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Home My WebLink AboutCINGULAR AMENDMENT TO CO-LOCATION OPTION AND LEASE AGREEMENT HIGHLAND FOR WATER TOWER ON JAKE ELLIS ROAD TOWER 1012 KIPLING ROAD/GEORGETOWN AGENDA ITEM: EDmON: :PJ3 DATE: October 3, 2002. TO: The Honorable Bob Young, Mayor Members of the COmmission Andy Cheek, Chairman, Engineering Services Committee ~ ()~~-tJ lO . THROUGH: George R. Kolb, Administrator FROM: CAPTION: Motion to approve amendments to Co-Location Option and Lease H ;~h Agreement for the placement of antennas on the water towers located at Jake Ellis Road" and at 1012 Kipling Road. BACKGROUND: The current agreements between Augusta and TDI, Ine. predecessor to Cingular Wireless, provide for three antennas to be located. on each of the above water towers. The term of these agreements were for 5 years, and they have just exercised the first renewal option, which increases the rent to an annual rental of $13,800. They have requested to place additional antennas, and in exchange, have agreed to go to our current rental fee of $18,000 per year. Execution of the Amendments will allow them to place up to . 9 antennas on the water towers, but will also increase the rental to $18,000 per year, which is the current amount.we are charging for antenna space on our towers. ANALYSIS: The amendment to the Agreement is consistent with what we have done with the other tower companies who have sought modifications in the original Lease Agreement, i.e., we are. increasing the rent from the original amount of $12,000 per year, with a 150,fo increase for each renewal term., to an $18,000 annual rental. FINANCIAL IMPACT: the sites. An increase in rental $13,800 to $18,000 annually for each of ALTERNATIVES: Deny the amendment. RECOMMENDATION: Approve amendment. REQUESTED AGENDA DATE: DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: FINANCE: ^ c i n 9 u I a f'" WIRELESS VIA Federal Express Tracking Number 7901 6056 8245 December 12, 2002 Augusta, Georgia 530 Green Street! Room 802 City County Building 11 Augusta, GA 30911 (,<:.0 ~e1-0W~ Subject: Amendment to Co-Location Option and Lease Agreement for BellSouth Personal Communications LLC d/b/a Cingular Wireless Site 026-010 Dear Lessor: The Amendment signed between you and BellSouth Personal Communications LLC d/b/a Cingular Wireless has been fully executed. One fully executed original is enclosed for your records. Future correspondence will be sent to the above address unless you notify us otherwise. If you have any questions or concerns, please contact your Real Estate Specialist, Janice Porter, at the address below or call our toll free number, 1-877-231-5447. Please reference on all communications the site name as found on the subject line of this letter to expedite processing of your request. Sincerely, Darlene Council Real Estate Specialist Cingular Wireless ~ AI 0 AI ~iJ '1ct czq / {YV-'-~ 1.Jqq... ~ 0 (0) Enclosure (1) cc Cingular Wireless Project Manager, GA File Cingular Wireless. 6100 Atlantic Boulevard. GAN02 . Norcross, GA 30071 -. Site Name: Lumpkin Road Site Number: 026-0 lOA same throughout the First five year Extended Term. As of the Commencement of the Second five year Extended Term, Annual Rental shall be Twenty Thousand Seven Hundred and No/tOO ($20,700.00) Dollars and shall remain same throughout the Second five year Extended Term. Tenant shall remit to Landlord all amounts immediately due and owing to Landlord under this Amendment upon Tenant's execution of this Amendment. The parties hereto expressly agree that in the event of any discrepancy or contradiction between the terms of the Lease and the terms of this Amendment, full force and effect shall be given to the terms of this Amendment, and any clause, condition, restriction or other term of the Lease that contradicts any term of this Amendment is hereby declared null and void. Except as herein modified, and subject to the foregoing, every provision, condition, obligation and covenant contained in the Lease shall continue in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK 2 " Site Name: Lumpkin Road Site Number: 026-01 OA IN WITNESS WHEREOF, the parties hereto have executed, or caused their authorized representatives to execute, this Amendment as of the date first above written. WITNESSES WITNESSES -~ _;)l,,~ ~. .: ,'- -{71 $ / !" . / L_- \.--.::/ L~...(,,(,_ LANDLORD RICHMOND COUNTY, GEORGIA n/k/a AUGUSTA GE RGIA Title: Date: q~J By: Print Name: TENANT BELLSOUTH PERSONAL COMMUNICATIONS, LLC, a Delaware Limited Liability Company, d/b/a CINGULAR WIRELESS By: V ~+- (C CJJ----- Print Name: I We ..:: -t R- CJcfl^Jf v'- Its: E '0 I$ ~ "'-"'-0 ". h Or? 't Y'to: I Date: /1-7- -S-- C""1- 3 " Site Name: Lumpkin Road Site Number: 026-01 OA STATE OF SOUTH CAROLINA ) ) COUNTY OF RICHMOND ) I, ~/ue.s zg~ MjJ t3e:.' 4!:,UuJG: , as GEORGiA, personally appeared before me this foregoing instrument. WITNESS my hand and official seal this /Aay of /l16~"'/ J , a notary public, do hereby certify that ~y of CITY OF AUGUSTA, y and acknowledged the due execution of the ,2002. ) ) ) I, :\,'" '(l\...,~\)\_i- ./ it".' . , a notary public for said county and state, do hereby certify that; i ',1' i \. . ~.~__jj\; LC"LL",0(as>- ~((- 1- WL,-_ of BELLSOUTH PERSONAL COM - UNICATIONS, LLC, a Delaware Limited Liability Company, d/b/a CINGULAR WIRELESS, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. STATE OF f~-~!~~~::.,"-c U}< COUNTY OF,1;L\C-6\~.{,\ ( , WI~i881fft1lnJ)nd and official seal this)-'-C~)t:\da.Y.o. A~tl~t\vhL>-, 2.~:t ~,~ ~\L Y N .,. I,,~ \ C.... l ~_'"t' ....... A.~ . ~ ~:. '..~'SSIO..~. ^..:t\ ~ '. - . ~ ..0.... 'r~'.-r~. , ! .... / ' ., .::: ':..,0 :to. ..L ~ ! . . .. .,. /. / i C ~*:'~ FEe i.. 5 ;\i\CL\'~'-.-;,k J\ / .,/ ~ l..\... :: : _ 28 C/): * = Notary Public for \ / l - . .... 2tlClB. .:: ' j . ../ My CO~!l~n !'-~pirWi: i~./ ' ~ 0..8co Gr.o~" ~ ....... ~.. Of ~ ....v ...... '~ "lb.......:\., ~' 1"1 ..,)' PU~ ~\.... IIIIU" 111\\\\\\ 4 Site Name: Lumpkin Road Site Number: 026-010A Exhibit "A" (Description of the Premises) Site 026-01 OA DEAN'S BRIDGE ROAD Being the area shown and delineated as the "Lease Parcel" on the Lease Exhibit of Site 026- 010A DEAN'S BRIDGE ROAD prepared for BellSouth Mobility, DCS by ARCADIS Geraghty and Miller dated October 24, 1997, revised February 24, 1998, and last revised January 20, 1999, and attached hereto and made a part hereof as Exhibit "A-I", such Lease Parcel being a portion (or portions) of the real property of Richmond County Water and Sewerage System, as such real property is described in that certain deed recorded in Book 37J, Page 854, Richmond County, Georgia. Together with a nonexclusive access easement for ingress, egress and regress for pedestrians and vehicular access to the Lease Parcel, as shown and delineated as the "Access and Maintenance Easement" on the Lease Exhibit. Together with a nonexclusive utility easement for the Tenant, or the utility provider installing the service, as shown and delineated as the "Utility & Maintenance Easement" on the Lease Exhibit. 5