HomeMy Public PortalAbout3rd amendment-05252017091428.pdfLESSEE Site Name: Tybee Island
LESSEE Contract #: 83835
THIRD AMENDMENT TO
WATER TOWER ATTACHMENT LEASE AGREEMENT
THIS THIRD AMENDMENT TO WATER TOWE ATTACHMENT LEASE
AGREEMENT (this "Third Amendment") is made and entered into this �� day of trig fkd y , 20/5 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 1, 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
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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 govemed 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.
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Active 22678873v1 235129.000404
LESSOR:
llil. CITY OF TYBEE
ISLAND, GEORGIA
Byy: ate— pec —
N - OZ ,, qi.i c' r.c..q-.
Title: M'�y
Date: Bit' I y
LESSEE:
ALLTEL COMMUNICATIONS, LLC,
A Delaware limited liability company,
d/b/a Verizon Wireless
By:
Aparna Khurjekar
Area Vice President Network
Date: 07/1/318
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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:
(3) - AIR 32 B4A B2P 2 -EDT
(6) - ANTELBXA-70080-6_2
(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
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
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