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Home My WebLink AboutLease Amendment_02.05.2018Lessor Contract No.: GTP22789 Lessee Fixed Asset No.: 10152803 THIRD AMENDMENT TO SITE LEASE AGREEMENT This Third Amendment (the "Third Amendment') to that certain Site Lease Agreement dated May 31, 2012, by and between GTP Structures I, LLC and New Cingular Wireless PCS, LLC, as amended by that certain First Amendment To Site Lease Agreement dated July 11, 2012, as amended by that certain Second Amendment To Lease dated April 6, 2011 (as amended, the "Agreement'), is made and entered into as of the latter signature date hereof, by and between GTP Acquisition Partners II, LLC, a Delaware limited liability company, as successor -in -interest to the Agreement ("Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Lessee"). RECITALS WHEREAS, Lessee desires to modify its equipment and/or ground space at the Premises described below. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Premises. The Agreement being amended by this Third Amendment is for the Premises identified below: Lessor Site Name/Number: Ft. Pierce i 370808 Lessee Site Name/Number: 10152803 \ Peterson-FP50 / 10152803 2. Modification To Eauit?ment. Notwithstanding anything to the contrary in the Agreement, Lessee's current permitted equipment configuration and ground space under the Agreement is hereby modified to be as set forth on Exhibit 3-1 to SLA attached hereto. 3. Rent Increase. Effective upon the earlier to occur of i) the issue date of the NTP by Lessor; or ii) December 1, 2017, the Rent shall be increased by Six Hundred Sixty and 0/100 Dollars ($660.00) per month (the "Increase"). The Increase for any fractional month at the beginning or end of that period shall be appropriately prorated. The parties agree that the Increase was calculated as follows: Equipment Type Price Per Item Quantity Total Price Oversized replacement antenna 78.4" x 13.3" $60.00 3 $180.00 Hybrid/DC line to .5" $50.00 2 $100.00 Hybrid/DC line to .9" $95.00 4 $380.00 Total "Increase" $660.00 4. Rent Modification for Unauthorized Equipment. Effective on December 1, 2017, the Rent shall be increased by One Hundred and 0/100 Dollars ($100.00) per month (the "RentModifkation"). The Rent Modification for any fractional month at the beginning or end of that period shall be appropriately prorated. The Rent Modification is the increase to the Rent associated with previously unauthorized equipment described in Exhibit 3-1 to SLA attached to this Third Amendment. The Rent Modification was calculated as follows: Lessor Contract No.: GTP22789 Lessee Fixed Asset No.: 10152803 Equipment Type Price Per Item Quantity Total Price AIT run -rate for two 2 16 lb BOBS $100.00 Total "Rent Modification" $100.00 5. Unlicensed Equipment. Lessor and Lessee agree and acknowledge that Lessee shall pay to Lessor within thirty (30) days of receipt of the fully executed originals of this Third Amendment, One Thousand Two Hundred Ninety and 0/ 100 Dollars ($1,290.00) as back rent owed by Lessee to Lessor for the period beginning November 4, 2016 and ending at midnight on November 30, 2017, that two (2) 16 lb BOBs were installed but unlicensed at the Premises. 6. Structural Modifications. Lessor and Lessee mutually agree that structural modifications or repairs shall be made to the Premises on mutually agreeable terms to accommodate Lessee's installation. Lessor and Lessee agree and acknowledge that Lessee shall be responsible for all costs associated with said modifications or repairs. 7. Structural Reclassification Indemnity. For the purposes of this section, a "Dedicated Public Safety Network" is (i) FirstNet or (ii) a network designed specifically for public -safety or first -responder for use in response to emergency situations that is either (a) government -owned or (b) operated by a carrier on behalf of a government entity, hospital, emergency room or similar healthcare facility and contractually required to have network resiliency that would qualify as a "hardened network" as defined in the TIA Standard (ANSFTIA-222-H) approved and submitted for ballot on June 12, 2017, as such standard may be modified from time to time. Lessor and Lessee acknowledge that a Dedicated Public Safety Network may cause a current or future reclassification of Lessor's Tower as a Class III, Risk Category III or Risk Category IV structure, as defined in ANSI/TIA-222-G or ANSLMA-222-K as such standards may be updated from time to time (a "Structural Reclassification"). Notwithstanding anything to the contrary in the Agreement, in the event such a Structural Reclassification resulting in whole or in part from the license of space or operation of Lessee's Communications Equipment for Lessee's Dedicated Public Safety Network is applied to Lessor's Tower, Lessee hereby agrees to indemnify Lessor for all actual and documented costs and expenses of: a. Any modifications to the Tower that are required to restore loading capacity that the Tower loses because of and at the time of the Structural Reclassification (the "Structural Modifications') (which for the avoidance of doubt shall be independent of any obligation of Lessee to pay for Tower modifications required as a result of such Tower exceeding its design specifications as a result of the installation of Lessee's Communications Equipment); and/or b. Lessor's contesting the subject governing body's decision to impose the Structural Reclassification ("Legal Action") (including but not limited to reasonable attorneys' fees and reasonable expert witness fees), including any appeals or litigation, if Lessee has approved that Legal Action. To determine the amount of any lost loading capacity to restore and how to make any Structural Modifications, if required, Lessor and Lessee will use the following process: a. Lessor will generate an as -is structural report as of the Structural Reclassification's date based on the ANSFTIA-222-G or ANSFTIA-222-H standards for Class H or Risk Category H, as applicable ("Class II Report"). Lessor Contract No.: GTP22789 Lessee Fixed Asset No.: 10152803 b. Lessor will generate an as -is structural report as of the Structural Reclassification's date based on the ANSI/ M-222-G or ANSUTIA-222-H standards for Class III, Risk Category III or Risk Category IV towers, as applicable ("Class III Report"). c. The loading difference between the Class H Report and the Class III Report will be the lost loading capacity (the "Lost Capacity"). d. To restore the Lost Capacity and complete the Structural Modifications, if required, Lessor will modify the Tower's structural member that incurred the highest percent stress resulting from the classification / category change giving rise to the Lost Capacity (including but not limited to legs, diagonals, horizontals, plates, bolts, guywires, and shackles), which Lessor will identify by using reasonable and generally accepted engineering practices. Lessor will also modify any other members that incur a stress increase resulting from the classification / category change giving rise to the Lost Capacity if that increase is equal to 90% or more of the increase to the structural member that incurred the highest percent stress. If the increase in percent stress to a foundation(s) is greater than the increase in percent stress to the other tower members, foundations(s) modifications will be made. If the increase in percent stress to non -foundation structural members exceeds the increase in percent stress to the foundation, modifications of the foundation(s) will not be made. Lessee will make a single, one-time payment for the Structural Modifications. Lessee will make that payment within 90 days of its receiving an invoice from Lessor for the completed Structural Modifications; provided however, that Lessee will remain responsible for the cost of tower modification drawings authorized by Lessee but which do not result in a completed Structural Modification. If Lessee or Lessor challenges the decision to impose the Structural Reclassification, Lessor will not make any Structural Modifications during the pendency of that challenge; and if the decision is reversed, withdrawn, or changed, Lessor will promptly reimburse Lessee's payment for the Structural Modifications. Notwithstanding the foregoing, actual costs or expenses associated with Structural Modifications that have been paid or incurred by Lessor, including costs for construction, or costs in preparation of construction (such as costs to prepare tower modification drawings) will not be refunded by Lessor. Lessor hereby represents that it will not advocate for the reclassification of the tower facility to Class Ill, Risk Category III or Risk Category IV to the extent such position would be in conflict with that previously communicated to Lessor by Lessee pursuant to the notice provisions of the Agreement. In the event that a Dedicated Public Safety Network is operating on the Premises in addition to Lessee's Dedicated Public Safety Network at the time the Structural Reclassification occurs, then Lessee will only be responsible for the portion of the actual and documented costs and expenses of the Structural Modifications and Legal Action that is calculated as follows: the amount of Lessee's sail area (measured in square inches) divided by the total sail area utilized by all Dedicated Public Safety Networks operating on the Premises at the time of such Structural Reclassification. In the event Lessor provides Lessee with an invoice and Lessee fails to pay Lessor for Structural Modifications costs within ninety (90) days, Lessor may deduct a corresponding amount of the unpaid costs against the purchase price amounts associated with the next scheduled exercise, or any subsequent exercises, of those certain Purchase Options set forth under Section 35 of the Lease and Sublease dated December 14, 2000 between SBC Wireless, LLC, and Southern Towers, Inc. and Spectra.Site Holdings, Inc. 8. Full Force and Effect. All terms and conditions set forth in the Agreement shall continue in full force and effect unless specifically modified herein. Lessor Contract No.: GTP22789 Lessee Fixed Asset No.: 10152803 9. , Capitalized Terms. Capitalized terms contained herein, unless otherwise defined, are intended to have the same meaning and effect as set forth in the Agreement. [SIGNATURES ON FOLLOWING PAGE] Signed, sealed and delivered in Signed, sealed and delivered in the presence of Lessor Contract No.: GTP22789 Lessee Fixed Asset No.: 10152803 Agreed to and accepted by: LESSOR GTP Acquisition Partners II, LLC, a Delaware limited liability company, By: Margaret Robinson Name: Margaret GGe 1r'i GOi Title: Date: °, -- 5 —%c?— Agreed to and accepted by: LESSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Name: Title: +o-, 9 r et-4-6;. Date: >/30%l Lessor Contract No.: GTP22789 Lessee Fixed Asset No.: 10152803 Exhibit 3-1 to SLA Exhibit 3-1 to SLA Customer Name: AT&T MOBILITY ATC Asset Name: FL Pierce ATC Asset M 370808 Customer Site Name: 10152W3 \ Peterson-FP50 Customer She #: 10162803 ,,,77 77777 Total rase Area Sq. Ft 275.00' Primary Contlaucas Lease Area L:20.00' W:11.50' H: Sq. Ft 230.00 Customer Building 20.00' 11.W N/A 220.00 Outside Primary Lease Area WA N/A WA Sq. Ft 45.00 Generate AREA 9.00' 5.00' WA 45.00 (Generator. Stand Atone Fuel Tank Size(gal): 0.01 Fuel Type: Diesel Fuel Tank Sethack(radius): WA I Power Provided! By: Utility Company Direct Tolcolll nterconnect WA 1 Type: WA Quantity: WA TX Power(watts): WA ERP(watts): WA 777 Type PANEL PANEL BOB/SSB BOB/SSB RRU/RRH RRU/RRH Manufacturer Kadvein Scala Kathrekr Scala Raycsp RWW Ericsson Erksaon Model # SW 10765 K 80010885 DC648.80-18,8F DC2484XW-9E RRU11 RRUS 32 B2 Dimensions NxWxD 75.5" x 11.8" x 6" 78.4" x 13.3" x 6.7" 23.5" x 9.7" x 9.7" 10.3" x 10.3" x 6.2" 23.6" x 15" x 11.5" 27.2" x 12.1" x 7" Weight(lbs.) 61.8 66.1 20.0 16.0 63.9 53.0 Location Tower Tower Towner Tower Tower Tower RAD Center AGL 125.0 125.0' 125.9 125.0' 125.0' 125.0 Antenna Tip Height 128.1' 128.3' 126.0' 125.4' 126.0' 128.1' Antenna Base Heigh 121.9 121.7' 124.0' 124.9 124.0' 123.9 Mount Type Sector Frame Sector Frame Sector Frame Sector Frame Sector Frame Sector Frame Quantity 6 3 2 2 9 3 AzimudiaMr. of Radiation 0/120/240 0/1201240 0/120/240 01120240 0/120t240 0/120240 Quard. Per AzimutMSector 202 1/1/1 2/0/0 21W 3/3/3 1t1/1 TX'RX Frequency MHz MHz WA WA WA WA Units 734-740,740• 734-740,740- TX Frequency 746,868.891,1945- 746,868-891,1945• WA WA WA WA 19%.19W 1959,1966- 1970,1985.1990 1970,1985-1990 704-710,710- 704-710,710- RX Frequency 716,716-722,824- 716,716.722,824- WA WA WA WA 846,186&1870,1885 846,1866-1870,1885 189 D,1 905- 1910 1890,1905.1910 Using UMicamsed No No No No No No Frequencies? Antenna Gain 132113 6.9/ See Comments WA 1 13.4/ 15.6.15.9 WA 18.4/ 15.9 4115. Total # of Lbws 0 0 3 0 8 4 Line Quant Per WA WA 1/1/1 WA 2/4/2 211/1 AzimuduSector Line Type WA WA Control Cable WA Control Cable Fiber/Hybrid Una Diameter Size WA WA 3Ar (0.38"- 9.5mm) WA 0.7W (19.7mm) 8 0.39" (10mm) Fiber RET Control Cable AWG 6 Trunk Line Configuration WA WA WA WA WA WA ReVW0014MA700810