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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&