Orange County NC Website
I <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 /> Co Whereas , Lessor and Lessee desire to amend the Agreement tw (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 13 - 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 <br />