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HomeMy Public PortalAbout140_028_Tybee Island_Third Amendment to Water Tower Attachment Agreement 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. 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. Rent. Effective as of September 1, 2014, 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 1 LESSEE Site Name: Tybee Island LESSEE Contract#:83835 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] 2 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: 3 LESSEE Site Name: Tybee Island LESSEE Contract#:83835 Exhibit "B-3" Listing of Equipment and Transmission Frequencies A. Equipment on top of the Tower: (3) -AIR 32 B4A B2P 2-EDT (6) -ANTEL/BXA-70080-62 (2) -ANTEL/BXA-70040-6CF-2 (1) -ANTEL/BXA-70063-6CF-2 (6) -Andrew/E15S09P50 TMA's (3) -Westell BWC-TTMA-700C-VG TTMA's (1) -Raycap OVP/RxxDC-4750-PF-48 (3) -Raycap OVP/RxxDC-1064-PF-48 (12)—7/8" coax (1)— 1-5/8"Hybrid Fiber Coax B. Transmission Frequencies FCC Radio FCC County County Service Channel Frequencies Frequencies Frequencies Frequencies State Name Code Block (1)Tx (1) Rx (2)Tx (2) Rx GA Chatham AWS B 2120-2130 1720-1730 GA Chatham AWS F 2145-2155 1745-1755 GA Chatham Cellular A 869-880 824-835 890-891.5 845-846.5 GA Chatham Cellular B 880-890 835-845 891.5-894 846.5-849 GA Chatham PCS B 1960-1965 1880-1885 LTE GA Chatham 700 C 746-757 776-787 22678873v1