ࡱ> \^[#` 5bjbjmm 7V-'zzzzzzz"""8"4"#LF)z#z#(###$$$((((((($<*h,@(z$}$$$$(zz##)1'1'1'$dz#z#(1'$(1'1'zz1'#n# @(u"$d1'(4)0F)1',I%,1',z1'`$$1'$$$$$((&d$$$F)$$$$rDrzzzzzz FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement (First Amendment) is made and entered into effective as of the Effective Date (as such term is defined on the signature page of this First Amendment) by and between THE CITY OF HAMPTON, herein called City and CROWN COMMUNICATION INC., a Delaware corporation (successor-in-interest to NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (AT&T Mobility)), herein called COMPANY. WITNESSETH WHEREAS, City and AT&T Mobility entered into that certain Lease Agreement effective November 7, 2007 (Lease), whereby the City leased to AT&T Mobility and AT&T Mobility leased from the City a forty (40) foot x forty (40) foot portion (Leased Premises) of certain real property owned by the City commonly known as 1590 Briarfield Road (Property) located in the City of Hampton, Commonwealth of Virginia, as described more fully in the Lease, for the purpose of installing, maintaining and operating a communications antenna facility consisting of a monopole structure (Tower), along with cables, antennas, accessory buildings and cabinets, together with rights of access and utilities thereto; and WHEREAS, pursuant to the terms of that certain Assignment and Assumption of Lease Agreement by and between Crown, AT&T Mobility and the City, dated December 31, 2007, AT&T Mobility assigned all of its rights, title and interest in and to the Lease to Crown; WHEREAS, in order to maximize co-location on the Tower, Crown requires additional ground space at the base of the Tower, which is outside of the original Leased Premises; WHEREAS, by motion made and adopted _______________________, 2009, the City authorized the lease of additional real property located on the Property, but outside of the original Leased Premises to Crown; and WHEREAS, the City and Crown wish to modify the Lease to increase the size of the Leased Premises to allow for the maximum number of users to install and operate antennas on the Tower. NOW THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Crown agree to amend the Lease as follows: 1. As of the Effective Date of this First Amendment, the Leased Premises described and depicted on Exhibits A and A-1 of the Lease are hereby replaced with the Leased Premises described and depicted on Exhibits A and A-1, attached hereto and incorporated herein by reference, which include the original leased premises and the additional leased premises, together with the existing access and utility easements. Thereafter, all references to the Leased Premises, will be to the Leased Premises described and depicted on Exhibits A and A-1 of this First Amendment. 2. The parties agree that the existing landscaping described in Section 5(b) of the Lease and meeting the requirements of the Citys Zoning Ordinance will be removed and replanted outside the expanded Leased Premises in the same manner as it was originally planted, or as modified and approved as part of site plan review. 3. The parties agree to execute a memorandum of this First Amendment, substantially in the form of Exhibit B, attached hereto and incorporated herein by reference, which instrument shall be recorded in the land records of the City of Hampton to put third parties on notice of Crowns rights in and to and use of the expanded Leased Premises. 4. Capitalized terms set forth in this First Amendment shall have the same meaning as the capitalized terms set forth in the Lease, except as modified by this First Amendment. 5. The City and Crown agree that this First Amendment shall modify no other provisions of the Lease. Except as modified or supplemented by this First Amendment, the Lease shall remain in full force and effect in accordance with its terms. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES ON FOLLOWING PAGES.] IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the dates indicated below their respective signatures and seals, the later of such dates being hereby defined as the "Effective Date" of this First Amendment. CITY: CITY OF HAMPTON THE CITY OF HAMPTON, VIRGINIA OFFICE OF THE CITY ATTORNEY a Political Subdivision of the Approved as to legal form and sufficiency Commonwealth of Virginia Date: _________________________ _______________________________ By: _____________________________ Senior Deputy City Attorney Mayor ATTEST: _______________________________ Katherine K. Glass, Clerk COMMONWEALTH OF VIRGINIA City of Hampton, to wit: I, _______________________________________________, a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that Molly Joseph Ward, Mayor of the City of Hampton, Virginia, whose name is signed to the foregoing writing bearing date on the ______ day of ___________________, 2009, has this day acknowledged the same before me in the City and Commonwealth aforesaid. She is personally known to me. Given under my hand this _______ day of __________________, 2009. My Commission Expires: ____________ ________________________________ Notary Public Registration No: ___________________ COMMONWEALTH OF VIRGINIA City of Hampton, to wit: I, _______________________________________________, a Notary Public in and for the City and Commonwealth aforesaid, do hereby certify that Katherine K. Glass, Clerk of Council for the City of Hampton, Virginia, whose name is signed to the foregoing writing bearing date on the ______ day of ___________________, 2009, has this day acknowledged the same before me in the City and Commonwealth aforesaid. She is personally known to me. Given under my hand this _______ day of __________________, 2009. My Commission Expires: ____________ ________________________________ Notary Public Registration No: ___________________ CROWN: CROWN COMMUNICATION INC. By: _________________________ Print Name: ___________________ Title: ________________________ Date: ________________________ State of ___________ City/County of ______________, to wit: I, _______________________________________________, a Notary Public in and for the City and State aforesaid, do hereby certify that ________________________________, ________________________ of Crown Communication Inc., whose name is signed to the foregoing writing bearing date on the ______ day of ___________________, 2009, has this day acknowledged the same before me in the City and State aforesaid. He/She is personally known to me, or has produced _________________________ as identification. Given under my hand this _______ day of __________________, 2009. ________________________________ Notary Public Registration No: ___________________ My Commission Expires: ___________ EXHIBIT A TO FIRST AMENDMENT TO LEASE AGREEMENT LEGAL DESCRIPTION OF LEASED PREMISES Original Leased Premises Commencing at a point being the northeastern corner of property owned by the City of Hampton, Parcel id# 01c016 00 00000PC4, as referenced on plat recorded in deed book 471, at page 271; thence along the eastern property line of subject property South 07 degrees 47 minutes 50 seconds East a distance of 481.75 feet to a point; thence South 07 degrees 33 minutes 20 seconds East a distance of 223.48 feet to a point; thence along a survey tie line North 67 degrees 14 minutes 42 seconds West a distance of 266.33 feet to a point, said point being the southeastern corner of a proposed 40 x 40 lease area and being the place of beginning; thence along lease lines the following courses South 82 degrees 18 minutes 32 seconds West a distance of 40.00 feet to a point; thence North 07 degrees 41 minutes 28 seconds West a distance of 40.00 feet to a point; thence North 82 degrees 18 minutes 32 seconds East a distance of 40.00 feet to a point; thence South 07 degrees 41 minutes 28 seconds East a distance of 40.00 feet to a point, said point being the place of beginning and containing 1,600 s.f. of land. Additional Leased Premises Commencing at a point being the northeastern corner of property owned by the City of Hampton, Parcel ID # 01c016 00 00000PC4, as referenced on plat recorded in Deed Book 471, at Page 271; thence along the eastern property line of subject property South 07 degrees 47 minutes 50 seconds East a distance of 481.75 feet to a point; thence South 07 degrees 33 minutes 20 seconds East a distance of 223.48 feet to a point; thence along a survey tie line North 66 degrees 05 minutes 23 seconds West a distance of 246.10 feet to a point, said point being the place of beginning; thence along lease lines the following courses; thence South 82 degrees 18 minutes 32 seconds West a distance of 80.00 feet to a point; thence North 07 degrees 41 minutes 28 seconds West a distance of 46.00 feet to a point; thence North 82 degrees 18 minutes 32 seconds East a distance of 20.00 feet to a point; thence South 07 degrees 41 minutes 28 seconds East a distance of 40.00 feet to a point; thence North 82 degrees 18 minutes 32 seconds East a distance of 40.00 feet to a point; thence North 07 degrees 41 minutes 28 seconds West a distance of 14.00 feet to a point; thence North 82 degrees 18 minutes 32 seconds East a distance of 20.00 feet to a point; thence South 07 degrees 41 minutes 28 seconds East a distance of 20.00 feet to a point, said point being the place of beginning and containing 1,560 s.f. of land. 20 Access Easement Commencing at a point being the southeastern corner of a proposed 40 x 40 lease area; thence along the southern end of a proposed 20 access easement North 82 degrees 18 minutes 32 seconds East a distance of 7.50 feet to a point, said point being the beginning and centerline of a proposed 20 access easement; thence along the centerline of said easement North 07 degrees 41 minutes 28 seconds West a distance of 87.93 feet to a point; thence North 11 degrees 06 minutes 19 seconds East a distance of 102.91 feet to a point; thence North 07 degrees 15 minutes 11 seconds West a distance of 62.26 feet to a point; thence South 82 degrees 44 minutes 49 seconds West a distance of 18.63 feet to a point; thence along a curve to the right having a radius of 55.00 feet and an arc length of 86.70 feet to a point; thence North 06 degrees 55 minutes 59 seconds West a distance of 273.24 feet to a point, said point being situated on the southern right-of-way line of Briarfield Road and being the end of said 20 access easement. EXHIBIT A TO FIRST AMENDMENT TO LEASE AGREEMENT (contd) 5 Utility Easement Commencing at a point being the northeastern corner of a proposed 40 x 40 lease area; thence along the eastern end of a proposed 5 utility easement North 07 degrees 41 minutes 28 seconds West a distance of 2.50 feet to a point, said point being the beginning and centerline of a proposed 5 utility easement; thence along the centerline of said 5 utility easement South 82 degrees 18 minutes 32 seconds West a distance of 67.68 feet to a point; thence North 07 degrees 40 minutes 38 seconds West a distance of 494.65 feet to a point; thence North 83 degrees 39 minutes 45 seconds West a distance of 89.10 feet to a point, said point being the end of said 5 utility easement. EXHIBIT A-1 TO FIRST AMENDMENT TO LEASE AGREEMENT PLAT OF LEASED PREMISES [Attach drawings depicting Leased Premises] EXHIBIT B TO FIRST AMENDMENT TO LEASE AGREEMENT [Attach Memorandum of First Amendment to Lease Agreement]     PAGE 2 PAGE 2 #$&>Mj    # ) ; ? 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