENCE SOUTH 89°49'49" EAST, 208.56 FEET; THENCE NORTH 02°07'37" EAST, 40.28 FEET TO THE POINT OF BEGINNING. Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6 Page 4 of 4 5.00 FOOT WIDE UTILITY EASEMENT LEGAL DESCRIPTION A PORTION OF THE REAL PROPERTY DESCRIBED IN THE DEED RECORDED JULY 03, 1953, IN BOOK 1165, PAGE 277 OF DEEDS, RECORDED IN THE MARICOPA COUNTY, ARIZONA, RECORDERS OFFICE; BEING A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION FIVE TOWNSHIP ONE SOUTH, RANGE THREE WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN; BEING A 5.00 FOOT WIDE STRIP OF LAND, LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COORDINATES AND BEARINGS SHOWN HEREON ARE BASED UPON THE ARIZONA ZONE CENTRAL STATE PLANE COORDINATE SYSTEM BASED ON THE NORTH AMERICAN DATUM OF 1983(2011) (EPOCH 2010.00). DETERMINED BY GLOBAL POSITIONING SYSTEM EQUIPMENT ON THE SMARTNET REFERENCE NETWORK. DISTANCES ARE BASED ON THE ARIZONA CENTRAL STATE PLANE COORDINATE ZONE GRID. TO DERIVE GROUND DISTANCES DIVIDE BY 0.99991456. COMMENCING AT A POINT WITH A NORTHING OF 863488.44' AND AN EASTING OF 498526.68', FROM WHICH A CITY OF BUCKEYE BRASS CAP MONUMENT, HAVING A NORTHING OF 863611.87' AND AN EASTING OF 498204.24', BEARS NORTH 69°03'09" WEST, 345.25 FEET; ALSO FROM WHICH A CITY OF BUCKEYE BRASS CAP MONUMENT, HAVING A NORTHING OF 863934.30', AND AN EASTING OF 498216.60', BEARS NORTH 34°49'03" WEST, 543.08 FEET; ALSO FROM WHICH A A CITY OF BUCKEYE BRASS CAP MONUMENT, MONUMENTING THE INTERSECTION OF THE EASTERLY LINE OF SAID DEED AND THE CENTERLINE OF EAST WATKINS AVENUE, HAVING A NORTHING OF 863608.97' AND AN EASTING OF 498868.53', BEARS NORTH 70°34'43" EAST, 362.48 FEET; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 87°52'23" EAST, 12.00 FEET; THENCE SOUTH 02°07'37" WEST, 2.50 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, SOUTH 87°52'23" EAST, 31.54 FEET; THENCE NORTH 56°10'09" EAST, 92.69 FEET; THENCE NORTH 90°00'00" EAST, 217.54 FEET TO THE EASTERLY BOUNDARY OF SAID DEED, ALSO BEING THE POINT OF TERMINUS. Docusign Envelope ID: 17FEE1A4-915F-4F14-811C-C9D63361C9D6