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<br /> SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
<br /> THIS SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT ("Second
<br /> Amendment") is made effective this day of , 2018 ("Effective Date"), by
<br /> and between the CHAPEL HILL— CARRBORO CITY SCHOOLS BOARD OF EDUCATION
<br /> ("Landlord"), with a mailing address of 750 S. Merritt Hill Road, Chapel Hill, North Carolina
<br /> 27516, NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and
<br /> the successor by merger with BellSouth Personal Communications LLC, a Delaware limited
<br /> liability company, dated December 31, 2004, for itself and as general partner of BELLSOUTH
<br /> CAROLINAS PCS, L.P., a Delaware limited partnership ("Tenant"), with a mailing address of
<br /> New Cingular Wireless PCS, LLC, Suite 13-F West Tower, 575 Morosgo Drive, Atlanta,
<br /> Georgia 30324, and ORANGE COUNTY, NORTH CAROLINA ("Property Owner"), with a
<br /> mailing address of P.O. Box 8181, Hillsborough,North Carolina 27278.
<br /> WHEREAS, Landlord and BellSouth Carolinas PCS, L.P., a Delaware limited liability
<br /> company, d/b/a BellSouth Mobility DCS ("BellSouth"), entered into that certain Option and
<br /> Lease Agreement dated November 6, 1998 (as amended and assigned, the "Agreement"),
<br /> whereby Original Landlord leased to BellSouth a portion of that property (said leased portion
<br /> being the "Property") located at 225 Culbreth Road (Parcel ID # 9777-99-9032), Chapel Hill,
<br /> Orange County, North Carolina, which property is described in Book 5743, Page 496 in the
<br /> Orange County Register of Deeds ("Registry"), together with those certain access, utility and/or
<br /> maintenance easements and/or rights of way granted in the Agreement. The Agreement is
<br /> evidenced by, and the Property is described in, that Memorandum and Amendment of Lease
<br /> ("First Amendment") recorded on January 22, 1999, in Book 1861, Page 586 of the Registry,
<br /> which amended the description of the Property and established the commencement date of the
<br /> Agreement as November 19, 1998; and
<br /> WHEREAS, Landlord conveyed its right, title, and interest in the Property to Property
<br /> Owner pursuant to that North Carolina General Warranty Deed recorded on January 15, 2014, in
<br /> the Registry in Book 5743, Page 496; and
<br /> WHEREAS, Property Owner and Landlord entered into that certain Lease recorded on
<br /> January 15, 2014 ("Orange County Lease"), in the Registry in Book 5743, Page 518, whereby
<br /> Property Owner leased the underlying property, which contains the Property, to Landlord; and
<br /> WHEREAS, Property Owner and Landlord have entered into an Assignment Agreement
<br /> of even date herewith, whereby Property Owner assigned all of its right, title and interest in the
<br /> Agreement to Landlord; and
<br /> WHEREAS, the term of the Agreement commenced on November 19, 1998, and has an
<br /> original term, including all extension terms, that will expire on November 18, 2023 ("Original
<br /> Term"), and Landlord and Tenant now desire to amend the terms of the Agreement to provide
<br /> for additional extension terms beyond the Original Term, and to make other changes.
<br /> NOW THEREFORE, in exchange for the mutual promises contained herein, Landlord,
<br /> Tenant and Property Owner agree to amend the Agreement as follows:
<br /> Site Name: Chapel Hill 368-207
<br /> Crown BU: 813283
<br /> Cingular Site: 10017380 1
<br /> PPAB 4180506V3
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