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HomeMy WebLinkAboutBellsouth Personal Communications Augusta Richmond GA DOCUMENT NAME: ~V\:0C)l~L~ (\J.e (S0r\~\ Co{l'l\,Y\U-f\,; c.0-C-/on'S DOCUMENT TYPE: Lcct.s e.. YEAR: 0 '2- BOX NUMBER: )( FILE NUMBER: \ (P5l L\ NUMBER OF PAGES: (~ -" -.. ~ c i n 9 u I a rw WIRELESS VIA Federal Express Tracking Number 7901 60568245 December 12, 2002 Augusta, Georgia 530 Green Street! Room 802 City County Building 11 Augusta, GA 30911 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 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 I OA AMENDMENT TO CO-LOCATION OPTION AND LEASE AGREEMENT THIS AMENDMENT TO CO-LOCA nON OPTION AND LEASE AGREEMENT ("Amendment"), is made and entered into as of this 15~ day of C~ , 2002, by and between the RICHMOND COUNTY, GEORGIA n/kla AUGUSTA, GEORGIA (the "Landlord") and BELLSOUTH PERSONAL COMMUNICATIONS, LLC, a Delaware limited liability company, d/b/a CINGULAR WIRELESS, (the "Tenant"). WIIN~~~~IH WHEREAS, the Landlord entered into a Co-Location Option and Lease Agreement (the "Lease") with TDI, Inc. ("TOI"), dated July 2, 1997, pursuant to which TOI leased certain premises of the Landlord located at and around the Water Tank at the intersection of 1-520 and Deans Bridge Road in the City of Augusta, County of Richmond, State of Georgia, more fully described in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises"), for the placement of communications equipment on and around the Water Tank located on the Premises; and WHEREAS, Tenant is TOI's successor in interest to the Lease; and WHEREAS, the parties currently desire to amend the Lease to reflect that Tenant shall be authorized to place certain additional equipment on the Premises and to adjust the rental rate to reflect an increase due to additional equipment being placed on the Premises. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Lease, the parties hereto agree as follows: I. Tenant is hereby authorized to replace, modify or add to its CUD'ent equipment on the Premises, which includes the following: a) three (3) transmission antennae on the Water Tank; b) six (6) transmission lines connecting the antenna and other communications equipment; and c) one (1) cabinet for the storage of communications equipment on the Premises. Tenant is hereby authorized to replace modify or add to any or all of the equipment referenced with the following equipment: a) nine (9) transmission antennae on the Water Tank; b) twelve (12) transmission lines connecting the antenna and other communications equipment; and c) two (2) cabinets for the storage of communications equipment on the Premises. 2. As of the Commencement of the First five year Extended Term, Annual Rental shall be Eighteen Thousand and No/100 ($18,000.00) Dollars aild shall remain J, ' .- Site Name: Lumpkin Road Site Number: 026-0 I OA 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/100 ($20,700.00) Dollars and shall remain same throughout the Second five year Extended Term. Tenant shall remit to Landlord all amounts immediately due and owing to Landlord under this Amendment upon Tenant's execution of this Amendment. The parties hereto expressly agree that in the event of any discrepancy or contradiction between the terms of the Lease and the terms of this Amendment, full force and effect shall be given to the terms of this Amendment, and any clause, condition, restriction or other term of the Lease that contradicts any tern1 of this Amendment is hereby declared null and void. Except as herein modified, and subject to the foregoing, every provision, condition, obligation and covenant contained in the Lease shall continue in full force and effect. REMAINDER OF PAGE INTENTIONALLY BLANK 2 Site Name: Lumpkin Road Site Number: 026-0 lOA TN WITNESS WHEREOF, the parties hereto have executed, or caused their authorized representatives to execute, this Amendment as of the date first above written. WITNESSES WITNESSES ::t~ I//Y~ p</( - f.-/ LANDLORD RICHMOND COUNTY, GEORGIA n/k/a AUGUSTA GE RGIA Title: Date: f\4J By: If'' Print Name: TENANT BELLSOUTH PERSONAL COMMUNICATIONS, LLC, a Delaware Limited Liability Company, d/b/a CINGULAR WIRELESS By V~~ (l CJJ--- Print Name: I f../ 'C:--t R- Clcn.A.Jf lJ- Its: E 'D IV ~ Of) 't Y'4: , Date: /1- 2- ~- 0 '-- 3 Site Name: Lumpkin Road Site Number: 026-01 OA STATE OF SOUTH CAROLINA ) ) COUNTY OF RICHMOND ) I, Iu~ /$- dJJ 131ft ~~ ' as GEORGiA, personally appeared before me this foregoing instrument. . WITNESS my hand and official seal this JAay of /1fi~ , a notary public, do hereby certify that /)-y of CITY OF AUGUST A, Y and acknowledged the due execution of the ,2002. WIl1ii6BItm'lnJ)nd and official seal thi;+'2ft'aay of . ...,',\:.....~\L. Y N 'h "'h -~ ~, .~ ..-.-..' ,,'.; S" ~. ~",~\SS/O~ . .,c.~ ~ ' .::: ..vo ~-t.~Ij.~ :: .0\. 00. ., ) :*:~ t=Ea ~.. : = : 0 28 ~:.L :: Notary Public fI f ::. 2{)OB. . ....:: My CO~!i~n r'.,,"pir~/ i ~ O;".bcO G"()~.;'" ~ ~ ,~.. ., ~ ....'" ....... ~ -fb......~\.' ~... "',,'T)' PU'" ~\.... 111"11I11"\\\\ 4 .\ .~ , I Site Name: Lumpkin Road Site Number: 026-0] OA Exhibit "A" (Description of the Premises) Site 026-010A DEAN'S BRIDGE ROAD Being the area shown and delineated as the "Lease Parcel" on the Lease Exhibit of Site 026- o lOA 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 37 J, Page 854, Richmond County, Georgia. Together \vith 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