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HomeMy WebLinkAboutFIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN AUGUSTA, GEORGIA AND VERIZON WIRELESS Lessee Site Name:Washington Road Lessee Contract#:85296 FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (this "Amendment") is made and entered into as of the IL *day of NOYeybef, 2017 (the "Effective Date") by and between Augusta, Georgia, a political subdivision of the State of Georgia,acting by and through the Augusta, Georgia Commission ("Lessor"), and Verizon Wireless of the East LP, d/b/a Verizon Wireless ("Lessee"), WITNESSETH: WHEREAS, Lessor and Lessee (as successor in interest to Cellular Phone of Aiken/Augusta, Inc.) entered into that certain Communications Site Lease Agreement dated November 5, 1997 (the "Agreement"), whereby Lessor leased to Lessee the Property (as defined in the Agreement), which is a portion of the property located at 1016 Oakdale Road, Augusta, Georgia 30904; WHEREAS, Lessor and Lessee desire to amend the Agreement as set forth below. NOW THEREFORE, for and in consideration of the Property, the mutual covenants contained herein, Ten Dollars ($10.00) in hand paid and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by Lessor and Lessee, Lessor and Lessee hereby covenant and agree as follows: 1. Renewal Terms. Lessor hereby grants to Lessee four (4) additional terms of five (5) years each (the "Additional Renewal Terms") to extend the Agreement on the same terms and conditions as set forth in the Agreement, except as modified by this Amendment. The Agreement shall automatically be renewed for each successful Additional Renewal Term unless Lessee notifies Lessor of Lessee's intention not to renew the Agreement at least thirty(30)days prior to expiration of the then current term. 2. Rent. Commencing on the first Additional Renewal Term, total annual Rent shall equal 115% of the total annual Rent paid in the immediately preceding 5-year term. Throughout the remaining Additional Renewal Terms, total annual Rent shall equal 115% of the total annual Rent paid in the first Additional Renewal Term. In accordance with Section 5 of the Agreement, Lessee shall continue to pay 10% of any rentals obtained by Lessee from subleases, licenses or similar agreements whereby other telecommunications providers co-locate on the Tower. 3. Notices. Section 20 of the Agreement is hereby deleted in its entirety and replaced with the following: Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows(or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Augusta,Georgia Office of the Mayor Augusta,Georgia 30901 LESSEE: Verizon Wireless of the East LP d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 4. Except as modified by this Amendment,the Agreement shall remain unmodified and in full force and effect and Lessor and Lessee shall be bound by all of the original terms and conditions of the Agreement. 5. This Amendment shall be construed and interpreted under and pursuant to the laws of the State of Georgia. 6. This Amendment shall be binding upon and inure to the benefit of Lessor,Lessee,and their respective legal representatives,transferees, successors and assigns. [signatures commence on following page] IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be executed under seal and delivered as of the date first set forth above. "LESSOR" AUGUSTA, GEORGIA, by and through the Augusta, Georgia Commission /4.17- c'7' f 7� ---1_'27 By• �.��ivi� /, Print Name: /��?Yi lei✓) (/ , A •� //�./���;` � 1 Us: Ot- , f ♦ I ggdd ' ': Date: 0 "LESSEE" 6; k.t. e°`.....�,..A4* VERIZON WIRELESS OF THE EAST LP, c'"'OIt�'et �4.�• t d/b/a Verizon Wireless By: Cellco Partnership, its General Partner By: \. __..._. Jinn. t • '4' i ctor-Netwt,, Field Engineering Date: E. /— /(o-/g 27964413v3