Orange County NC Website
i <br /> landscaping or preservation scheme regarding vegetation surrounding the Premises (a <br /> "Vegetative Buffer") , Lessor hereby agrees to such proposal and to comply with the <br /> terms of such Vegetative Buffer requirement, including the timely execution of any <br /> additional documents necessitated thereby , for the Term and any Renewal Term (s) of this <br /> Lease , at no additional cost to Lessor . Lessor shall be responsible, at Lessor ' s cost, for <br /> the maintenance and replacement , if necessary, of vegetation that is existing within such <br /> Vegetative Buffer at the time such Vegetative Buffer is required as a condition of the <br /> Government Approval . Lessee and Lessor hereby agree that Lessee shall be responsible, <br /> at Lessee ' s cost, for the installation and maintenance , during the Term and any Renewal <br /> Term (s) of this Lease , of any supplemental plantings required by such Government <br /> Approval (the " Supplemental Landscaping") . Lessor hereby consents to Lessee ' s <br /> installation and maintenance of the Supplemental Landscaping and hereby grants Lessee <br /> sufficient easement rights over, under and across the Parent Parcel as reasonably <br /> necessary to accomplish the same , whether or not such Supplemental Landscaping is <br /> located within the Premises . " <br /> The remainder of Paragraph 2 remains unchanged . <br /> 4. Use of the to ►ver by Lessor. Paragraph 6 of the Agreement is hereby modified to <br /> add the following sub -paragraph as Paragraph 6 (e) : <br /> "Pursuant to Orange County Zoning Ordinance § 5 . 10 . 6 , Lessor may collocate its wireless <br /> facilities on the tower at no charge to the Lessor. Lessee shall provide accommodation for <br /> installation of any Lessor service/safety cellular and/or wireless equipment on the tower as <br /> reasonably requested by Lessor, in a location determined by Lessee . Such installation shall be <br /> rent free , provided that Lessor shall be responsible for the cost of procurement, installation and <br /> maintenance of the equipment and utility consumption . Lessee shall also provide ground space <br /> for Lessor ' s ground equipment within the Premises . " <br /> The remainder of Paragraph 6 remains unchanged . <br /> 5. Agreement /it Full Force. Except as expressly amended hereby , all terms and <br /> conditions of the Agreement shall remain in full force and effect, and , in the event of <br /> any inconsistencies between this Amendment and the terms of the Agreement, the <br /> terms set forth in this Amendment shall govern and control . The covenants , <br /> representations and conditions in the Agreement are mutual and dependent . <br /> 6. Counterparts. This Amendment may be executed in one or more counterparts <br /> which shall be construed together as one document . <br /> z Successors and Assigns. Upon full execution by Lessee and Lessor, this <br /> Amendment (i) shall be binding upon and shall inure to the benefit of each of the <br /> parties and their respective successors, assigns , receivers and trustees ; and ( ii) may be <br /> modified or amended only by a written agreement executed by each of the parties . <br /> NC0326 First Amendment <br /> Page 2 <br />