Orange County NC Website
Browse       Search
2 <br /> FIRST AMENDMENT TO GROUND LEASE AGREEMENT <br /> THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT ("Amendment") is <br /> entered as of the later of the signature dates below by and between Orange County, North <br /> Carolina("Lessor") and TowerCo VI, LLC, a Delaware limited liability company("Lessee"). <br /> RECITALS <br /> A. Whereas, Lessor and TowerCo 2013 LLC are parties to that certain Ground Lease <br /> Agreement dated July 19, 2024 (the "Agreement"); <br /> B. Whereas, TowerCo 2013 LLC assigned all of its rights, title and interest in the <br /> Agreement to Lessee via an Assignment and Assumption Agreement and a Bill of <br /> Sale, both dated September 23, 2024; <br /> C. Whereas, Lessor and Lessee desire to amend the Agreement to: (i) relocate the <br /> location of the Premises, (ii) increase the size of the ground space from 10,000 <br /> square feet to 19,200 square feet; (iii) increase the size of the Easements to forty <br /> (40') feet; (iv) add a landscaping buffer; and (v) allow for the Lessor to have <br /> space on the tower for its service/safety cellular and/or wireless equipment. <br /> NOW, THEREFORE, for and in consideration of the promises and mutual covenants <br /> herein contained and other good and valuable consideration, the receipt and sufficiency of which <br /> is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: <br /> 1. Location of the Premises. The location of the Premises (including the Easements) <br /> is hereby relocated, as provided in Exhibit B-1, attached hereto and incorporated <br /> herein. Furthermore, the width of the Easements is increased to forty (40') feet. <br /> Exhibit B-1 hereby modifies the location of the Premises, and the width of the <br /> Easements, as depicted in Exhibit B in the Agreement. Exhibit B-1 replaces and <br /> supersedes Exhibit B to the Agreement. <br /> 2. Size of Premises. The second sentence of Paragraph 1 of the Agreement <br /> (Premises) is deleted in its entirety and replaced with the following: <br /> "Lessor hereby leases to Lessee and Lessee leases from Lessor approximately Nineteen Thousand <br /> Two Hundred (19,200) square feet of the Parent Parcel ("Ground Space") and all access and <br /> utility easements if any ("Easements"), (the Ground Space and the Easements shall collectively <br /> be referred to as the"Premises") as described in Exhibit B-1 annexed hereto." <br /> 3. Landscape Buffer. Paragraph 2 of the Agreement is hereby modified by adding <br /> the following sub-paragraph: <br /> "In the event that any such Government Approval shall require, as a condition of such <br /> Government Approval being granted or maintained, or in the event that it is reasonably <br /> advisable for Lessee to propose during the application process for such Government <br /> Approval, the establishment and/or maintenance of a tree buffer easement or other similar <br /> NC0326 First Amendment <br /> Page 1 <br />