HomeMy WebLinkAboutTHIRD AMENDMENT TO CO-LOCATION LEASE AGREEMENT VERIZON WIRELESS OF THE EAST L P ARC
Site Name: Augusta Airport
Location Code: 133616
THIRD AMENDMENT TO CO-LOCATION LEASE AGREEMENT
THIS THIRD AMENDMENT TO CO-LOCATION LEASE AGREEMENT (this "Third
Amendment") is made and entered into as of the .LL day of ~, 2008, by and
between AUGUSTA, GEORGIA, by and through the AUGUSTA AVIATION
COMMISSION, an instrumentality of Augusta, Georgia, as "Landlord," and VERlZON
WIRELESS OF THE EAST LP, a Delaware limited partnership, d/b/a Verizon Wireless, as
"Tenant."
WHEREAS, Landlord is the original landlord, and Tenant is the successor-in-interest to
the original tenant, under that certain Co-Location Lease Agreement dated September 1, 2001; as
amended by Co-Location Lease Agreement Amendment No.1 dated September 1, 2002; as
further amended by Second Amendment to Co-Location Lease Agreement dated April 1, 2003
(collectively as amended, the "Lease"); and
WHEREAS, Landlord and Tenant desire to amend the Lease to allow Tenant to lease
additional land space for its installation of a generator, to increase the rent, to extend the term of
the Lease, and to amend certain other provisions as set forth herein.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) in hand paid and other valuable consideration, the receipt, adequacy, and sufficiency of
all of which are hereby acknowledged, the parties do hereby agree as follows:
1. The following paragraph is hereby inserted between the fourth and fifth paragraphs of
Section 1 of the Lease entitled Leased Premises; Use of Leased Premises:
"TENANT shall have the right to replace the aforementioned equipment with similar and
comparable equipment provided said replacement does not increase tower loading."
2. The following paragraph is hereby inserted between the fifth and sixth paragraphs of
Section 1 of the Lease:
"LANDLORD also leases to TENANT a five foot by nine foot (5' x 9') area ofland space
in which TENANT may install a concrete pad and generator."
3. Base Rent shall be increased by One Thousand Eight Hundred and No/100 Dollars
($1,800.00) per year. The increase in rent shall commence upon the first (1st) day of the next
calendar month after Tenant begins installing its additional equipment on the Premises.
4. Effective upon the execution of this Third Amendment, Base Rent shall automatically
increase on each anniversary of the Commencement Date by three percent (3%). Base Rent
increases shall no longer be governed by Sections 3(b )-( d) of the Lease (however, previous Base
Rent increases shall not be retroactively changed). Landlord and Tenant acknowledge and affirm
that the anniversary of the Commencement Date is September 1 of each year.
Site Name: Augusta Airport
Location Code: 133616
5. Section 33 of the Lease entitled Terminal Relocation is hereby deleted in its entirety.
6. The Site Plan attached in Exhibit A-I to this Third Amendment depicts the approximate
location of Tenant's existing fifteen foot by twenty foot (15' x 20') Communications Building (as
defined in the Lease) as "Existing Lessee Shelter," and Tenant's additional five foot by nine foot
(5' x 9') area of land space for the installation of its generator as "Proposed 5' x 9' Generator
Pad/Lease Area."
7. The second paragraph of Section 2 of the Lease entitled Term is hereby amended to
increase the number of five (5) year Extension Terms from two (2) to three (3). If all Extension
Terms take effect, the Lease will expire on August 31, 2021. The first Extension Term took
effect on September 1, 2006, and is the applicable Extension Term as of the date of this Third
Amendment.
8. All remaining provisions of the Lease shall remain in full force and effect as to all other
terms and conditions, and shall remain binding on Landlord and Tenant hereto. Landlord and
Tenant hereby ratify and affmn all terms and conditions of the Lease, as amended by this Third
Amendment.
9. The Lease and this Third Amendment contain all agreements, promises, and
understandings between Landlord and Tenant. No verbal or oral agreements, promises, or
understandings shall be binding upon either Landlord or Tenant in any dispute, controversy, or
proceeding at law, and any addition, variation, or modification to the Lease and/or this Third
Amendment shall be void and ineffective unless made in writing and signed by Landlord and
Tenant. In the event any provision of the Lease or this Third Amendment is found to be invalid
or unenforceable, such a finding shall not affect the validity and enforceability of the remaining
provisions of the Lease or this Third Amendment.
( Signatures commence on the next page)
'"
Site Name: Augusta Airport
Location Code: 133616
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment under
seal as of the date set forth below.
LANDLORD:
By:
EAL)
Name: (!G1:)((__IC!.- ~tI^J.< tJAf
Title: r!AA-IIZ.. {vi A-,.}
Date: {J '7 J 3 ~ /0 9]
I I
AUGUSTA, GEORGIA,
a body corporate and politic
By: cf -<-0--
Name: -pe5=~ ~ptf-I.1-~1'-
Title: Maypr,
Date: ~ (Z/ C>~
~:t~
(SEAL)
;5~::~~:::::,: :~'-''):''~' ,:,~:~ ~"
I~' ~- ,,~.. ". -r'.. 'I'~
If (j ,,' f'~ .=1", ,;)
iii ;:;;, {' ',oJ., .~
& " ~. ?
i . \~
~ _ e
: 'I :;
,," :::; iI
#.. r:ST. .~ JJI
~ ~Q> 19% <;"," if
~ .~ .0 ~
,,_ .~MI\II.$ 4"f#'
,~,. GeORG\;" _.,0;"
"I\~'lL.~~"-~
TENANT:
VERlZON WIRELESS OF THE EAST LP,
a Delaware limited partnership,
d/b/a Verizon Wireless
By: VERIZON WIRELESS OF GEORGIA LLC,
its general partner
e member
(SEAL)
EXISTING
BUILDING
,
~
I
f-
0::
o
Z
~
SIIE NAIl[:
AUGUSTA AIRPORT
SIIE ADOR!SS:
1501 AVIAllON RD
AUGUSTA, GA 30906
# 5201650_vl
Exhibit A-I
Site Plan
ExiSTING
WJBF" ICE BRIDGE
/","OVERHEAD
_L~ POWER UNE
---
EXISTING
TOWER
1---
I
I
I
I
L
A VED ACCESS
DRIVE
SITE PLAN
SCALE: 1" - 20'
13.2'
EXISTING
LESSEE
SHELTER
~PAVED ROAD
Site Name: Augusta Airport
Location Code: 133616
ROPOSED S' X 9'
GENERATOR PAD/
IDS[ AREA
<<'t")
OWLRSOURCE. JNC
iOC,O HOl.CO,'..B WOODS PKW)
;\\}:;WWI~~;-tHJ<'(H&