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
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