SECOND AMENDMENT-PROPOSED CONTRACT

City of El Mirage — Regular Meeting (2024-05-07)

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MD?

August 7, 2023

City of El Mirage
Attn: Robert Weddigen
10000 North El Mirage Road

El Mirage, AZ 85335

Re: Crown Castle BU Number: 846102
Cell Site Name: 846102
Site Address: 14010 North El Mirage Road, El Mirage, AZ 85335

Dear Robert Weddigen:

The enclosed documents are being provided to you pursuant to certain deal terms that

were discussed and agreed upon with your Crown Castle Acquisition Specialist, Heather
Coyer.

MD7 is working directly with Crown Castle to facilitate and handle the closing process for
this transaction. Please call me at (469) 663-6412 ext. 2048 when you receive this
package, and | will guide you through the process of signing and notarizing the following:

1. Landowner’s Checklist
O Review Crown Castle’s, the Pathway to Possible

2. Second Amendment to Option and Site Lease Agreement (two originals)
O Complete the signature blocks with signature, name, title and date
3. Memorandum of Amendment to Option and Site Lease Agreement (two
originals)

O Complete the signature blocks with signature, name, title and date in the
presence of a Notary Public

4, IRS Form W-9 for the Payee (one original per payee)
O Complete the enclosed form per the instructions
O Complete the signature line with signature and date

5. Please provide one of the following documents evidencing landlord’s
signing authority for the enclosed transaction documents
O By-Laws, Meeting Minutes, and/or Corporate Resolution

950 WEST BETHANY DRIVE / SUITE 700 / ALLEN, TX 75013

Areturn-addressed, pre-paid Federal Express envelope is included for your convenience
(to locate the nearest drop-off, call 800.463.3339 or visit www.fedex.com/dropoff).

Should you require the services of a mobile Notary Public, please contact me directly to
arrange for this service.

Once all documents relating to this transaction have been fully executed, Crown Castle
will provide you with a complete set of final transaction documents. Please feel free to
make your own copies at this time; however, it is important that you return all of the original
documents enclosed in this package.

Failure to comply with these instructions will result in delays and could require the
documents to be re-executed.

If you have any questions regarding the enclosed documents, please feel free to contact
me at (469) 663-6412 ext. 2048 or by email at APlancarte@md7.com.

If you have specific questions related to the proposed deal terms, please contact your
Crown Castle Acquisition Specialist, Heather Coyer at 941-308-3324 or by email at
Heather.Coyer@crowncastle.com.

Sincerely,
Ashlee Plancarte, MD7
On behalf of Crown Castle

(469) 663-6412 ext. 2048
APlancarte@md7.com

Enclosures

MD?
INSTRUCTIONS FOR THE NOTARY

Please make sure all of the fields in the
Acknowledgement sections are complete:

L] Review the Acknowledgement to make sure it conforms to
the requirements of your state. If it does not, attach your
separate certificate form for completion

L] Add the State/Commonwealth where you performed the
notarization

L] Add the County where you performed the notarization

L] Add the date the signer personally appeared before you
and when you completed the notarization

L] The signer’s printed name in the Acknowledgement
must match the signer’s signature block exactly as
printed or written

L] Sign your name exactly as it appears on your Notary
commission

L] Affix your seal properly and make sure it is clear and
legible

L) Print your name exactly as it appears on your Notary
commission and Notary seal (regardless if the Notary seal
contains this information)

950 WEST BETHANY DRIVE / SUITE 700 / ALLEN, TX 75013

W-9
Form

(Rev. October 2018)

Department of the Treasury
Internal Revenue Service

Request for Taxpayer
Identification Number and Certification

> Go to www.irs.gov/FormW¢9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

oO Individual/sole proprietor or oO C Corporation

single-member LLC

Print or type.

(1 Other (see instructions) >

Os Corporation

oO Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) >

Note: Check the appropriate box in the line above for the tax classification of the single- member owner. Do not check Exemption from FATCA reporting
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that!
is disregarded from the owner should check the appropriate box for the tax classification of its owner.

4 Exemptions (codes apply only to
certain entities, not individuals; see

instructions on page 3):

O Partnership O Trust/estate

Exempt payee code (if any)

code (if any)

Applies to accounts maintained outside the U.S.)

See Specific Instructions on page 3.

Requester's name and address (optional)

7 List account number(s) here (optional)

Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part |, later. For other - -
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a

TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and

Number To Give the Requester for guidelines on whose number to enter.

| Social security number

Part Il Certification

Under penalties of perjury, | certify that:

1. The number shown on this form is my correct taxpayer identification number (or | am waiting for a number to be issued to me); and

2. | am not subject to backup withholding because: (a) | am exempt from backup withholding, or (b) | have not been notified by the Internal Revenue
Service (IRS) that | am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that |am
no longer subject to backup withholding; and

3.lama U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that | am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, later.

2 (om

General Instructions

Section references are to the Internal Revenue Code unless otherwise
noted.

Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.

Purpose of Form

An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.

¢ Form 1099-INT (interest earned or paid)

* Form 1099-DIV (dividends, including those from stocks or mutual
funds)

* Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)

* Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)

* Form 1099-S (proceeds from real estate transactions)
* Form 1099-K (merchant card and third party network transactions)

* Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)

* Form 1099-C (canceled debt)
* Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.

Cat. No. 10231X

Form W-9 (Rev. 10-2018)

SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT

THIS SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (this “Second
Amendment’) is dated and made effective as of the date of the last party to sign (“Effective Date”), by and
between CITY OF EL MIRAGE (“Landlord”), with a mailing address of 12145 NW Grand Avenue, El Mirage,
Arizona 85335, and NCWPCS MPL 26 - YEAR SITES TOWER HOLDINGS LLC, a Delaware limited
liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact
(“Tenant”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.

RECITALS

WHEREAS, Landlord and AT&T Wireless PCS, Inc., a Delaware corporation (“Original Tenant”)
entered into an Option and Site Lease Agreement dated November 15, 1995, together with that certain
Addendum No. | to Option and Site Lease Agreement of even date (collectively, the “Original Agreement”),
a memorandum of which was recorded in the official records of Maricopa County, Arizona (the “Official
Records”) on November 12, 1996 at Instrument No. 96-0797417, whereby Original Tenant leased certain real
property, together with access and utility easements, located in Maricopa County, Arizona from Landlord (the
“Premises”), all located within certain real property owned by Landlord (the “Property”); and

WHEREAS, the Original Agreement was amended by that certain First Amendment to Option and Site
Lease Agreement dated October 19, 2011 (hereinafter the Original Agreement and all subsequent amendments
are collectively referred to as the “Agreement”); and

WHEREAS, NCWPCS MPL 26 - Year Sites Tower Holdings LLC is currently the tenant under the
Agreement as ultimate successor in interest to Original Tenant; and

WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a
communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities,
antennas, equipment, any related improvements and structures and uses incidental thereto; and

WHEREAS, the Agreement had an initial term that commenced on September 19, 1996 and expired
on September 30, 2001. The Agreement provided for five (5) additional terms of five (5) years each, all of

which were exercised by Tenant. According to the Agreement, the final additional term expires on September
30, 2026; and

WHEREAS, Landlord and Tenant desire to amend the Agreement on the terms and conditions
contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
acknowledged, Landlord and Tenant agree as follows:

1. Recitals: Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any
capitalized terms not defined herein shail have the meanings ascribed to them in the Agreement.

2. Conditional Signing Bonus. Tenant will pay to Landlord a one-time amount of Two Thousand
and 00/100 Dollars ($2,000.00) for the full execution of this Second Amendment (and any applicable
memorandum of amendment) (the “Conditional Signing Bonus”). Tenant will pay the Conditional Signing
Bonus to Landlord within sixty (60) days of the full execution of this Second Amendment (and any applicable
memorandum of amendment). In the event that this Second Amendment (and any applicable memorandum of

Site Name: EL MIRAGE
Business Unit #: 846102 |

amendment) is not fully executed by both Tenant and Landlord for any reason, Tenant shall have no obligation
to pay the Conditional Signing Bonus to Landlord.

3. Term. The second sentence of Section 4 of the Original Agreement, and only that sentence, is
hereby deleted and the following is inserted in its place:

Tenant may extend this Agreement, on the same terms, eleven (11) successive five (5) year
terms (each an “Additional Term”), automatically, unless Tenant gives Landlord written notice
during the initial term or any Additional Term stating Tenant will not extend further.

Landlord and Tenant acknowledge and agree that Tenant has exercised five (5) Additional Terms,
leaving a balance of six (6) Additional Terms, with the final Additional Term expiring on September 30, 2056.

4. One-Time Rent Increase. On September 1, 2026 the annual rent shall increase to Eighteen
Thousand Five Hundred Twenty-Seven and 58/100 Dollars ($18,527.58) per year. Following such increase,
the annual rent shall continue to adjust pursuant to the terms of Section 5 below.

5. Rent Escalations. Commencing on September |, 2027 and every year thereafter (each an
“Adjustment Date”), the annual rent shail increase by an amount equal to three percent (3%) of the annual rent
in effect for the year immediately preceding the Adjustment Date. Such rent escalations shall replace any rent
escalations currently in the Agreement.

6. Notices. Tenant’s notice address as stated in the Agreement is amended as follows:

Ifto Tenant: NCWPCS MPL 26 - Year Sites Tower Holdings LLC
Legal Department
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202-4206

With a copy to:
CCATT LLC

Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317

7. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-29, or its
equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested
by Tenant. In the event the Premises is transferred, the succeeding landlord shall have a duty at the time of
such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper
work to effect a transfer in the rent to the new landlord. Landlord’s failure to provide the IRS Form W-9 within
thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action
necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent
payments.

8. Eminent Domain. If Landlord receives notice of a proposed taking by eminent domain of any
part of the lease area or easements, Landlord will notify Tenant of the proposed taking within five (5) days of
receiving said notice and Tenant will have the option to: (i) declare the Agreement null and void and thereafter
neither party will have any liability or obligation hereunder; or (ii) remain in possession of that portion of the

Site Name: EL MIRAGE
Business Unit #: 846102 2

lease area and easements that will not be taken, in which event there shall be an equitable adjustment in rent
on account of the portion of the lease area and easement so taken. With either option Tenant shall have the
right to pursue all available remedies at law or equity.

9. Ratification.

a) Landlord and Tenant agree that Tenant is the current tenant under the Agreement, the
Agreement is in full force and effect, as amended herein, and the Agreement contains the entire agreement
between Landlord and Tenant with respect to the Premises.

b) Landlord agrees that any and all actions or inactions that have occurred or should have occurred
prior to the date of this Second Amendment are approved and ratified and that no breaches or defaults exist as
of the date of this Second Amendment.

c) Landlord represents and warrants that Landlord is duly authorized and has the full power, right
and authority to enter into this Second Amendment and to perform all of its obligations under the Agreement
as amended.

d) Landlord agrees to provide such further assurances as may be requested to carry out and
evidence the full intent of the parties under the Agreement as amended hereby, and ensure Tenant’s continuous
and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended
hereby.

e) Landlord acknowledges that the Premises, as defined, shall include any portion of the Property
on which communications facilities or other Tenant improvements exist on the date of this Second
Amendment.

10. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly
modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict
or inconsistency between the terms of this Second Amendment and the Agreement, the terms of this Second
Amendment shall control. The terms, covenants and provisions of this Second Amendment shall extend to and
be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and Tenant.
This Second Amendment may be executed simultaneously or in counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same agreement.

lL. Survey, Tenant reserves the right, at its discretion and at its sole cost, to obtain a survey
(“Survey”) specifically describing the Premises and any access and utility easements associated therewith.
Tenant shall be permitted to attach the Survey as an exhibit to this Second Amendment and any related
memorandum for recording, which shall update and replace the existing description, at any time prior to or
after closing of this Second Amendment.

12. Recordation. Tenant, at its cost and expense, shall have the right to record a memorandum of
this Second Amendment (“Memorandum”) in the Official Records at any time following the execution of this
Second Amendment by all parties hereto. In addition, Tenant shall have the right in its discretion, to record a
notice of lease, affidavit or other form to be determined by Tenant without Landlord’s signature in form and
content substantially similar to the Memorandum, to provide record notice of the terms of this Second
Amendment.

[Execution Pages Follow]

Site Name: EL MIRAGE
Business Unit #: 846102 3

i
|

This Second Amendment is executed by Landlord as of the date written below.

LANDLORD:
CITY OF EL MIRAGE

By:
Print Name:
Print Title:
Date:

[Tenant Execution Page Follows]

Site Name: EL MIRAGE
Business Unit #: 846102 4

This Second Amendment is executed by Tenant as of the date written below.

Site Name: EL MIRAGE
Business Unit #: 846102

TENANT:

NCWPCS MPL 26 - YEAR SITES TOWER
HOLDINGS LLC,

a Delaware limited liability company

By: CCATT LLC,
a Delaware limited liability company

Its: Aftomey In Fact
Print Namé: |

Print Title: Ma hdy Hebert”

Date:
oA]os 2004

SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT

THIS SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (this “Second
Amendment”) is dated and made effective as of the date of the last party to sign (“Effective Date”), by and
between CITY OF EL MIRAGE (“Landlord”), with a mailing address of 12145 NW Grand Avenue, El Mirage,
Arizona 85335, and NCWPCS MPL 26 - YEAR SITES TOWER HOLDINGS LLC, a Delaware limited
liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact
(“Tenant”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.

RECITALS

WHEREAS, Landlord and AT&T Wireless PCS, Inc,, a Delaware corporation (“Original Tenant”)
entered into an Option and Site Lease Agreement dated November 15, 1995, together with that certain
Addendum No. | to Option and Site Lease Agreement of even date (collectively, the “Original Agreement”),
a memorandum of which was recorded in the official records of Maricopa County, Arizona (the “Official
Records”) on November 12, 1996 at Instrument No. 96-0797417, whereby Original Tenant leased certain real
property, together with access and utility easements, located in Maricopa County, Arizona from Landlord (the
“Premises”, all located within certain real property owned by Landlord (the “Property”); and

WHEREAS, NCWPCS MPL 26 - Year Sites Tower Holdings LLC is currently the tenant under the
Agreement as ultimate successor in interest to Original Tenant; and

WHEREAS, the Agreement had an initial term that commenced on September 19, 1996 and expired
on September 30, 2001. The Agreement provided for five (5) additional terms of five (5) years each, all of
which were exercised by Tenant. According to the Agreement, the final additional term expires on September
30, 2026; and

WHEREAS, Landlord and Tenant desire to amend the Agreement on the terms and conditions
contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
acknowledged, Landlord and Tenant agree as follows:

I. Recitals: Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any
capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.

Site Name: EL MIRAGE
Business Unit #: 846102 1

amendment) is not fully executed by both Tenant and Landlord for any reason, Tenant shall have no obligation
to pay the Conditional Signing Bonus to Landlord.

3. Term. The second sentence of Section 4 of the Original Agreement, and only that sentence, is
hereby deleted and the following is inserted in its place:

4, One-Time Rent Increase. On September ], 2026 the annual rent shall increase to Eighteen
Thousand Five Hundred Twenty-Seven and 58/100 Dollars ($18,527.58) per year. Following such increase,
the annual rent shall continue to adjust pursuant to the terms of Section 5 below.

5. Rent Escalations. Commencing on September 1, 2027 and every year thereafter (each an
“Adjustment Date”), the annual rent shall increase by an amount equal to three percent (3%) of the annual rent
in effect for the year immediately preceding the Adjustment Date. Such rent escalations shall replace any rent
escalations currently in the Agreement.

6. Notices. Tenant’s notice address as stated in the Agreement is amended as follows:

Ifto Tenant: NCWPCS MPL 26 - Year Sites Tower Holdings LLC
Legal Department
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202-4206

With a copy to:
CCATT LLC

Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317

7. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its
equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested
by Tenant. In the event the Premises is transferred, the succeeding landlord shall have a duty at the time of
such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper
work to effect a transfer in the rent to the new landlord. Landlord’s failure to provide the IRS Form W-9 within
thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action

necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent
payments.

Site Name: EL MIRAGE
Business Unit #: 846102 2

9. Ratification.

and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended
hereby.

Hl. Survey. Tenant reserves the right, at its discretion and at its sole cost, to obtain a survey
(“Survey”) specifically describing the Premises and any access and utility easements associated therewith.
Tenant shall be permitted to attach the Survey as an exhibit to this Second Amendment and any related
memorandum for recording, which shall update and replace the existing description, at any time prior to or
after closing of this Second Amendment.

12. Recordation. Tenant, at its cost and expense, shal! have the right to record a memorandum of
this Second Amendment (“Memorandum”) in the Official Records at any time following the execution of this
Second Amendment by all parties hereto. In addition, Tenant shall have the right in its discretion, to record a
notice of lease, affidavit or other form to be determined by Tenant without Landlord’s signature in form and
content substantially similar to the Memorandum, to provide record notice of the terms of this Second
Amendment.

[Execution Pages Follow]

Site Name: EL MIRAGE
Business Unit #: 846102 3

This Second Amendment is executed by Landlord as of the date written below.

Site Name: EL MIRAGE
Business Unit #: 846102

LANDLORD:
CITY OF EL MIRAGE

By:

Print Name:

Print Title:

Date:

[Tenant Execution Page Follows]

This Second Amendment is executed by Tenant as of the date written below.

Site Name: EL MIRAGE
Business Unit #: 846102

TENANT:

NCWPCS MPL 26 - YEAR SITES TOWER
HOLDINGS LLC,

a Delaware limited liability company

By: CCATT LLC,
a Delaware limited liability company

Its: “Uh In Fact
By: & er f

Print Name:

mp
Print Title: Mandy Hebert

7
Date:

o4 [03/2024

WHEN RECORDED RETURN TO:

NCWPCS MPL 26 - Year Sites Tower Holdings LLC
clo CCATT LLC

8020 Katy Freeway

Houston, Texas 77024

Prepared by:

Parker Legal Group, PC

600 West Broadway, Suite 700
San Diego, California 92101

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN: 501-33-013-K Prior recorded document(s) in Maricopa County, Arizona:
November 12, 1996, at #96-0797417

MEMORANDUM OF AMENDMENT TO OPTION AND SITE LEASE AGREEMENT

This Memorandum of Amendment to Option and Site Lease Agreement (“Memorandum”) is
dated and made effective as of the date of the last party to sign, by and between CITY OF EL MIRAGE
(“Landlord”), with a mailing address of 12145 NW Grand Avenue, El Mirage, Arizona 85335, and
NCWPCS MPL 26 - YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company,
by and through CCATT LLC, a Delaware limited liability company, its attorney in fact (“Tenant”),
with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.

1. Landlord and AT&T Wireless PCS, Inc., a Delaware corporation (“Original Tenant”)
entered into an Option and Site Lease Agreement dated November 15, 1995, together with that certain
Addendum No. 1 to Option and Site Lease Agreement of even date (collectively, the “Original
Agreement”), a memorandum of which was recorded in the official records of Maricopa County,
Arizona (the “Official Records”) on November 12, 1996 at Instrument No. 96-0797417, whereby
Original Tenant leased certain real property, together with access and utility easements, located in
Maricopa County, Arizona from Landlord (the “Premises”), all located within certain real property
owned by Landlord (the “Property”). The Property, of which the Premises is a part, is more particularly
described in Exhibit A attached hereto.

2. The Original Agreement was amended by that certain First Amendment to Option and
Site Lease Agreement dated October 19, 2011 (hereinafter the Original Agreement and all subsequent
amendments are collectively referred to as the “Agreement”).

3. NCWPCS MPL 26 - Year Sites Tower Holdings LLC is currently the tenant under the
Agreement as ultimate successor in interest to Original Tenant.

4. The Premises may be used for the purpose of constructing, maintaining and operating
a communications facility, including tower structures, equipment shelters, cabinets, meter boards,
utilities, antennas, equipment, any related improvements and structures and uses incidental thereto.

5. The Agreement had an initial term that commenced on September 19, 1996 and expired
on September 30, 2001. The Agreement provided for five (5) additional terms of five (5) years each
(each an “Additional Term”), all of which were exercised by Tenant. According to the Agreement, the
final Additional Term expires on September 30, 2026.

Site Name: EL MIRAGE
Business Unit #: 846102 1

'
|
|
|

6. Landlord and Tenant have entered into a Second Amendment to Option and Site Lease
Agreement (the “Second Amendment”), of which this is a Memorandum, providing for an additional
six (6) Additional Terms of five (5) years each. Pursuant to the Second Amendment, the final
Additional Term expires on September 30, 2056.

7. In the event of any inconsistency between this Memorandum and the Second
Amendment, the Second Amendment shall control.

8. The terms, covenants and provisions of the Second Amendment shall extend to and be
binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and
Tenant.

9. This Memorandum does not contain the social security number of any person.

10. A copy of the Second Amendment is on file with Landlord and Tenant.

[Execution Pages Follow}

Site Name: EL MIRAGE
Business Unit #: 846102 2

IN WITNESS WHEREOF, hereunto and to duplicates hereof, Landlord has caused this
Memorandum to be duly executed on the date first written below.

LANDLORD:
CITY OF EL MIRAGE

By:

Print Name:

Print Title:

Date:
STATE OF }
}
COUNTY OF }
On this day of ,20___ before me (notary
public), personally appeared (print name), who

proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.

1 certify under PENALTY OF PERJURY under the laws of the State of that
the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (notary public)

(NOTARY SEAL)

[Tenant Execution Page Follows

Site Name: EL MIRAGE
Business Unit #: 846102 3

IN WITNESS WHEREOF, hereunto and to duplicates hereof, Tenant has caused this
Memorandum to be duly executed on the date first written below.

TENANT:

NCWPCS MPL 26 - YEAR SITES TOWER
HOLDINGS LLC,

a Delaware limited liability company

By: CCATT LLC,
a Delaware limited liability company
Its: Attorney In Fact

By
Print Name:
Print Title:

_ oY |03]2024

State of Texas

County of iS

Before me, rel , a Notary Public, on this day personally appeared
Mandy ana . May Rood Estate of CCATT LLC, a

Delaware limited liability company, as Attorney *h Fact for NCWPCS MPL 26 - YEAR SITES
TOWER HOLDINGS LLC, a Delaware limited liability company, known to me (or proved to me on
the oath of or through driver’s license, state id card, resident id card, military id card,
or passport) to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that she/he executed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this 3 day of Apri \ F 2024,

= : Pen
», AMANDA BURRELL
2 Notary Public, State of Texas don.
' g= Comm. Expires 08-18-2025 u = no Tee ;
(Personal i peal Notary ID 133275329 8) Notary Public’s Signature

Site Name: EL MIRAGE
Business Unit #: 846102 4

EXHIBIT A
Legal Description of the Property

THE EAST 393 FEET OF SECTION 11, TOWNSHIP 3 NORTH, RANGE | WEST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, LYING SOUTH
OF WEST EL MIRAGE, ACCORDING TO BOOK 66 OF MAPS, PAGE 26, RECORDS OF
MARICOPA COUNTY, ARIZONA;

EXCEPT THE NORTH 285.85 THEREOF.

Site Name: EL MIRAGE
Business Unit #: 846102 5 Exhibit A

WHEN RECORDED RETURN TO:

NCWPCS MPL 26 - Year Sites Tower Holdings LLC
clo CCATT LLC

8020 Katy Freeway

Houston, Texas 77024

Prepared by:

Parker Legal Group, PC

600 West Broadway, Suite 700
San Diego, California 92101

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN: 501-33-013-K Prior recorded document(s) in Maricopa County, Arizona:
November 12, 1996, at #96-0797417

MEMORANDUM OF AMENDMENT TO OPTION AND SITE LEASE AGREEMENT

I. Landlord and AT&T Wireless PCS, Inc., a Delaware corporation (“Original Tenant”)
entered into an Option and Site Lease Agreement dated November 15, 1995, together with that certain
Addendum No. 1 to Option and Site Lease Agreement of even date (collectively, the “Original
Agreement”), a memorandum of which was recorded in the official records of Maricopa County,
Arizona (the “Official Records”) on November 12, 1996 at Instrument No. 96-0797417, whereby
Original Tenant leased certain real property, together with access and utility easements, located in
Maricopa County, Arizona from Landlord (the “Premises”), all located within certain real property
owned by Landlord (the “Property”). The Property, of which the Premises is a part, is more particularly
described in Exhibit A attached hereto.

3. NCWPCS MPL 26 - Year Sites Tower Holdings LLC is currently the tenant under the
Agreement as ultimate successor in interest to Original Tenant.

4, The Premises may be used for the purpose of constructing, maintaining and operating
a communications facility, including tower structures, equipment shelters, cabinets, meter boards,
utilities, antennas, equipment, any related improvements and structures and uses incidental thereto.

Site Name: EL MIRAGE
Business Unit #: 846102 1