THIRD AMENDMENT TO TOWER LEASE AGREEMENT

Transcription

1 Market: South/TN-KY Cell Site Number: CR1123 Fixed Asset Number: THIRD AMENDMENT TO TOWER LEASE AGREEMENT THIS THIRD AMENDMENT TO TOWER LEASE AGREEMENT ( Third Amendment ), dated as of the latter of the signature dates below, is by and between the City of Millington, Tennessee, a municipal corporation, having a mailing address of 7930 Nelson Street, Millington, TV ( Lessor ) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Suite 13-F West Tower, Atlanta, GA ( Lessee ). WHEREAS, Lessor and Lessee entered into a Tower Lease Agreement dated April 8, 1996, which Agreement was amended by First Amendment to Tower Lease Amendment dated October 28, 1996, which Agreement was amended by Second Amendment to Tower Lease Amendment dated April 19, 2012 whereby Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property located at 7938 Church Street, City of Millington, County of Shelby, State of Tennessee (collectively, the "Agreement"); and WHEREAS, Lessor and Lessee desire to amend the Agreement to allow for the installation of additional antennas, associated cables and other communications instruments; and WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Additional Antennas. In addition to the other antennas permitted in the Agreement, Lessor consents to the installation and operation of additional antennas, associated cables and equipment as more completely described on attached Exhibit A-1. Lessor s execution of this Amendment will signify Lessor s approval of Exhibit A Rent. Commencing on the first day of the month following the date that Lessee commences construction of the modifications set forth in this Amendment, Rent shall be increased by One Hundred Dollars ($100.00) per month, subject to further adjustments as provided in the Agreement. Upon Lessee s removal of additional antennas, Rent will revert to the original rate, subject to adjustments as provided in the Agreement, upon thirty (30) days prior written notice to Lessor. 3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. 1

2 Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. 5. Notices. Section 21 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. If to Lessor: If to Lessee: City of Millington 7930 Nelson Street Millington, TN Attn: City Clerk New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation, Attn: Network Real Estate Administration Re: Cell Site # CR1123 Fixed Asset #: Morosgo Drive NE Atlanta, Ga With the required copy of legal notice sent to Lessee at the address above, a copy to the Legal Department: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Network Counsel Re: Cell Site # CR1123 Fixed Asset #: S. Akard Street Dallas, TX A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 2

3 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this First Amendment on the dates set forth below. LESSOR City of Millington, Tennessee, a municipal corporation By: Name: Title: Date: LESSEE New Cingular Wireless PCS, LLC, a Delaware limited liability company, By: AT&T Mobility Corporation Its: Manager By: Name: Title: Date: 3

4 LESSOR ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) CORPORATE ACKNOWLEDGEMENT ) I CERTIFY that on, 20, [name of representative] personally came before me and acknowledged under oath that he or she: (a) is the [title] of [name of corporation], the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public My Commission Expires: LESSEE ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) CORPORATE ACKNOWLEDGEMENT ) I CERTIFY that on, 20, [name of representative] personally came before me and acknowledged under oath that he or she: (a) is the [title] of [name of corporation], the corporation named in the attached instrument, (b) (c) was authorized to execute this instrument on behalf of the corporation and executed the instrument as the act of the corporation. Notary Public My Commission Expires: 4

5 EXHIBIT A-1 Equipment Specifications PROPOSED LOADING (3) SBNHH-1D65C antennas (3) KRC antennas (3) Ericsson RRUS 11, (3) RRUS 32, (3) A2 Modules, (1) DC F Raycap Splitter, (2) DC E Raycap Surge Suppression Systems, (1) 3/8 Fiber Cable, (2) ¾ Power Cables, (4) Cantex mini junction boxes FINAL LOADING (6) DBXLH-9090C-R2M (3) SBNHH-1D65C antennas (3) KRC antennas (6) Ericsson RRUS 11 (3) RRUS 32 (3) A2 Modules (2) DC F Raycap Splitter (4) DC E Raycap Surge Suppression Systems (2) 3/8 Fiber Cable (3) ¾ Power Cables (4) Cantex mini junction boxes (12) 1-1/4 Coax (12) Andrew E15Z01P04 TMAs