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HomeMy Public PortalAboutSecond Amendment July 2022DocuSign Envelope ID: 9665FDE7-4576-46D5-99E2-7317C2ED90A2 SITE NAME: Relo-Macro LOCATION CODE: 630937 SECOND AMENDMENT TO AGREEMENT This Second Amendment to Agreement is being made this / day of between City of Tybee Island, Georgia, with an address of 403 Butler Ave., Tybee Island, GA 31 28 hereinafter called "LICENSOR," and Cellco Partnership d/b/a Verizon Wireless, with a principal mailing address of One Verizon Way, Mail Stop 4AW 100. Basking Ridge, New Jersey 07920, hereinafter called "LICENSEE." WHEREAS, LICENSOR and LICENSEE entered into that certain Agreement dated August 27, 2020, as amended, (the "Agreement") whereby LICENSOR licensed to LICENSEE a portion of the Property located at corner of Van Horne & Old Fort Road, Tybee Island, GA 31328 ("Premises"), as more particularly described on Exhibit A attached to the Agreement; and WHEREAS, LICENSOR and LICENSEE have agreed to extend the Term of the Agreement as more particularly set forth herein. NOW THEREFORE, in consideration of the Premises and intending to be legally bound hereby. LICENSOR and LICENSEE agree to the following changes and modifications to the Agreement. 1. Section 2 of the Agreement is hereby amended to reflect that, beginning on August 28, 2022, the Agreement shall be extended for 1 additional term of 6 months ("Initial Renewal Term"). Upon expiration of the Initial Renewal Term, LICENSEE shall have the right to extend this Agreement for 1 additional term of 6 months ("Additional Renewal Term"). Unless LICENSEE notifies LICENSOR of its intention not to exercise its option to renew the Agreement for the Additional Renewal Term, the Additional Renewal Term shall automatically be exercised without notice or any other action of any kind by LICENSEE. 2. Except as specifically modified by this Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between any term and provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. 3. At the conclusion of the project involving repairs to the city water tank, Verizon will promptly return its equipment to the water tank and remove its equipment from the space identified in the Agreement dated August 27, 2020. as amended. The city (Licensor) may give notice of termination of the Agreement upon 60 days written notice to LICENSEE following completion of the project and LICENSEE will remove all of its equipment and improvements and restore the Property to its original condition, normal wear and tear accepted. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 9665FDE7-4B76-46D5-99E2-7317C2ED90A2 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LICENSOR: City of Tybee Island, Georgia By:c.%4 Y 1 5�--,-�� Name: 6b) (14t 6--65S ;e. ev' Title: pi Date: (j . LICENSEE: Cellco Cellco Partnership d/bla Verizon Wireless DocuSI ned by: By: Li_.1440,1-U4/Name: tvew441artley Title: Sr Real Estate Manager Date: Sep 9, 2022