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