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HomeMy Public PortalAbout3rd amendment cingular-04132018085343.pdfMarket: Georgia Cell Site Number: 410-013 Cell Site Name: Butler Avenue Water Tank Fixed Asset Number: 10017258 THIRD AMENDMENT TO WATER TOWER ATTACHMENT OPTION AND LEASE AGREEMENT THIS THIRD AMENDMENT TO WATER TOWER ATTACHMENT OPTION AND LEASE AGREEMENT ("Third Amendment"), dated as of the latter of the signature dates below, is by and between The City of Tybee Island, having a mailing address of P.O. Box 2749, Tybee Island, GA 31328 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware. limited liability company, as successor in interest to BellSouth Personal Communications, Inc., a Delaware corporation, d/b/a BellSouth Mobility DCS, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ("Tenant"). WHEREAS, Landlord and Tenant entered into a Water Tower Attachment Option and Lease Agreement dated October 10, 1997, as amended by a certain First Amendment to Water Tower Attachment Option and Lease Agreement dated December 12, 2005, as further amended by a certain Second Amendment to Water Tower Attachment Option and Lease Agreement dated May 27, 2014, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 111 Butler Avenue, Tybee Island, GA 31328 ("Agreement"); and WHEREAS, Landlord and Tenant desire to reflect that Tenant is authorized to add, modify, and replace certain equipment on the Leased Area as listed below and set forth in Schedule II -A, attached hereto and incorporated by reference; 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 are hereby acknowledged, Landlord and Tenant agree as follows: 1. Equipment. Schedule II shall be deleted in its entirety and replaced with Schedule II -A attached hereto and incorporated into the Agreement as if fully set out therein. 2. Rent. Effective upon the earlier of: (i) the start of construction, or (ii) June 1, 2018, the monthly rent will be increased by Seven Hundred and Forty -Five Dollars and Sixty Cents ($745.60) per month, with the new monthly rent continuing to be subject to all renewal term rent increases set forth in the Agreement. 3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Third Amendment, the terms of this Third Amendment shall control. Except as expressly set forth in this Third Amendment, the Agreement otherwise is unmodified and 12-2010 2010 Form Amendment remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Third Amendment. 4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 12-2010 2010 Form Amendment IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Third Amendment on the dates set forth below. "LANDLORD" Signed, sealed and delivered in the presence of:, Name: Uno Date: •0 At l Witne s �/3 tie me: Jac}AJE1— /V £.el,%rn otary Public My Commission Expires: /0� ,[NOTARIAL SEAL] "TENANT" The City of Tybee Island By- nn Name:" 1.1 'U"ctc-+^/k•i Title: Q&. Date: l it' Signed, sealed and . •livered New Cingular Wireless PCS, LLC, in the Vires o a Delaware limited liability company ^�-- By: Mobility Corporation Its: Manager By: Name: Michael Danbom Title: Area Manager of Construction and Engineering Date: it- 5 Name: Lorinda Warren-Wineburg Unofficial Witness Name: L Silo Thompson Notary Public My Commission Expires: -':s OTA/�y gin 2 / Q 12-2010 2010 Form Amendment SCHEDULE II -A (Page 1 of 3) Tower Equipment to be located at the 155' RAD. (3) Kathrein 80010764 panel antennas (6) Kathrein 80010865 panel antennas (3) Commscope SBJAH4-1D65C-DL panel antennas (3) Ericsson RRUS-11 (6) Ericsson RRUS-12 (3) Ericsson RRUS-A2 Modules (6) Ericsson RRUS-32 (3) Ericsson B14 4478 (3) Raycap DC6-48-60-18-8F (6) Raycap DC2-48-60-0-9E (12)1 5/8" Coax (6) 7/8" Power Cables (3) 3/8" Fiber Cables (1) 3/8" RET Cable 12-2010 2010 Form Amendment SCHEDULE II -A (Page 2 of 3) See attached exhibit comprised of 2 pages, dated 2-28-2018, prepared by Foresite Group. ,,.ra ..( an mnlwnva�E �.ui 5. nm TOWER ELEVATION PROVIDENCE TYl3EE BLIND 110-013 1/4---4 AT&T AT&T ah Mit IU7: AR TO,.E ELEV.'no• 12-2010 2010 Form Amendment SCHEDULE II -A (Page 3 of 3) See attached exhibit comprised of 2 pages, dated 2-28-2018, prepared by Foresite Group. Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 12-2010 2010 Form Amendment • _ .- _m ' EEiT 74 ElinE ©�\ V 1 i FORESITE uv ..•.. c.—.na t Ern. [ [, iu Fin .n r.1 EmEi iT TA• �min El .' PR OVIOEHCE - k T i r 1' FEASTING ANTENNA CONFIGURATION DETAIL EOR gay G MANY o aOSI' NOTm.e� mEn2 ma warp. Ks am oar exec mos no "`E" nearer z wens mem mime. uR14 tlC®a� nE : comma mem mann mom mosnons op wort want commas m mum ?I MO MIMI KM wart omens ammo in ones ma mem « E E `E: ® 'm'E"'rmmari Otiti e 111 Emle m 1 _ ® �y,.A� e lc -1 , - iE © •.. i EIT At E n - EiT E Ei i `®ru Ent! T1BEE ISLAND 110-013 ,11 ET u�mi — iTUE• �- SAT&T E,i>, ¢ 1 En ®i 1 MEM EMI +/pEmom, En, mE Ens loam lMl EiE m _ fin AEON; _f'ENT IOGN E PROPOSED 1 'aT ANTENNA CONFIGURATION DETAIL Nerrotrexm Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 12-2010 2010 Form Amendment