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HomeMy Public PortalAbout4-11-18 Third Amendment to Lease- AT&TMa*eti Georgia Cell Sitc Numb€r: 41G013 Cell Sile Namc: Butler Avcouo watEr Terk Fired Assct Numb€r: 10O17258 T}IISmIRDAMENDMENTToWATERTowERATTACIIMENToPTIoNAND 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_27 49, Tybee' Island, GA 31328 ("Landlord") and New cingular wireless PCS, LLC' a Delaware limited liability company, as zuccessor in interest to BellSouth Personal communications' lnc., a Delaware corporatio;, d/b/a Bellsouth Mobility DCS, having a mailing address of 575 Morosgo Drive, Atlanta GA 30324 ("Tenanf')' WHEREAS, Landlord and Tenant entered into a water Tower Attachment option and Lease Agreement dated October fi, 1997, as amended by a certain First Amendment to Water io*", ..r:ttu"h*"nt option and 6ase Agreement dated December 12,2005, as further amended by a certain second Amendment to water Tower Auachment option and Lease Agrremenl dated };ay 27 ,201a, whereby Landlord leased to Tenant certain Premises, therein described, that are a p".iion or ge'rroperty located at 111 Butler Avenue, Tybee Island, GA 31328 ("Agreement"); and WHEREAS, Landlord and Tenant desire to reflect that Tenant is authorized to add, modifu, and replace certain equipment on the Leased Area as listed below and set forth in Sched'ule ll-A,ittached hereto and incorporated by reference; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordinglY. NOWTHEREFORE,inconsiderationoflheforegoingandothergoodandvaluable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Equipment. Schedule It shall be dcleted in its entirety and replaced with Schedule lI-A attachid hereto and incorporated into the Agreement as iffully set out therein. 2. Rent. Effective upon the earlier of: (D the stan of conskuction' or (ii) June l, 2018, the monthly rent witl be increased by Seven Hundred and Forty-Five Dollars -i Si*ty bents ($74s.60) per month, with the new monlhly rent continuhg to be subject to all renewal term rent increases set fo(h in the Agreement' 3. Other Terms and Conditions Remain, In the event of any inconsistencies between the Ageement and this Third Amendment, the terms of this Third Amendment sha.ll control. Except dexpressly set forth in this Thtd Amendment, the Agreement otherwise is unmodified and l2-2010 2010 Form Amendmcnl I'HIRDAMENDMENTToWATERToWERATTACHMENToPTI0NANDLEASE AGREEMENT remai6 in fulI 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 Agreemenl. t2-20t0 2010 Form Ameodment Public TNOTARIAI, SEAT,] ..TENANT" in the New Cingular Wireless PCS, LLC, a I)elaware limited liability company By: AT&T Mobility Corporation IN WITNESS WHEREOF, the parties have causcd their properly authorized representatives to execute and seal this Third Amendment on the dates set forth below. .LANDLORD" Signed, scaled and delivered The City of Tybee Island in the of: Name:Name: U Tirle: Date:Date; ,l %,t-tt=^-(Jr e/1". Signed, sealed and livered Its: Manager By: Name:lorinda Wanen-Wineburg Name: Michael Danbom Unofficial Witness Title: Area Date : struction and Engineering Name: Notarv Public My commission Exp n"rt I -lb' Z( tl I I lrrr, NI1 12-2010 2010 Form Amcndmenr s RY g'3 tigLro ,tt,tt - My Commission Expires: SCIIEDULE II-A (Page I of 3) Tower Ilquipment to be located at the 155' RAD. (3) Kathrein 80010764 panel antennas (6) Kethrein 80010865 panel antenras (3) Commscope SBJAH4-1D65C-DL panel antcnnas (3) Ericsson RRUS-11 (6) Ericsson RRUS-I2 (3) Ericsson RRUS-A2 Modules (Q Ericsson RRU932 (3) Ericsson Bl4 4478 (3) Raycap DC648-60-lE-EF' (6) Raycap DC2{8-60-0-9E (12) I 5i8" Coax (6) 7/E" Power Cables (3) 3/8" Fiber Cables (1) 3i8' RET Cable 12-20t0 2010 Form Amendnleltt SCIIf,DUI,E II-A (Page 2 of 3) see attached cxhibit comprised of2 pages, da ted 2-28-2018, prepared by Foresite Group. FORISITE TYBES SI,JD I l0-0I:) rE_- :-l,-E-*--I.= tz-2010 2010 Fo.m Amendm.n! !:xIF*"fi.?.\r,F-ffi' -';Bx L#&e'i':v4*5{.e!- g#*Eg$ftffii# - s5 rr4 d trlal-,t-q *.r1l!ri4ij-,.i-+ .q-r+ # =--+--++t* t '1a:!caEiE:+-* parar r1l SCHEDULE II-A (Page 3 of 3) see attached exhibit comprised of2 pages, dated 2-28-2018, prepared by Fore'site Group. Nol€r: I. THIS EXHtsIT MAY BE REPLACDD T]Y A I.AND SURVEY AND/OR CONSTRUCTION DRAWINGS OF TIIE PREMISES ONCE RECEIVED BY TENANT. Z. alri SfrMcX Or THE PREMISES pROM TgE PROPERTY'S BOIJNDAR1ES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES' 3. \l/'lDTH Or ACCESS nOeD SHar_L SiTitE WIDTH REQUIRED By rHE AppLtcABLE OOVERNMSNTAL AU'r oRlrlEs' INCLUDTNC POLTCE AND FIRE DEPARTMENTS. I, rnr IYPS, NUI.,ISER AND MOUNTINE POSNONS AIN LOCENONS OF ANTSNNAS AND TRANSMISSION LINES ARE iir-Usrpjrrve ONr-y. AC-rUAL TYPiS, NUMBERS AND MolrNTINc PosITIoNs MAY VARY FRoM wtlAT ls sHOwN ABOVE. 12-2010 20,0 Form Amendm€al I l IEIIiI|IC AXEXIIA COTFEURATOX OE,I! TITEB I;LI\D t10-0ll 9*, -r6------7i FORTSITI PB" g ,"*. i<t..- -.i,; €/.* u. I nr / ! _i_jiJv o t '.1 Ja f I I IpRomgE! AlrltNr{a colllctiil]ro{ palall 9. o;i :'e ..ElEl \ I ll lk !-\, r - -l ,46dx!rr'wxx \ry : ,<'