HomeMy Public PortalAbout100_050_powers - verizon - tybee island - Third Amendment to Water Tower Attachment Lease Agreement (V1_8.7.2014) LESSEE Site Name: Tybee Island
LESSEE Contract#:83835
THIRD AMENDMENT TO
WATER TOWER ATTACHMENT LEASE AGREEMENT
THIS THIRD AMENDMENT TO WATER TOWER ATTACHMENT LEASE
AGREEMENT (this "Third Amendment")is made and entered into this day of ,20_,by and
between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter collectively referred to as "LESSOR"),
and ALLTEL COMMUNICATIONS,LLC,a Delaware limited liability company,d/b/a Verizon Wireless,
with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey
07920, (hereinafter referred to as "LESSEE").
WITNESSETH:
WHEREAS, LESSOR and Savannah MSA Cellular Partnership, as predecessor-in-interest to
ALLTEL Communications, Inc., as predecessor-in-interest to LESSEE, entered into a Water Tower
Attachment Lease Agreement dated November 3, 1992 (the "Original Lease"), as amended by the First
Addendum to Water Tower Attachment Lease Agreement dated November 10, 2000 (the "First
Addendum"), as amended by the Second Amendment to Water Tower Attachment Lease Agreement dated
June 11, 2011 (the "Second Amendment") (the "Original Lease", "First Addendum", and "Second
Amendment" are collectively referred to as the "Lease"), with respect to certain portion of the Property and
space on the Tower located at latitude 31° 01' 19" and longitude 80° 50 59" in the City of Tybee Island,
Georgia,together with certain utility and access easements,all as more particularly described therein;and
WHEREAS,LESSEE and LESSOR desire to modify and amend certain terms and provisions of the
Lease,all in accordance with the terms and conditions set forth below.
NOW, THEREFORE, for and in consideration of the premises and of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties do hereby agree as follows:
1. Reaffirmation of Lease. LESSOR hereby reaffirms and acknowledges the terms of the
Lease.
2. Communications Equipment.
(a) The first sentence of Paragraph 2(B)(1)of the Original Lease is hereby deleted in its entirety.
(b) Exhibit"B-2" Listing of Equipment and Transmission Frequencies to the Second
Amendment is hereby deleted in its entirety and replaced by Exhibit "B-3" Listing of Equipment and
Transmission Frequencies attached hereto.
3. Term. Paragraph 4 of the Lease is hereby deleted in its entirety and replaced by the
following:
"Term. The term of this Lease shall be five (5) years, commencing upon the 15t day of August,
1992 ("Commencement Date") and terminating at midnight on the 31St of July, 1997 ("Initial Term").
LESSEE shall have the right, but not the obligation, to extend this Lease for five (5) additional five (5)
years terms plus one (1) additional two (2) year term ("Renewal Terms"). Each Renewal Term shall be
on the same terms and conditions as set forth in this Lease. This Lease shall automatically be renewed for
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LESSEE Site Name: Tybee Island
LESSEE Contract#:83835
each successive Renewal Term unless LESSEE notifies LESSOR of LESSEE'S intention not to renew
the Lease at least thirty(30) days prior to the expiration of the Initial Term or the Renewal Term which is
then in effect."
4. Rent. Effective as of , the Rent shall increase by Six Hundred Dollars
($600.00)per month.
5. Miscellaneous. The Lease, as modified by this Third Amendment, constitutes the entire
understanding between the parties with respect to the transaction contemplated herein, and all prior or
contemporaneous oral agreements, understandings, representations and statements, and all prior written
agreements, understandings, letters of intent and proposals are merged into this Third Amendment.
Except as expressly amended and modified hereby, the Lease remains in full force and effect and is
hereby ratified and confirmed by LESSOR and LESSEE. In construing this Third Amendment, all
headings and titles are for the convenience of the parties only and shall not be considered a part of this
Third Amendment. This Third Amendment shall not be construed as if prepared by one of the parties,but
rather according to its fair meaning as a whole, as if both parties had prepared it. The provisions of this
Third Amendment shall be deemed independent and severable, and the invalidity or partial invalidity or
enforceability of any one provision shall not affect the validity of enforceability of any other provision
hereof. The terms and provisions hereof shall be binding upon and inure to the benefit of LESSOR and
LESSEE, and upon the heirs, executors, representatives, administrators, successors and assigns of LESSOR
and LESSEE. This Third Amendment shall be governed by and construed in accordance with the laws of the
State of Georgia. This Third Amendment may be executed in multiple counterparts, each of which shall
be deemed an original, and all of which shall constitute one and the same agreement.
[Signatures Commence on Following Page]
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LESSEE Site Name: Tybee Island
LESSEE Contract#:83835
IN WITNESS WHEREOF,the parties,intending to be legally bound,have caused this Third
Amendment to be executed under seal as of the day and year first written.
LESSOR:
THE CITY OF TYBEE ISLAND,GEORGIA
By:
Name:
Title:
Date:
LESSEE:
ALLTEL COMMUNICATIONS,LLC,
A Delaware limited liability company,
d/b/a Verizon Wireless
By:
Aparna Khurjekar
Area Vice President Network
Date:
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LESSEE Site Name: Tybee Island
LESSEE Contract#:83835
Exhibit "B-3"
Listing of Equipment and Transmission Frequencies
A. Equipment on top of the Tower:
(6)BXA-70080-6CF-2
(3)Air 32 B4A B2P 2-EDT
(2)BXA-70040-6CF-2
(1)BXA-70063-6CF-2
(6)Andrew E15S09P50 TMAs
(3)RayCap OVP/RxxDC-1064-PF-48
(1)RayCap OVP/RxxDC-4750-PF-48
(3)Westell BWC-TTMA-700C-VG
(13) 1 5/8"Coax lines
(6) 7/8"coax lines
B. Transmission Frequencies
1. TX: 880.02-893.97 MHz
2. RX: 83 5.02-848.97 MHz
Active 22678873v1 235129.000404
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