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HomeMy Public PortalAbout9-5-16 Fourth Amendment to Ground Lease Agreement- American TowersTHE K)URTH AMENDMENT TO 6ROUND TEASE AGREEMENT 1. Leased P remtses.The parties agree and acknowledge that the Leased premises is depicted in Exhibit A attached hereto. The depiction of the Leased Premises contained in Exhibit A replaces and supersedes any depictions of the Leased Premises previously included in the Lease which are hereby null and of no further force and effect. 2. l-andlord and T Acknowledsments Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. The parties hereby agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or approval from Landlord for any of Tenant's activities at and uses of the Leased Premises and any other portions of the Parent Parcel prior to the Effective Date, Landlord's execution of this Amendment is and shall be considered consent to and approval of all such activities and uses. Landlord hereby acknowledges and agrees that Tenant shall not need consent and/or approval from Landlord for any future activities at or uses of the Leased Premises, including, without limitation, subleasing and licensing to additional customers, installing, modifyin& repairing, or replacing improvements within the l-eased Premises, and/or assigning all or any portion of Tenant's interest in this Lease, as modified by this Amendment. Tenant and Tenanfs sublessees and customers shall have vehicular (specifically including truck) and p€destrian access to the Leased Premises from a public ritht of way on a 24 hours per day, 7 days per week basis, together with utilities services to the Leased Premises from a public right of way. Upon request by Tenant, Landlord hereby agrees promptly to execute and deliver building permits, zoning applications and other forms and documents required for the use of the Leased Premises by Tenant and/or Tenant's customers, licensees, and subleases. Landlord hereby acknowledges and agrees that Tenant shall have the right, exercisable by Tenant at any time during the term of the Lease, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon an as-built survey. Upon Tenant's request, Landlord shall execute and deliver any documents reasonably necessary to effectuate the foregoing description replacements, including without limitation, amendments to the Lease and the Memorandum. The Site No: 303430 Site Name: Tybee lsland This Fourth Amendment to Ground Lease Agreement (this "Amendmeni'l is made effective as of the latter signature date hereof (the "ETeAirr€ Oote") by and between The Oty of Tybee lsland, a municipal corporation of the state of GeoGia ("Londlotl and sFarasite communications, LLc, a Delaware limited company l"Tenanf' ) (Landlord and Tenant being collectively referred to herein as the ,,pdrti6,,). REC'TALS WHEREAS, Landlord owns the real property described on Exhibit A atiached hereto and by this reference made a part hereof (the "Porent Parcef'l; and wHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Ground Lease Agreement dated December 11, 1997 (as the same may have begn amended, collectively, the "l.eose"), pursuant to which theTenantleases a portion ofthe parent parcel andisthe beneficiary of certain easements for access and public utilities and, if applicable, easements for guy wires and guy anchors, allas more particularly described in the Lease (such leasehold and easement rights and interests, collectively, the "Leosed Premiset ), which Leased premises are also described on Exhibit A ; and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease and to otherwise modify the Lease as expressly provided herein. Now THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 3 4. terms, provisions, and conditions of this s€ction shall survive the execution and delive ry of this Amendment. tandlord statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent applicable, Landlord is duly organized, validly existing, and in good standing in the jurisdiction in which [andlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Landlord has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (iii) no consent, authorization, order, or approval of, or filing or registration with, any govemmental authority or other person or entity is required for the execution and delivery by Landlord of this Amendment, other than the required approval by the Mayor and council of the city of rybee lsland to enter into this Amendment; (iv) Landlord is the sole owner of the Leased Premises and all other portions of the parent Parcel; (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit. and/or impair Tenant's rights under the Lease, as amended and modified by this Amendmenu and (vi) the square footage of the Leased Premises is the greater of Tenanfs existing improvements on the Parent Parcel or the la nd area conveyed to Tenant under the Lease. The representations and warranties of Landlord made in this section shall survive the execution and delivery of this Amendment. countemarts. This Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. Furthermore, the Parties may execute and deliver this Amendment by electronic means such as.pdf or similar format. Each ofthe parties agrees that the delivery ofthe Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature. Gol€rnins [aw. Notwithstanding anything to the contrary contained in the Lease and in this Amendment, the Lease and this Amendment shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is satuated, without regard to the conflicts of laws provisions of such State or Commonwealth. ISIGNATURES FOLLOW ON NETT PAGE] Site No: 303430 Site Name: Tybee Island 5 [ANDI.ORD: Th€ City of Tybee lsland, a municipal corporation of the State of Geortia Signature Print Na me:Alc Title: Date:a1 [SIGNATURES CONIINUE ON NEXT PAGE] APPT ed to form: Edward Hughes City Attorney Site No: 303430 Site Name: Tybee lsland TENANT: Spectrasite a Delaware limited Signature: Print Name: ttc, Title: Date: r. Tower n b It) Site No: 303430 Site Name: Tybee lsland EXHIBlT A This Exhibit A moy be repldced at Tenont's option os described below PARENT PARCEI- fendnt sholl hove the right to reploce this description with o description obtoined from Londlord's deed (or deeds) thot include the lond oreo encompossed by the Leose ond Tenant's improvements thereon The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premases is a part thereof. LEASED PREMISES Tenont sholl hove the right to reploce this description with o description obtoined from the Leose or hom d description obtoined from an as-built suNey conducted by Tenont. Al thot ccrtoin lot, troct or porcll ot lohd lltuqt . ting a1d of Tybcc l3hnd, Chothom Cotlnty, Ccorgio, behg o porl'rqfl of morr pc.tlculorly dacribod os folbrc: Commencing ot q poht Et the interecctiqn qf the *dcm Rklht-of-woy [rc of Vqr Hom Str.ct qod thc Northcm Right-ol-ltoy lhc ol lst A,rcnLE; thcncc olong thc northrrltcrly Right-of-Woy linc ot Forl Aveliuc S 58 DEGREES 27 talisrTEs 05 SECONDS W A oistoncr Ot 29O.5O FGat to o point; fhcrrce N 29 DEGRIES aO MINUIIS 4J SECO 0S f A Distsnc" Of 1!0-51 Fcst to o polnt; Jhrnc. N 2J o€GREES 52 MINUTES 3l SECOil06 W A Diit6nc. O, 78.66 FrGt to o point: fh.nc. N 02 OECREES 4a talNUlES 56 SECONDS Ir A DistqFce O{ 60-02 F.ct to o point; Ihcncr N 10 D€GREES ,1f, YI}{LITES ,t2 SECONoS E A Diitorlco Of 57.84 Fect to o point: Thcrcc N 36 DEGREES 07 UINUTES 0O SECONoS W A Distohce Of 53.7O Fact to o p<iht ond bGing thG Poiht of B.gihnihgi Thcncc S 55 oEGREES 1,1 MINUIES 57 SECONDS W A Dirtqncc Ot 4,t.61 Fqrt to o point; Ihcnc. N JG D€GREES 15 IIINUTES lJ SECONDS W A Dirtonc! Ol 28.59 Fcct to o point lhincc N 5J OEGREES lJ UINUTE l8 SECOT{DS E A Distoncc Of 15.J7 F.3t to o pdnt; lhrncc N 54 oECREES 45 MINITIES 0J SECON6 w A Dirtrncr Of 2,1,75 Fc"t !o o poht ThGncc N 55 oEGRIES 1a MNUIES 57 SECO'{oS E A Dirtoncr Of 4O.OO Fcct to o poht: Thcflc! S 34 o€GREES it5 MINUTES OJ SECONoS E A Ultonc. Of 53.87 F.it t o Xint; TlEnce S 55 D€GRIES 14 IdNUTES 57 SECONDS l{ A hqnc. Ol 10.00 Fcct to o point; \lhkh ls Th€ Pdr Ot Blgi1ning. b!in9 Elock in th. 5th G X. O€trict ih th. City,12, Fort Scrsvcn Ylqd ond bchg ACCESS AND UN[lTIES The Access and Utilities Easements include all easements of record as well as existing access and utilities currently servicing the Leased Premises to and from a public right of way. All thot qcrtoin lql, trqct or porccl ot lond sltuotc, lylng ond bcl'ng in thc Sth G.M. OirEkt h th!Cityol TrSoc l.land, Chothotn Cou more p*ticulorlv describcd os rty, Gcorgio, lollor:; bc;Dg o portir.r of Block r+2, Fon ScrGvGi W6rd ond bCing Commchcing ot o point ot thc int.brctioh ot thc Wcstcrn Right-of-Uoy lini of Von Horn Strcct ond thc itorth€rn Right-of-Wqy lin€ of fort AvFue; thcnc€ qlmg thr northrectcdy Rlght-of-*oy line ot Fort Aycnu€ S 58 DEGREES 27 HINUTES 05 SECOT{DS lY A Disloncc Of 290.50 Fcat to o po'ril o*d being the Point ot Ecginnlng o, thc c?ntrrlinc od q 20' lnqrca!,/Eqlrs Eorcm.rt; Thcnca N 29 oEGREES 40 Uli,lUTES +3 SECOISS W A O'atqicc Of I lo.5'l F..t to a poht Thcncc N 23 DEGRES 52 MIIUTES J: SECONDS w A Distoncc Of 78.66 Flrt to o point; lhrrrcc N 02 DEGRTIS ,iA UINUIES 56 SECONDS W A oi3toncc Ol 60-02 FGct to o point: Ihcncc N l0 IEGREES 4J YINUTES a2 SECOI,IDS E A D'EtClcc Of 57.8/a Fclt to o pdnt Th.ncc N 36 DEGREES 07 MNUTES 0O SECONoS Yi A DistoncG Of 55.70 Fcct to o point ond bchg thc crd of .oid 20' ],nq,,.t /eqrct! Eoscm€nt. Site No: 303430 Site Name: Tybee lsland