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Home My Public Portal AboutNew Cingular (Page 1 of 5) C Kll Site Na 420-K3_42339 Site Adldlressa iiutder Avenue,Tybee Island,GA M320 FIRST'AMENDMENT TO WATER TOWER ATTACHMENT OPTION AND LEASE AGREEMENT ENT TH]S FIRST AMENDMENT TO WATER TOWER ATTACHMENT OPTION AND LEASE AGREEMENT ("Amendment") dated as of the date below,by and between The City of Tybee Island, Georgia, having a mailing address at P.O. Box 2749,Tybee Island,GA 31328 (hereinafter referred to as"Landlord")and New Cingular Wireless PCS, LLC, a Delaware limited liab.lity company, successor in interest to BellSouth Personal Communications, Inc., a Delaware corporation, d;bla BellSouth Mobility DCS, having a mailing address at 6100 Atlantic Boulevard,Norcross,Georgia 30071 ;hereinafter referred to as"Tenant"). WHEREAS, Landlord and Tenant entered into a Water Tower Attachment Option and Lease Agreement ("Lease") dated October 10, 1997; whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 211 Butler Avenue,Tybee Island, GA 31328 ("Agreement"); and WHEREAS, Landlord and Tenant desire to amend the terms of the Agreement; and WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Rent payable under the Agreement; and WHEREAS, Landlord and Tenant desire to modify, as set forth herein, the Tenant's obligations to pay Rent to Landlord for a Rent Guarantee Period; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement:as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Landlord and Tenant hereby agree as follows: 1. Term AU references to the Term of the Agreement shall be amended to provide that the Agreement has a Term of 60 months ("Initial Term"), commencing on January 1, 2006. The Term will be automatically renewed for up to 5 additional 60 month terms the"Extension Term") without further action by Tenant for additional periods of 60 months. 2. Termination. After the Rent Guarantee Period, Tenant may terminate the Agreement at any time with 30 days prior written notice to Landlord; provided, that Tenant pays to Landlord an amount equal to 12 months of the then current Rent. 3. Modification of Rent. Commencing on January 1, 2006,the Rent payable under the Agreement shall be$1,000.00 monthly,and shall continue during the Terra,subject to adjustment as provided below. Notwithstanding the foregoing,nothing herein shall be deemed to modify the additional rent derived from any and all subleases under the provisions of paragraph 16 of the Agreement. Landlord Initial: � � Tenant!nit L ,.PL,.- _- (Page 2 of 5) • ■ 4. Modification of Tena.mt's Obligation to Pay - Rent Guarantee. Notwithstanding Tenant's obligations to pay Rent set forth under the Agreement, for a 72 month period commencing January 1, 2006 and ending December 31, 2011 ("Rent Guarantee Period"), Tenant hereby agrees that Tenant will be obligated to pay Rent due and such obligation will not be subject to offset or termination by Tenant. 5. Future Rent Ilmcreases, The Agreement is amended to provide that commencing on January 1, 2011,Rent shall be increased by 12.00%and every 5 years thereafter by 12.00%of the then current Rent. 6. Notices. Section 19 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: As to Tenant, New Cingular Wireless PCS, LLC, do Network Real Estate Administration, Cell Site # 10017258, Cell Site Name 410-013, 6100 Atlantic Boulevard, Norcross, Georgia 30071, with a copy to Cingular Wireless Attn.: Legal Department, Re: Cell Site# 10017258, Cell Site Name 410-013, 15 East Midland Avenue, Paramus, NJ 07652; and as to Landlord, P.O. Box 2749, Tybee Island, GA 31328. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 7. Aek nowled.gemant. Landlord acknowledges that: 1) this Amendment is entered into of the Landlord's free will and volition; 2) Landlord has read and understands this Amendment and the underlying Agreement and, prior to execution of the Amendment,was free to consult with counsel of its choosing regarding Landlord's decision to enter into this Amendment and to have counsel review the terms and conditions of the Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein,would remain in full force and effect. 8. Other Terms and Conditions Remain. The Lease is amended to incorporate all the provisions set forth on Schedule I attached hereto.In the event of any inconsistencies between the Agreement, and this First Amendment, and the provisions set forth on Schedule I,the terms of this First Amendment and Schedule I shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 9. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [NO MORE TEXT ON THIS PAGE- SIGNATURES TO FOLLOW ON NEXT PAGE] landlord Vniti�li�// �/ Tenant Initial: 440/ 0 (Page 3 of 5) IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the date and year below. LANDLORD: TENANT: The City of Tybee Island,Georgia New Cingular Wireless PCS,LLC,a Delaware limited liability company • By: ' �'� �' / By: • Name: 1/6AL.rEk_ LA P4 a%CER. Name: 8. R.CATES Title: M44DQ Title: EXEC. DIR. •NETWORK Tax Id Date -!a--OS WITNESSED BY: By: ClgU.. By: 'CrName: �/�iUE E5 Name: Title: (L' bC. Title: j� (Page 4 of 5) SCHEDULE I TO LEASE AMENDMENT Additional Lease Terms and Conditions The Agreement is amended to include the following terms and conditions: 1. Expansion of Permitted Use: Landlord hereby agrees, at the direction of Tenant, to allow the Tenant to modify, supplement, replace, upgrade, expand or refurbish the equipment related to the Communications Equipment, increase the number of antennas thereon or relocate the Communications Equipment and Tower within the Property at any time during the term of this Agreement, and Landlord shall cooperate with Tenant in all respects in connection with the foregoing. If Landlord does not comply with the terms of this section,Tenant may terminate this Agreement and shall have no further liability to Landlord. Landlord rn' /- tl Tenant Initial: r. • (page 5 of 5) I . �rT 1 Technology,Suite I-829 B A!D\ E ,\�L =0Q 7 Irvine,Califoinia 92618 BDW Y W Q R E L E S S Office:949-502-3800 Fax: 949-502-3899 Email:info@blackdotwircless.com www.blackdokocus.com December 06,2005 REQUEST FOR BUSINESS DECISION AMENDMENT OR RENEGOTIATION SITE &I le Number: 10017258 Address: 211 Butler Avenue En'te Name: 410-013 Tybee Island t agnom: Southeast GA,31328 T (9E OT DOCUMENT: LEASE AMENDMENT SUMMARY OF TERMS: AnmeQndrmemat Terms ) Amendment Economics Program Outcome Below Status Quo Overall Reduction/Savings 51.26% Current Base Rent $1,562.00 I %Reduction per Lock-Up 0.61% Current Rent FNQ Monthly Rent Reduction% , 35.98% New Base Rent $1,000.00 C Escalator Reduction% 52.00% New Rent Frequency Monthly 1'Yr.Gross Savings $6,744.00 Current Escalator Type Percentage 15 Yr.Gross Savings $212,905.97 Current Escalator Value 25.00% I NPV Savings—5 Yr $39.609.44 Current Escalator FNQ Term I NPV Savings—10 Yr $77.174.37 New Escalator Type Percentage I NPV Savings—15 Yr $111,948.51 New Escalator Value 12.00% I EV—Permitted Use Yes New Escalator FNQ Term I EV—Utilities No 35.98%RR;52%ER; I EV—Removal/Restoration No Reduction Note OxAB;12xTF;72xRG;60xIT;5- EV—24/7 Access No 60XRT Cinguler/AWS Er®ximity(ft):NA Cinguler/A.WS Proximity(mi):NA Month-To-Month Tenancy Rights: (a) Is there a month-to-month option? ®Yes ❑No • (b) Has Cingular/AWS legal reviewed month-to-month option in agreement? ®Yes D No (c) If No,why: SPECIAL CONDITIONS: • 1. No termination rights during lock-up period 2. 12 months termination fee of then current rent 3. Enhancements captured:Access,Expansion of Permitted Use,Zoning,Taxes,Removal/Restoration and Tenants Right to Cure. APPROVAL Cingular Services: Date. .2005 Real estate Manager: Randy Kilgore Date: ,2005 • NOTE: This form MUST accompany every document presented for signature.