HomeMy WebLinkAboutOTHER-2025-050-Lease Amendment for the Communications Tower at 3605 Walnut Grove Church road hillsborough I
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT ("Amendment") is
entered as of the later of the signature dates below by and between Orange County , North
Carolina ("Lessor") and TowerCo VI, LLC , a Delaware limited liability company ("Lessee") .
RECITALS
A . Whereas, Lessor and TowerCo 2013 LLC are parties to that certain Ground Lease
Agreement dated July 19 , 2024 (the "Agreement") ,
B . Whereas, TowerCo 2013 LLC assigned all of its rights , title and interest in the
Agreement to Lessee via an Assignment and Assumption Agreement and a Bill of
Sale, both dated September 23 , 2024 ;
Co Whereas , Lessor and Lessee desire to amend the Agreement tw (i) relocate the
location of the Premises , (ii) increase the size of the ground space from 10 , 000
square feet to 19,200 square feet ; (iii) increase the size of the Easements to forty
(40 ' ) feet; (iv) add a landscaping buffer ; and (v) allow for the Lessor to have
space on the tower for its service/safety cellular and/or wireless equipment .
NOW , THEREFORE, for and in consideration of the promises and mutual covenants
herein contained and other good and valuable consideration , the receipt and sufficiency of which
is hereby acknowledged , the parties hereby agree to amend the Agreement as follows :
1. Location of the Premises. The location of the Premises (including the Easements)
is hereby relocated, as provided in Exhibit B - 1 , attached hereto and incorporated
herein . Furthermore, the width of the Easements is increased to forty (40 ' ) feet .
Exhibit 13 - 1 hereby modifies the location of the Premises , and the width of the
Easements , as depicted in Exhibit B in the Agreement . Exhibit B - 1 replaces and
supersedes Exhibit B to the Agreement .
2. Size of Premises. The second sentence of Paragraph 1 of the Agreement
(Premises) is deleted in its entirety and replaced with the following :
"Lessor hereby leases to Lessee and Lessee leases from Lessor approximately Nineteen Thousand
Two Hundred ( 19,200) square feet of the Parent Parcel (" Ground Space") and all access and
utility easements if any ("Easements "), (the Ground Space and the Easements shall collectively
be referred to as the "Premises") as described in Exhibit B - 1 annexed hereto . "
3. Landscape Buffer. Paragraph 2 of the Agreement is hereby modified by adding
the following sub -paragraph :
" In the event that any such Government Approval shall require, as a condition of such
Government Approval being granted or maintained , or in the event that it is reasonably
advisable for Lessee to propose during the application process for such Government
Approval , the establishment and/or maintenance of a tree buffer easement or other similar
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landscaping or preservation scheme regarding vegetation surrounding the Premises (a
"Vegetative Buffer") , Lessor hereby agrees to such proposal and to comply with the
terms of such Vegetative Buffer requirement, including the timely execution of any
additional documents necessitated thereby , for the Term and any Renewal Term (s) of this
Lease , at no additional cost to Lessor . Lessor shall be responsible, at Lessor ' s cost, for
the maintenance and replacement , if necessary, of vegetation that is existing within such
Vegetative Buffer at the time such Vegetative Buffer is required as a condition of the
Government Approval . Lessee and Lessor hereby agree that Lessee shall be responsible,
at Lessee ' s cost, for the installation and maintenance , during the Term and any Renewal
Term (s) of this Lease , of any supplemental plantings required by such Government
Approval (the " Supplemental Landscaping") . Lessor hereby consents to Lessee ' s
installation and maintenance of the Supplemental Landscaping and hereby grants Lessee
sufficient easement rights over, under and across the Parent Parcel as reasonably
necessary to accomplish the same , whether or not such Supplemental Landscaping is
located within the Premises . "
The remainder of Paragraph 2 remains unchanged .
4. Use of the to ►ver by Lessor. Paragraph 6 of the Agreement is hereby modified to
add the following sub -paragraph as Paragraph 6 (e) :
"Pursuant to Orange County Zoning Ordinance § 5 . 10 . 6 , Lessor may collocate its wireless
facilities on the tower at no charge to the Lessor. Lessee shall provide accommodation for
installation of any Lessor service/safety cellular and/or wireless equipment on the tower as
reasonably requested by Lessor, in a location determined by Lessee . Such installation shall be
rent free , provided that Lessor shall be responsible for the cost of procurement, installation and
maintenance of the equipment and utility consumption . Lessee shall also provide ground space
for Lessor ' s ground equipment within the Premises . "
The remainder of Paragraph 6 remains unchanged .
5. Agreement /it Full Force. Except as expressly amended hereby , all terms and
conditions of the Agreement shall remain in full force and effect, and , in the event of
any inconsistencies between this Amendment and the terms of the Agreement, the
terms set forth in this Amendment shall govern and control . The covenants ,
representations and conditions in the Agreement are mutual and dependent .
6. Counterparts. This Amendment may be executed in one or more counterparts
which shall be construed together as one document .
z Successors and Assigns. Upon full execution by Lessee and Lessor, this
Amendment (i) shall be binding upon and shall inure to the benefit of each of the
parties and their respective successors, assigns , receivers and trustees ; and ( ii) may be
modified or amended only by a written agreement executed by each of the parties .
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8. Recitals , The recitals at the beginning of this Amendment are incorporated in and
made a part of this Amendment ,
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(SIGNATURES APPEAR ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the later of the
signature dates below .
LESSOR ;
ORANGE COUNTY , NORTH CAROLINA
By ;
Name ;
IF IF
Title ;
Dates '� ^
LESSOR ACKNOWLEDGEMENT ,
STATE OF NORTH CAROLINA )
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COUNTY OF ORANGE ) j
a Notary Public do hereby certify that
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� k 0 -� , —[Name] personally came before me this day and acknowledged
that he/she is the (` , [Title] of Orange County , North Carolina , and that
he/she , as nAq 1 [Title] being authorized to do so , executed the
foregoing on behalf of the sai county .
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This the ( " day of L\ (1 , 2025 .
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LESSEE :
TOWERCO VI , LLC, a Delaware limited liability company
By :
Name : Mike Smith
Title : CFO
Date : 7 �g �aS
LESSEE ACKNOWLEDGEMENT :
STATE OF NORTH CAROLINA )
COUNTY OF WAKE )
I, I \ C . HAN p �� , a Notary Public do hereby certify that Mike Smith personally
came before me this day and acknowledged that he is the CFO of TowerCo VI , LLC, a Delaware
limited liability company, and that he, as CFO being authorized to do so , executed the foregoing
on behalf of the said limited liability company .
This the 1 day of J 0 , 2025 .
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Notar Public '
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My commission expires : ! a (� , S (seal)
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