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HomeMy Public PortalAbout8-24-06 First Amendment to Lease- American TowersTHIS FIRST AMENDMENT TO GROUND LEASE AGRXEMENT (..Ftst Amendment,,) is entered into on the aY day of Q.-tf" si .2006, by and between The City ofTybee Island, a municipal corporation of the State of Gedrgia (hereinafter referred to as "Lessot') and Tower Asset Sub, FIRST AMENIDMENT TO GROUND LEASE AGREEMENT LLC, a Delaware limited liability company (hereinafter referred to as .,Lessee') WITNESSETH: WEEREAS, Lessor and Nextel South Corp., a Georgia corporation, predecessor in interest to Lessee executed and entered into ttrat certain Ground Lease Agreement tlated December 11, i997, (the "Lease"), for &e purpose of installing, operatiog aDd maintaining a corffnunications faciJity and other improvements on the Site (as described in Exhibit A attached hereto and incorporated by reference herein); and WIIEREAS, Lessor and Lessee desire to amend certain provisions in the Lease; Lessor hereby leases to Lessee a:: additional Five Hundred Fifty-Five (555) square feet contiguous to the leased area as described in Exhjbit B attached hereto and incorporated by reference herein. Lessee shall continue to pay as obligated under the Lease pursuant to Paragmph 6. 2. Lessee shall pay Lessor additional consideration for the ground space comprised of 555 square feet in the amount of Four Hundred and Two aad NolDollars (S402.00) per month commencing on the date a notice to proceed is issued to a tenant of Lessee to install withjn the additional ground space. This additional consideration shall also increase as set forth pursuant to the terms of the Lease. 3. Paragcaph22 is hereby deleted and replaced with the following: "NStiSg!. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, signed receipt requested, or by First Class United States mail, certified, retum receipt requested, addressed as follows: Lessor:The City ofTybee Island, Georgia 403 Butler Avenue P.O. Box 27 49 Tybee Island, GA 31328-2749 Lessee:American Tower 10 Presidential Way Wobum, MA 01801 Attn: Land Management With a copy to: American Tower Filst Amendment to Cround Lease Agreement Tybee lsland GA, Site # 303430 NOW, TEEPJFORE, in consideration of the mutual covenants and promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the pa-rlies, Lessor and Lessee hereby agree and contract as follows: ll6HuntingtonAvenue Boston, MA 02116 Ath: Legal Department 4. The foliowing is inserted as Paragraph 25: "Elgggg Lessor grants to Lessee the right to install aod maintain during the Term of this Lease identifuing signs or other tlpes of signs required by any goverffnental authority on or along any access road to the Site, including, if necessary, signs visible from the nearest public skeet, at locations where an access road diverges, or if an obskuction obscures visibility ofthe Site and lmprovements. Lessee agrees to mioimize the size of such sips as reasonably required for readability and compliance with regulations or directives of any governmental authodty. Lessee hereby agrees to abide by local siping ordinances to the extent applicable." 5. Lessor represents and warants that as of the date of this execution, there are no uncured defaults under the terms ofthe Lease and that the Lease is in fu1l force and effect. 6. All other terms of t}te Lease except as may be amended herein, or as may be in con{lict with the provisions of this First Amendment, shall be deemed incorporated into this First Amendment. 7. Except as amended herein, all terms, conditions, provisions, covenants and agreements contained in the Lease are hereby ratified and confirmed in their entirety. The terms used herein and not otherwise defiaed in this First Amendment shall have the same meaning as set forth in the Lease- [SIGNATURXS NEXT PAGE] Ftst Amendment to Ground Lease Agreement The parties may substitute recipient's names and addresses by grving at least thity (30) days notice. Rejection or refusal to accept delivery of any nofice, or the imbility to deiiver a::y notice because of a changed address of which no notice was given, shall be deemed to be receipt of any such notice." Tybee Island GA, Site # 303430 I IN WITNESS WIIEREOF, the parties hereto have set their hands and. seals on rhe day first above written. LESSOR: WITNESSES: The City ofTybee Island, a Municipal corporation of the State of Georgia Name: /Y-of^ Approved as to form Edward M.Esq. City Attomey LESSEE: Tower Asset Sub, LLC a Delaware limited liability company . Hirsch , Land Management Print N ?*.t-Lt+ -7a ECA,t/ Print Name:L:\,?. t, t'2->-,b1 ameN { First Amendment to Ground Lease Agreement Tybee Island GA, Site # 303430