Second amendment to ground and water tank lease agreement this second amendment to ground and water tank lease agreement



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AT&T Cell Site #: NF187

AT&T FA#: 10068025

AT&T Market: VA-WV


SECOND AMENDMENT TO

GROUND AND WATER TANK LEASE AGREEMENT

THIS SECOND AMENDMENT TO GROUND AND WATER TANK LEASE AGREEMENT (“Amendment”), dated as of the latter of the signature dates below, is by and between Town of Nags Head, North Carolina, having a mailing address of 5401 S. Croatan Highway, PO Box 99, Nags Head, NC 27959 (“Owner”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (“Tenant”).
WHEREAS, Owner and Tenant are parties to a Ground and Water Tank Lease Agreement dated November 3, 1999, whereby Owner leased to Tenant certain Premises therein described, commonly known as the South Water Tank (the "Lease"); and
WHEREAS, the term of the Lease was extended under that certain First Amendment to Ground and Water Tank Lease dated May 22, 2006, by the addition of Renewal Terms designated as the fifth through ninth Renewal Terms; and

WHEREAS, the term of the Lease is due to expire on May 31, 2011, at the end of the ninth Renewal Term; and
WHEREAS, Owner and Tenant desire to amend the Lease to extend the term and adjust the rent; and
WHEREAS, Owner and Tenant desire to amend the Lease to modify the notice section thereof; and

WHEREAS, Owner and Tenant, in their mutual interest, wish to amend the Lease 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, Owner and Tenant agree as follows:

1. Term. A tenth Renewal Term shall commence June 1, 2011 and shall last for twelve months, ending on May 31, 2012. Thereafter, the Lease shall automatically renew for four (4) additional, successive one-year Renewal Terms.


3. Rent. Paragraph 4 of the Lease is hereby amended as follows: Effective upon commencement of the tenth Renewal Term, the monthly rent shall be $2,318.55. Upon commencement of each succeeding Renewal Term, rent shall be increased by three percent (3%) over the rent paid during the preceding Renewal Term.
4. Notices. Paragraph 13 is amended to delete Tenant's address for receipt of notices under the Lease and replace it with the following:
New Cingular Wireless PCS, LLC

Attn: Network Real Estate Administration

Re: Cell Site # NF187 / FA# 10068025 (VA-WV)

12555 Cingular Way, Suite 1300

Alpharetta, GA 30004
with a copy to:
New Cingular Wireless PCS, LLC

Attn: Legal Department

Re: Cell Site # NF187 / FA# 10068025 (VA-WV)

340 Mt. Kemble Ave.

Morristown, NJ 07960-6656

5

. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Amendment.


7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease.

IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below.




OWNER:
Town of Nags Head, North Carolina
By: _______________________

Name: Robert O. Oakes, Jr.

Its: Mayor

Date: ________________________

Attest:

_____________________________

Carolyn F. Morris, Town Clerk

TENANT:
New Cingular Wireless PCS, LLC

By: AT&T Mobility Corporation, Its Manager


By: _______________________

Name: David C. Tuck

Its:

Area Manager,



Real Estate and Construction

Date: ________________________

Attest:

___________________________________



Carol A. Murphy, Field Real Estate Manager

TENANT ACKNOWLEDGEMENT

COMMONWEALTH OF VIRGINIA, )

)ss:

COUNTY OF HENRICO )


On the _____ day of ______________________, 201____ before me personally appeared David C. Tuck, and acknowledged under oath that he is the Area Manager, Real Estate and Construction, of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant.
_________________________________________

Notary Public

My Commission Expires: ____________________

Registration Number:




OWNER ACKNOWLEDGEMENT

STATE OF NORTH CAROLINA )

)ss:

TOWN OF HAGS HEAD )


On the _____ day of ______________________, 201______ before me personally appeared Bob Oates, and acknowledged under oath that he is the Mayor of the Town of Nags Head, North Carolina, the Owner named in the attached instrument and as such was authorized to execute this instrument on behalf of the Owner.

_________________________________________

Notary Public

My Commission Expires: ____________________



Registration Number:
# 3755983_v1

NF187 / Second Amendment

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