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Home My Public Portal About2-13-15 Third Amendment to Lease- VerizonTHIS THIRD AMEIIDMENT TO WATER TOWEB ATTACTTMENT LEASE AGREEMENT (this "Third Amendment") is made and entered into this /J day of ltb tkr.l ' 201r! by and between the cITr oF TYBEE ISLAND, GEORGIA (hereinafter collectively referred to as "LESSOR"), and ALLTEL C0MMITNICATIONS, t 1.6, u p"1u*r" limited liability company, dhlaYeizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AWl00, Basking fudge, New Jersey 07920, (hereinafter refened to as "LESSEE"). ItrITNf,SSETH: WIIEREAS, LESSOR and Savannah MSA Cellular PartneNhip, 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 "FiBt Addendum,), as amended by the Second Amendment to Watel Towel Attachment Lease Ageement dated June 1, 20i1 (the "second Amendmenf) (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, deorgia, together with certain utility and access easements, all as more particularly described therein; and WIIEREAS, LESSEE and LESSOR deske to modiff and amend certain terms and provisions of the Lease, all in accordance with the terms and conditions set forth below. NOW, TIIERETORE, for and in consideration of the premises and of Ten and No/100 Dollan (S10.00) and bther good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agTee as follows: I,ESSEE Site Name: Tybee Island LESSEE contact #: 83835 WATER ATTACIIMENT LEASE A GREEMENT l. Reallirmation of ka se. LESSOR here by reaftirms and acknowledges the terms of the 2. Communications Equ inment.Exhibit 'B-2' Listing of Equipment and Transmission Lease Frequencies to the Second Amendment is hereby deleted i Listing of Equipment and Transmission Frequencies attached n its entirety and replaced bY hereto. Exhibit "&.3" 3.Bgl.EffectiveasofSeptemberl,2014,theRentshallincreasebySixHurrdredDollars ($600.00) per month. 5.Miscellaneous.TheLease,asmodifiedbythisThirdAmendment,constitutestheentire understanding Uffi-m. pu.ti"s with respect to the tansaction contemplated herein, and a1l prior or contemporanious oral agreements, understandings, representations and statements, and all prior written agreemen*, unclerstandilgs, letteis of intent ancl proposals are merged into this Third Aoendmenl u-r""pt u. expr"ssly u-eiaeo ana modified hereby, the Lease remains in fulI force and effect and is hereby ratifiet ani confirmed by LESSOR and ifSSf,f. In construing this Third Amendmenq all headings and titles fie for the convenience of the parties only and shall not be considered a palt of this I THIRD AMENDMENT TO LESSEE Site Name: Tybee Island LESSEE Coatract #: 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 olthis Third Amendment shall be deemed independent and severable, and ttre 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, adminishators, 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. 2 lSignatwes Commence on Following Pagef LESSEE Sjte Name : Tybee Island LESSEE Contract #: 83835 IN WrTNESS WEEREOF, the parties, intending to be legally bound, have caused this Third Amendment to be executed under seal as ofthe day and year first written. Ao' na-Ja'P b loa"'^ Z-&u""-n*tn""' c,\ *-rtoo'"1 LOSSOR: TIIE CITY OF TI'BEE ISLAND, GEORGIA LESSEE: ALLTEL COMMUNICATIONS, LLC, A Delaware limited liability company, d/b/aY erizon Wireless Aparna Area Vice President Network 3 Activc 2?678873v1 235 I29.000404 Title: l'lAw.aDur.,ffi l .--- //\ Listing of Equipment and Transmission Fre4uencies LESSEE Site Narne: Tybec Island LESSEE Conaact #: 83835 A. Equipment on top of the Tower: (3) - ArR 32 B4A B2P 2-EDT (6) - ANTEr-/BXA-70080-6_2 (2) - ANTEr-/BXA- 7 0040 -6CF -2 ( l ) - ANTEL/BXA -7 0063 -6CF -2 (6) - AndreilE15S09P50 TMA's (3) - Westell BWC-TTMA-700C-VG TTMA's (l) - Raycap OVP/RxxDC-4750-PF48 (3) - Raycap OVP/RxxDC-1064-PF-48 (12) - 7/8" coax (l) - l-5/8" Hybrid Fiber Coax B. TransmissionFrequencies Chatham Chatham Chatham Chatham Chatham Chatham AWS B AWS F Cellular A Cellular B PCS B LTE700 c 2120-2130 2145-2155 869-880 880-890 1960-1965 1720-1730 1745-1755 424-835 835-845 1880-1885 890-891.5 891.5-894 845-846.5 846.5-849 746-757 776-787 2267887311 ffi ,lttruffi GA GA GA GA GA GA