HomeMy Public PortalAbout5-27-14 Second Amendment- AT&TMarket:
Cell Site Number:
Cell Site Name:
Fixed Asset Number:
Georgia
410-013
Butler Avenue Water Tank
10017258
SECOND AMENDMENT TO WATER TOWER ATTACHMENT
OPTION AND LEASE AGREEMENT
THIS SECOND AMENDMENT TO WATER TOWER ATTACHMENT OPTION AND
LEASE AGREEMENT ("Second Amendment"), dated as of the latter of the signature dates
below, is by and between The City of Tybee Island, Georgia, having a mailing address of P. 0.
Box 2749, Tybee Island, GA 31328 ("Landlord") and New Cingular Wireless PCS, LLC, a
Delaware limited liability company, having a mailing address of Suite 13-F West Tower, 575
Morosgo Drive, Atlanta, GA 30324 ("Tenant").
WHEREAS, Landlord and Tenant entered into a Water Tower Attachment Option and
Lease Agreement dated October 10, 1997 and as amended by that certain First Amendment dated
December 12, 2005, whereby Landlord leased to Tenant certain Premises, therein described, that
are a portion of the Property located at 211 Butler Avenue, Tybee Island, GA 31328
("Agreement"); and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement
as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
agree as follows:
1. USE. B. (1) shall be deleted in its entirety and replaced with the following: (1) Up to (12) twelve
antennas with the antennae at a permanent location in the Tower Space as outlined in Schedule II
attached hereto subject, however, to the engineering certification of capacity and functionality. The
exact location of antennas between the aforesaid levels shall be supplied to Landlord in the form
of proposed construction drawings and specifications prior to installation or construction; no
alteration thereafter shall be made without prior written approval and acceptance by Landlord;
however, such approval not to be unreasonable withheld. A complete set of as-built drawings will
be furnished to the Landlord following construction.
2. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the
following:
NOTICES. All notices, requests, demands and communications hereunder will be given by first
class certified or registered mail, return receipt requested, or by a nationally recognized overnight
courier, postage prepaid, to be effective when properly sent and received, refused or returned
undelivered. Notices will be addressed to the parties as follows.
1 12-2010
201OForm Amendment
If to Tenant: New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation,
Attn: Network Real Estate Administration
Re: Cell Site #: 410-013, Cell Site Name: Butler Avenue Water Tank
FA No: 10017258
Suite 13-F West Tower
575 Morosgo Drive
Atlanta, GA 30324
With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal
Department: New Cingular Wireless PCS, LLC
Attn: Legal Department-Network
Re: Cell Site #: 410-013, Cell Site Name: Butler Avenue Water Tank
FA No: 10017258
208 S. Akard Street
Dallas, TX 75020
A copy sent to the Legal Department is an administrative step which alone does not constitute legal
notice.
If to Landlord: City Manager
City of Tybee Island
P. O. Box 2749
Tybee Island, Georgia 31328
Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written
notice to the other as provided herein.
3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement
and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly
set forth in this Second Amendment, the Agreement otherwise is unmodified and remains in full force
and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second
Amendment.
4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings
as defined in the Agreement.
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute and seal this Second Amendment on the dates set forth below.
EDWARD M HUGHES
CITY ATTORNEY
"LAN
Name:JASON BUELTERMAN
Title:MAYOR,CITY OF TYBEE ISLAND
Date:MAY 29,2014
"TENANT"
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation
Its:
Name:.. Patrick 3r***'M>..
Title Area Mgr. Const. &
Date:m J-&C*
3 12-2010
3) I Oftstm Amendmat
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
Oo bJ? j
COUNTY OF
I CERTIFY that on /7)Ay JL f 2014 J Iv
came before me and acknowledged under oath that he or she: is the ________of the
corporation named in the attached instrument, was authorized to execute this instrument on behalf of
the corporation and executed the instrument as the act of the corporation. *
NOTARY PUBLIC
MY COMMISSION EXP.:lo/tL/li,
JANET k. lEVINEk
Motary Public Chethsm County Or-
4 12-2010
2010 Form Amendment
SCHEDULE II
Antennas and Equipment
Existing Equipment:
(3) Kathrein 742236 Antennas (3)
Kathrein 800 10764 Antennas
(12) Andrew El 5S0956 TMAs (3)
RRUS-11 Units
(1) DC6-48-60-18-8F Surge Suppressor
(12) 1-5/8" coax
(1)3/8" RET cable
(1) 3/8" fiber trunk
(2) 7/8" DC Power trunks
Proposed Equipment:
(6) Kathrein 800 10764 antennas
(6) Kathrein 800-10865 antennas (3 for LTE and 3 for future WCS)
(12) Andrew El 5S0956 TMAs
(3) RRUS-11 Units
(3) RRUS-12 Units
(3) RRUS-A2 Modules
(3) RRUS-32-B30 (for future WCS)
(2) DC6-48-60-18-8F Surge Suppressor
(12) 1-5/8" coax
(1) 3/8" RET cable
(2) 3/8" fiber trunk
(4) 7/8" DC Power trunks
Notes*
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE
received by tenant.
2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY'S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE
APPLICABLE GOVERNMENTAL AUTHORITIES.
3 WIDTH OF ACCESS ROAD SHALL, BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES.
INCLUDING POLICE AND FIRE DEPARTMENTS.
4. THE TYPE. NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE
ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN
ABOVE.
12-2010
2010 Form Amendment