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HomeMy Public PortalAboutMemorandum of Fourth Amendment to Water Tower Attachment Lease Agreement 20210311Site Name: Tybee Island Lessee Contract #: 83835 After Recording Please Return To: Cross Reference: Ms. Idrissa Morgan, Paralegal Troutman Pepper Hamilton Sanders LLP 600 Peachtree Street, NE Suite 3000 Atlanta, Georgia 30308-2216 STATE OF GEORGIA COUNTY OF CHATHAM Deed Book 157N, Page 466 Chatham County, Georgia Records MEMORANDUM OF FOURTH AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT THIS MEMORANDUM OF FOURTH AMENDMEN1T- TO - WATER TOWER LEASE ATTACHMENT AGREEMENT (this "Amendment") is made this /1 day of r-4 J . NV by and between CITY OF TYBEE ISLAND, GEORGIA (hereinafter 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 ("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 evidenced by that certain Memorandum of Lease recorded in Deed Book 157N page 466 in the Office of the Clerk of Superior Court of Chatham County, Georgia, 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 8005G 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 Site Name: Tybee Island Lessee Contract #: 83835 1. Section 3 of the Agreement is hereby amended by extending the term of the Agreement for five (5) additional periods of five (5) years each (the "Additional Extended Term"). 2. Section 5(c)(i)(ii)(iii) of the Agreement is hereby deleted in its entirety. 3. In the event of a conflict between this Amendment and the Agreement, the terms of this Amendment will control. 4. Except as specifically amended in this Amendment, all other provisions of the Agreement will remain in full force and effect. [Signatures appear on the next page] 2 Site Name: Tybee Island Lessee Contract #: 83835 IN WITNESS WHEREOF, the undersigned have caused this Amendment to be duly executed by their authorized officers under seal the day and year first above written. Signed, sealed and delivered in .resence of: ffi ial W;d ess A _,-C: otary Public Commission Expiration Date: [Notary Seal] to --IS—%.2yC Signed, sealed and delivered in the presence of: Unofficial Witness Notary Public Commission Expiration Date: [Notary Seal] LESSOR: CITY OF TYBEE ISLAND, GEORGIA By: . ✓` jyy�' Name: kr/ � �,S,SjO J't .S Title: 4f Date: t73/ // z LESSEE: VERIZON WIRELESS OF THE EAST LP, dIb/a Verizon Wireless By: Cellco Partnership, its General Partner By: Date: 3 Site Name: Tybee Island Lessee Contract #: 83835 4 40669146v1