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HomeMy Public PortalAbout4th amendment.pdfLESSEE Site Nance: Tybee Island LESSEE Contract #: 83835 FOURTH AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT THIS FOURTH AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT (this "Fourth Amendment") is made and entered into this — day of 20_, by and between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter collectively referred to as "LESSOR"), and VERIZON WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless f/k/a ALLTEL COMMUNICATIONS, LLC d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (hereinafter referred to as "LESSEE"). WITNESSETH: WHEREAS, LESSOR and Savannah MSA Cellular Partnership, as predecessor -in -interest to ALLTEL Communications, Inc., as predecessor -in -interest to ALLTEL Communications, LLC, as predecessor -in -interest to LESSEE, entered into a Water Tower Attachment Lease Agreement dated November 3, 1992, as amended by the First Addendum to Water Tower Attachment Lease Agreement dated November 10, 2000, as amended by the Second Amendment to Water Tower Attachment Lease Agreement dated June 1, 2011, as amended by the Third Amendment to Water Tower Attachment Lease Agreement dated February 13, 2015 (collectively referred to as the "Agreement"), 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, Georgia, together with certain utility and access easements, all as more particularly described therein; and WHEREAS, Lessor and Lessee desire to amend the terms of the Agreement. NOW THEREFORE, the Agreement is hereby amended as follows: 1. Section 4 of the Agreement is hereby amended by extending the term of the Agreement for five additional periods of five (5) years each (each additional period individually an "Additional Renewal Term"; collectively, the "Additional Extended Term"). 2. Effective at the commencement of the first Additional Renewal Term provided for in this Amendment, the Rent shall increase by Four Hundred Dollars ($400.00) per month. Throughout the Additional Extended Term, the Rent shall be adjusted annually effective on each anniversary of the first Additional Renewal Term, by an amount equal to three percent (3%) over the Rent for the immediately preceding year. This Rent adjustment shall supersede and replace any prior Rent adjustments; provided, however, that no adjustment will occur until the First Additional Renewal Tenn. 3. Section 5(c)(i)(ii)(iii) of the Agreement is hereby deleted in its entirety. 4. In the event of a conflict between this Fourth Amendment and the Agreement, the terms of this Fourth Amendment will control. 5. Except as specifcally amended in this Fourth Amendment, all other provisions of the Agreement will remain in full force and effect. [Signatures appear on next page] IN WITNESS 'WHEREOF, the parties hereto have set forth their hands and affixed their respective seals as of the day and year first above written. LESSOR: 41 pieR tsi `D � �as 7D 7 THE CITY OF TYBEE ISLAND, GEORGIA By: 1�1i'vl/ 'n55"; 1"4"."1 Name: 5h7(1 55;pas Title: A 4-I/ Date: 03/ I! 1126[ LESSEE: VERIZON WIRELESS OF THE EAST LP A Delaware limited partnership, d/b/a Verizon Wireless By: Cellco Partnership, its General Partner By: Name: Title: Date: 2 109309863