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Home My Public Portal AboutALTEL SECOND AMEND 2011.pdfLESSEE Site Name: Tybce Island LESSEE Contract #: 83835 SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT THIS SECOND AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT (this "Second Amendment") is made and entered into this /-day of 197444 , 20B by and between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter collectively referred to as "LESSOR"), and ALLTEL COMMUNICATIONS, LLC, a Delaware limited liability company, d/bla 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 ALLTEL Communications, Inc,, as predecessor -in -interest to LESSEE, entered into a Water Tower Attachment Lease Agreement dated November 3, 1992 (the "Original Lease"), as amended by the First Addendum to Water Tower Attachment Lease Agreement dated November 10, 2000 (the "First Addendum") (the "Original Lease" and the "First Addendum" are collectively referred to as the "Lease"), 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, LESSEE and LESSOR desire to modify and amend certain terms and provisions of the Lease, all in accordance with the terms and conditions set forth below. NOW, ITIEREFORE, for and in consideration of the premises and of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Reaffirmation of Lease. LESSOR hereby reaffirms and acknowledges the terms of the Lease. 2. Communisations Equipment. (a) The first sentence of Paragraph 2(B)(I) of the Original Lease is hereby deleted in its entirety. (b) Exhibit"$ -I" - Listing of Equipment and Transmission Frequencies - to the First Addendum is hereby deleted in its entirety and replaced by Exhlbit "B-2" Listing of Equipment and Transmission Frequencies attached hereto. 4. Term. Paragraph 4 of the Original Lease is hereby deleted in its entirety and replaced by the following: "Term. The term of this Lease shall be five (5) years, commencing upon the 1sr day of August, 1992 ("Commencement Date") and terminating at midnight on the 31' day of July, 1997 ("Initial Term"). Lessee shall have the right, but not the obligation, to extend this lease for five (5) addition five (5) year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth in this Lease except that the Rent shall be increased at the inception of each Renewal Term as specified in 1 LESSEE Site Name: Tybee Island LESSEE Contract #: 83533 paragraph 5(C). This Lease shall automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor of Lessee's intention not to renew the Lease at lease thirty (30) days prior to the expiration of the Initial Term or the Renewal Term which is then in effect." 5. Rent. Exhibit "C" to the First Addendum is hereby deleted in its entirety. Effective as of May I, 2011, the Rent shall increase by Five Hundred and no/100 dollars ($500.00) per month. Per Section 4 of the First Addendum, Rent shall be reduced by Five Hundred Fifty and no/100 dollars ($550.00) per month if all or part of the installed CDMA Equipment is removed. If all or part of the equipment installed per this Second Amendment is removed then the Rent shall be reduced by Five Hundred and no/100 dollars ($500.00) per month. 6. Notice; following: Paragraph 19 of the Original Lease is hereby deleted in its entirety and replaced with the "Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, retum receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Tybee Island, Georgia 403 Butler Avenue Tybee Island, Georgia 31328 LESSEE: ALLTEL Communications, LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing." 7. Miscellaneous. The Lease, as modified by this Second Amendment, constitutes the entire understanding between the parties with respect to the transaction contemplated herein, and all prior or contemporaneous oral agreements, understandings, representations and statements, and all prior written agreements, understandings, letters of intent and proposals are merged into this Second Amendment. Except as expressly amended and modified hereby, the Lease remains in full force and effect and is hereby ratified and confirmed by LESSOR and LESSEE. In construing this Second Amendment, all headings and titles are for the convenience of the parties only and shall not be considered a part of this Second Amendment This Second Amendment shall not be construed as if prepared by one of the parties, but rather according to its fair meaning as a whole, as if both parties had prepared it. The provisions of 2 LESSEE Site Name: Tybec Island LESSEE Contract #: 83835 this Second Amendment shall be deemed independent and severable, and the invalidity or partial invalidity or enforceability of any one provision shall not affect the validity of enforceability of any other provision hereof. The terms and provisions hereof shall be binding upon and inure to the benefit of LESSOR and LESSEE, and upon the heirs, executors, representatives, administrators, successors and assigns of LESSOR and LESSEE. This Second Amendment shall be governed by and construed in accordance with the laws of the State of Georgia. This Second Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall. constitute one and the•same agreement. [Signatures Commence on Following Page} 1 r 3 LESSEE Site Name: Tybee Island LESSEE Contract #: 83835 IN WITNESS WHEREOF, the parties, intending to be legally bound, have caused this Second Amendment to be executed under seal as of the day and year fast written. LESSOR: THE CITY OF TYBEE ISIfAND, GEORGIA NarnEr mks_0,-+ «-- c,.'rrA „---. Title: -M 1. Date: <IN 4 LESSEE: ALLTEL COMMUNICATIONS, LLC d/b/a Verizon Wireless By: Name: Hans F. Leutenegger Its: Area Vice President Network Date: i LESSEE Site Name: Tybee Island LESSEE Contract #: $3835 Exhibit "B-2" Listing of Equipment and Transmission Frequencies A. Equipment to be installed on top of the Tower: Six (6) DB844H90E-XY Two (2) BXA-70040-6CF-2 One (1) BXA-70063-6CF-2 Twelve (12) 7/8" Coax lines Rad Center -150' B. Transmission Frequencies 1. TX: 880.02-893.97 MHz 2. RX: 835.02-848.97 MHz 2 226483tv3 WALIB IE,R ENGINEERING, INC, 8451 DUNWOODY PLACE NORTBRIDGE 400, BLDG. 8 SANDY SPRINGS, GA 30350 (770) 641-7306 FAX (770) 587-2196 CLYII, • STRUCTURAL N 33° 59' 13.8" W84° 20' 2€1.8" Mr. Mike Mankin Verizon Wireless 10300 Old Alabama Conn Alpharetta, GA 30.022 04/20/11 Site Name: Tybee Island Sub: Structural Evaluation of Water Tank 76 Van Horne Street, Tybee Island, GA Dear Mr. Mankin: Walker Engineering has performed a structural evaluation of the above subject water tank with regard to supporting the Verizon Wireless proposed antennas. The proposed equipment will be installed on an existing coral at the top of the water tank. The approximate wind face area of the proposed equipment will add less than 1% of load to the water tank. This Toad increase is within the generally accepted accuracy of a structural analysis (5%. ±); therefore, a detailed structural analysis of the water tank is not warranted and has not been performed by Walker Engineering, Inc. The Local mounting area is shown on Walker Engineering job number 1101-060R1 Sheets Si and 82 dated 04/20/11. The antenna mount has been analyzed in accordance with the Georgia State Building Code_ OW, 2006 with 2010 Georgia State Amendments) for a 95 mph windload. See the antenna manufacturer's specification sheets for the antenna mounting information. The antenna mount is adequate to support the proposed equipment. Walker Engineering appreciates the opportunity to be of service in this matter. Please do not hesitate to give me a call if you have any questions or comments; Very truly yours, uforcYH Evan Jr, PE, # FortifiedTel-008R1 1101-060R1 Tybee Island H2O Tank mcw.doc 1 EXISTING CORRAL MOUNT (SEE PLAN VIEW) r no a RAD CENTER 10 EL. 152' (F.V.) EXISTING RELOCATED VERIZON ANTENNA w /NEW MOUNT EXISTNG CORRAL EXISTING ACCESS LADDER EXISTING VERIZON ANTENNA PROPOSED BXA-70040/60F2 INSTALLATION NOTES: 1. FIELD VERIFY ALL DIMENSIONS & ELEVATIONS PRIOR TO FABRICATION. 2. CONTRACTOR SHALL VERIFY LOCATIONS OF EXISTING APPURTENANCES AND/OR WATER TANK FIXTURES PRIOR TO INSTALLATION or NEW EQUIPMENT. 3. PROPOSED ANTENNA LOCATIONS AND AZIMUTH ORIENTATION TO BE DETERMINED BY VERIZON WIRELESS . 4. SEE ANTENNA MANUFACTURER'S SPECIFICATIONS FOR MOUNTING DETAILS, r— 4'-0„ ALPHA REMOVE THIS EXISTING MOUNT ONLY, (IF REQ'D) EXISTING RELOCATED y VERIZON ANTENNA w /NEW MOUNT WATER TANK ELEVATION PROPOSED BXA-70063/60F2 EXISTING VERIZON csrANTENNA SECTOR EXISTING MOUNT s. (IF REVD) REMOVE THIS EXISTING MOUNT ONL Y (IF RE VD .) SCOPE OF WORK: 1. ADD PROPOSED ANTENNAS AS SHOWN ON THE EXISTING CORRAL MOUNT PLAN, THIS SHEET. 2. UTILIZE EXISTING VERIZON COAX RUN OUTSIDE THE WATER TANK FOR MOUNTING PROPOSED VERIZON COAX . 3. VERIFY OVERALL CONDITION OF EXISTING ANTENNA MOUNT AND WATER TANK. 4. VERIFY ALL DIMENSIONS PRIOR TO FABRICATION. 5. CONTRACTOR TO PROVIDE ALL LABOR AND MATERIALS NECESSARY TO PERFORM ALL PRESCRIBED WORK. 6. ALL WORK SHALL BE IN ACCORDANCE WITH FEDERAL, STATE AND LOCAL REQUIREMENTS. INCLUDING OSHA . EXISTING ANTENNA (CARRIER UNKNOWN) EXISTING RELOCATED VERIZON ANTENNA w/NEW MOUNT PROPOSED BXA-70040/6CF2 EXISTING VERIZON ANTENNA EXISTING ANTENNA (CARRIER UNKNOWN) PLAN -EXISTING CORRAL MOUNT 3/8"-1-0" COAX ATTACHMENT NOTE: PROPOSED COAX SHALL BE "PIGGY —BACKED" ONTO EXISTING VERIZON COAX RUNS FROM GROUND TO ANTENNAS. NE W OR EXISTING PIPE 2 1/2 STD NEW PIPE 2 STD UNIVERSAL PIPE ADAPTOR KIT BY VALMONT. PART No, B1534 (OR EQUIVALENT) NOTE: UPPER AND LOWER BRACKETS REQUIRED FOR EACH ANTENNA DISCLAIMER: WALKER ENGINEERING INCORPORATED HAS PERFORMED A STRUCTURAL EVALUATION OF THE SUBJECT WATER TANK, NOT A DETAILED STRUCTURAL ANALYSIS — SEE REPORT NO.: 1101-06081, DATED 04/20/11 . H Q R o d g x fl rr L On I 0 Eo 0 0 >w 1-20-1 z a 2 zz L.J 0 n� re in ce zj >v "s U Ai01 RESIN . ,b OO[L YM . a nSFOW[,MOM thcArso, 6L n or AWOL 9ww uS, W PM,' LW Ma MI Mt nor Id MO own,' 40Mijt ., N ,a w5 -i �ithp[9 SGLLE: AS N TED MAW N0.: 1 NIO SLE -MS. 5 0E: 2 SHEETS S1 THRU S2 S 1, GENERAL NOTES 01. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS . ALL DISCREPANCIES SHALL BE REPORTED IMMEDIATELY TO THE ENGINEER. G2. THE SIZE AND SPACING OF STRUCTURAL ELEMENTS SHALL NOT BE CHANGED -WITHOUT THE ENGINEER'S APPROVAL. 03. DETAILS SHOWN ARE TYPICAL; THEREFORE, SIMILAR DETAILS APPLY TO SIMILAR CONDITIONS UNLESS OTHERWISE NOTED, G4. THESE DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. 05. ALL STRUCTURAL AND NON --STRUCTURAL ITEMS SHALL BE TEMPORARILY BRACED DURING CONSTRUCTION UNTIL ALL STRUCTURAL ELEMENTS THAT ARE REQUIRED FOR STABILITY, SUCH AS LATERAL BRACING. ANCHOR BOLTS, ETC., NAVE BEEN INSTALLED. G6. CONTRACTOR SHALL VERIFY THE EXACT LOCATIONS OF EXISTING UTILITIES, GROUND DRAINS, DRAIN PIPES, VENTS, OR ANY OTHER MECHANICAL DEVICES PRESENT BEFORE COMMENCING WORK. CONTRACTOR SHALL PROTECT EXISTING FACILITIES, UTILITIES, COAX AND UTILITY LINES FROM DAMAGE. NOTIFY ENGINEER IMMEDIATELY OF ANY CONFLICTS ARISING FROM THIS VERIFICATION. G7. INCORRECTLY FABRICATED, DAMAGED, MISFITTING OR NONCONFORMING MATERIALS OR CONDITIONS SHALL BE REPORTED TO THE OWNER AND THE ENGINEER PRIOR TO REMEDIAL OR CORRECTIVE ACTION. GB. CONTRACTOR(S) SHALL COOPERATE WITH THE OWNER' S REPRESENTATIVE, AND COORDINATE HIS W ORK WITH THE WORK OF OTHERS. G9. CO NSTRUCTION SHALL BE IN ACCORDANCE WRH APPLICABLE OSHA REGULATIONS, PER THE GEORGIA STATE BUILDING CODE (IBC 2006), AND TIA/EIA-222F (1996), AND SHALL BE PERFORMED ONLY IN "GOOD WEATHER". GOOD W EATHER MEANS LITTLE OR NO WIND AND RAIN AND MINIMUM TEMPERATURE OF 50 DEGREES F. CONTACT ENGINEER FOR ADDITIONAL INSTRUCTIONS IF "GOOD WEATHER" CANNOT BE ACHIEVED. DESIGN W IND SPEED I5 130 MPH (3 SECOND GUST) PER AWWA D100-96. SHOP FABRICATION DRAWING SUBMITTAL 10. F1, THE GENERAL CONTRACTOR/CONSTRUCTION MANAGER IS RESPONSIBLE FOR ASSURING THAT ALL SUBMITTALS COMPLY WITH THE LATEST PROJECT PLANS, SPECIFICATIONS, GOVERNING CODES AND REGULATIONS, AND IS SOLELY RESPONSIBLE FOR CONFIRMING ALL QUANTITIES, DIMENSIONS, FABRICATION TECHNIOUES, AND COORDINATING W ORK WFFH ALL TRADES. F2. SHOP DRAWINGS SHALL BE SUBMITTED IN A TIMELY MANNER TO ALLOW ADEQUATE TIME FOR PROCESSING. F3. ALL SUBMITTALS ARE TO BE ACCOMPANIED BY A LETTER OF TRANSMITTAL F4. ALL SHOP DRAWINGS MUST BEAR EVIDENCE OF THE CONTRACTOR'S APPROVAL PRIOR TO SUBMITTAL F5, CONTRACTOR SHALL SUBMIT SHOP DRAW INGS TO THE ENGINEER PRIOR TO FABRICATION. STRUCTURAL STEEL NOTES: S1. STRUCTURAL STEEL SHALL CONFORM TO THE AISC STEEL CONSTRUCTION MANUAL, ANSI/AISC 360--05, SPECIFICATION FOR STRUCTURAL STEEL BUILDINGS . A) STRUCTURAL STEEL PIPE SHALL CONFORM TO ASTM A53, GRADE B, Fy=35K51 (MIN) . 52, ALL STRUCTURAL STEEL SHALL BE GALVANIZED IN ACCORDANCE WITH ASTM A123 AND AS FOLLOWS, UNLESS OTHER WISE NOTED: A) GALVANIZING SHALL BE PERFORMED AFTER SHOP FABRICATION AND WELDING TO THE GREATEST EXTENT POSSIBLE. B) ALL DINGS, SCRAPES, MARS, AND WELDS IN THE GALVANIZED AREAS SHALL BE COATED WITH SHERWIN-WILLIAMS "Z)NC CLAD IV" (NO SUBSTITUTIONS), APPLIED IN STRICT ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. (SEE MANUFACTURER'S PAINT SPECIFICATIONS) 0) AFTER ZINC -RICH PAINT IS DRY, OVERCOAT WITH OWNER'S PAINT SPECIFICATIONS, APPLIED IN STRICT ACCORDANCE WfFH MANUFACTURER'S RECOMMENDATIONS . D) AREAS THAT HAVE BEEN PAINTED SHOULD BE INSPECTED AND REPAIRED AS NECESSARY DURING ROUTINE MAINTENANCE OF THE STRUCTURE. 53. DO NOT PLACE HOLES THROUGH STRUCTURAL STEEL MEMBERS EXCEPT AS SHOWN AND DETAILED ON SHOP DRAWINGS . 54. CONNECTIONS SHALL BE IN ACCORDANCE WITH SECTION "J" OF THE AISC STEEL CONSTRUCTI ON MANUAL, ANSI/AISC 360-05, AND BE CONSTRUCTED AS FOLLOWS: A) BOLTED CONNECTIONS SHALL USE BEARING TYPE GALVANIZED A325 BOLTS, AND SHALL NAVE A MINIMUM OF TWO BOLTS UNLESS OTHERWISE NOTED. USE NEW BOLTS, NUTS & WASHERS OF LIKE SIZE FOR REPLACEMENTS (ASTM A-325 BOLTS), ALL BOLTS, NUTS, AND WASHERS SHALL BE GALVANIZED IN ACCORDANCE WITH ASTM A153 . ALL BOLTS SHALL ACHIEVE THE "SNUG -TIGHTENED " CONDITION AS DEFINED BY AISC UNLESS OTHERWISE NOTED, B) C) 4 a OE 1 1 6 z M z O W W W In 1-- a w 1- W 6 Z • a F^w O$ Le- V 6 SMILE NAM If PFYMIY Qi SN[ WPM up b WI ,MW Ilk 16 m L* li Onlmap +m1 g0 PE ne,1 PWPBSION OF DE Cmnm1 MCA. %PM AS NOTED TEAS RR 5E1 IGIWIS OD 2 SHEETS 91 THRU 52 DRAWAIG Na: S2 LESSEE ANTENNAS (6 EXISTING ANTENNAS TO REMAIN AND 3 NEW ANTENNAS TO BE INSTALLED ON THE EXISTING CORALL, 9 TOTAL ANTENNAS) EXISTING CORRAL i EXISTING WATER TANK EXISTING CATWALK LESSEE COAX (6 EXISTING COAX TO REMAIN AND 6 NEW 7/8" COAX TO BE INSTALLED USING EXISTING MOUNTS) LESSEE SHELTER PAGE 2 OF 2 SHE ADDRESS: 76 VAN HORNE AVE �TYBEE ISLAND, GA 31328 WATER TANK ELEVATION NOT TO SCALE LESSEE ANTENNAS CENTERLINE 150' AGL 'PROJECT INFORMATION: TOWER OWNEIt CITY OF TYBEE ISLAND LATITUDE: 32' V 20' `LONGITUDE: 80 50' 5B floTo ow RSflL I8'(fl l) 1I AP All R••\U ,v Lain Cn;,T-I l,\ RM17fi LESSEE ANTENNAS (6 EXISTING ANTENNAS TO REMAIN AND 3 NEW ANTENNAS TO 8E INSTALLED ON THE EXISTING CORALL, 9 TOTAL ANTENNAS) EXISTING CATWALK LESSEE COAX (6 EXISTING COAX TO REMAIN AND 6 NEW 7/8" COAX TO BE INSTALLED USING EXISTING MOUNTS) LESSEE SHELTER EXISTING CORRAL EXISTING WATER TANK PAGE 2 OF 2 tsrtE NM TYBEE SfTE 76 VAN HORNE AVE �T1BEE ISLAND, GA 31328 WATER TANK ELEVATION NOT TO SCALE SITE NUR N/A SCALE VARIES LESSEE ANTENNAS CENTERLINE 150' AOL r" PROJECT INFORMATION: TOWER ORNEit UTY OF TYBEE ISLAND LATRE 32' 1' 20- LONG1TUDE: 8O' 50' 58' r oI FITVFRSOURCF, INC. IHA DM M. %HM311. Aril) %UITT 1[x.3 *( 'CAUL 4...5 %PI EXISTING TOWER LESSEE ICE BRIDGE (EXISTING) EXISTING TELCO PED I F D z PAGE 1 OF 2 Lx SITE NAVE: TYBEE SIZE ADORE & 76 VAN HORNE AVE TYBEE ISLAND, GA 31328 LESSEE 11'5`X28' SHELTER (EXISTING) NN LESSEE METER LESSEE GEN WIRE (EXISTING) LESSEE PORTABLE GENERATOR (EXISTING) SITE PLAN SCALE: 1- = 10' kARIES HE NUMBER: N /A OMI7OURCEg EXISTING FENCE EXISTING 12' GATE "-PROJECT INFORMATION: WAR DMREk CITY OF TYBEE ISLAND EATRl1DE: 32' 1' 20' LONGITUDE: 80' 50' 511' G11VIRSOLURCF, Eve . ItlH hilt 4E t8 \1� \ i .,mT 1004 R( WLILi,', aN MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND May 13, 2011 Cari Langston Fortified Telecom Services 86 Bull River Bluff Drive Savannah, GA 31410 RE: Second Amendment to Water Tower Attachment Lease Agreement Dear Ms. Langston: CITY MANAGER Diane Schleicher ACTING CITY CLERK Jan LeViner CITY ATTORNEY Edward M. Hughes Attached is the signed Second Amendment as referenced above. Once the agreement is fully executed, please return a copy to my office. If you should have further questions, please do not hesitate to contact me. Regards, anet LeViner Acting Clerk of Council City of Tybee Island Encl als P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 — FAX (866) 786-5737 www.cityoftvbee.org