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Home My WebLink AboutAssignment of Ground LeaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: David C. Bruening EIP Holdings IV, LLC c/o Everest Infrastructure Partners, Inc. Two Allegheny Center Nova Tower 2, Suite 1002 Pittsburgh, PA 15212 (space above for Recorder's use only) ASSIGNMENT OF OPTION AND GROUND LEASE AGREEMENT This ASSIGNMENT OF OPTION AND GROUND LEASE AGREEMENT ("Assignment") is made and entered into this 12' day of March, 2026 ("Effective Date"), by and between EIP HOLDINGS II, LLC, a Delaware limited liability company ("Assignor"), successor -in -interest by merger to COMMUUNICATIONS TOWER GROUP LLC, a Delaware limited liability company ("CTG"), and EIP HOLDINGS IV, LLC, a Delaware limited liability company ("Assignee"). 1VATT l�=100 I :I WHEREAS, Assignor is the current lessee under that certain Option and Ground Lease Agreement initially entered into by and between Southeastern Enterprises Inc., a North Carolina corporation, as lessor and CTG, as lessee, dated March 31, 2021, as amended by that certain First Amendment to Option and Ground Lease Agreement, dated April 12, 2022 (collectively, the "Lease"), with a memorandum of the Option and Ground Lease Agreement recorded on April 1, 2021 as Instrument Number 2021016258, in Book 6431 at Pages 2951-2956, in the New Hanover County, North Carolina records, for the lease of a portion of real property ("Premises"). The Premises thereunder being all or a portion of a parcel located in New Hanover County, North Carolina, commonly referred to as Parcel Number R08500-002-070-000 ("Property"), which Property is more particularly described on Exhibit A, attached hereto and made a part hereof, and WHEREAS, Assignor desires to assign to Assignee all of Assignor's rights, obligations, title, and interest in, to and under the Lease and any other leases or agreements respecting in any way any communications facilities on the Property to which Assignor is a party (collectively "Assigned Agreements") and to convey to Assignee all of Assignor's property situated on the Property, if any, and Assignee desires to accept such assignment and conveyance, in accordance with the terms hereof. AGREEMENT NOW, THEREFORE, in consideration of Ten and 00/100 Dollars ($10.00), the mutual covenants contained herein and other good and sufficient consideration, Assignor and Assignee, intending to be legally bound, hereby agree as follows: Site ID: US1020333 (The Cape Blvd) The recitals set forth above are incorporated herein by reference and made a part of this Assignment. 2. Assignor absolutely and irrevocably sells, transfers, conveys, and delivers to Assignee, and Assignee hereby accepts from Assignor, as of the Effective Date, all of Assignor's rights and interest in connection with the Property and Premises and any access and/or utility easements or licenses thereto, and all of Assignor's governmental permits and the like related thereto, if any. Assignor warrants to Assignee that (i) all rights conveyed hereunder were owned and/or controlled entirely by Assignor immediately prior to the conveyance to Assignee and (ii) Assignor has the right to convey all such rights and interests to Assignee. 3. Assignee hereby assumes all of Assignor's rights, obligations, title, and interest in, to and under the Assigned Agreements accruing on and after the Effective Date. 4. Any reference to "lessor" or "lessee" or the like in this Assignment shall be interpreted broadly to include the appropriate term for such party in the context of the applicable underlying document. For example, but without limitation, if a third party is referred to herein as "lessee", but the applicable underlying document is a license identifying such third party as a licensee, then "lessee" herein shall be deemed to mean "licensee" for such third party. 5. This Assignment may be modified, amended, or otherwise altered only in writing, signed by Assignor and Assignee, or their respective successors or assigns. 6. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors, heirs, executors, administrators, and assigns. This Assignment may be assigned freely, in whole or in part, by Assignee and its successors and assigns. 7. If this Assignment is executed in several counterparts, all counterparts shall constitute one and the same instrument. Delivery of an executed counterpart of this Assignment by email, facsimile or other electronic transmission shall be equally as effective as delivery of a manually executed counterpart, provided, however, that any party delivering such executed counterpart by email, facsimile or other electronic transmission shall promptly forward a manually executed, original counterpart to the other party. 8. If any provision of this Assignment is held to be void, invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to be operative, valid, and enforceable to reflect the intent of the parties most closely as expressed herein, or if such modification is not practicable, such provision shall be deemed deleted from this Assignment and the other provisions of this Assignment shall remain in full force and effect. [Signatures to immediately follow.] Site ID: US1020333 (The Cape Blvd) IN WITNESS WHEREOF, and intending to be legally bound, Assignor and Assignee have executed this Assignment. ASSIGNOR: EIP Holdings II, LLC a Delaware limited liability company rrifited Name: John Lemmon Title: EVP and General Counsel COMMONWEALTH OF PENNSYLVANIA SS: ,K618jefWK63ff-Rila0in M On this 12t' day of March, 2026, before me, a Notary Public, the undersigned officer, personally appeared John Lemmon, who acknowledged himself to be the EVP and General Counsel of EIP Holdings II, LLC, a Delaware limited liability company, and that he, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his name on behalf of said entity by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: Com=PennsylvantaAssociation nsylvania - Notary Seal ngCounty tary Public ny My ires November 4, 2029 umber 125190$ Member, Pennsylvania Association of Notaries Site ID: US1020333 (The Cape Blvd) ASSIGNEE: EIP Holdings IV, LLC, a Delaware limited liability company Pr' ed Name: John Lemmon Title: EVP and General Counsel COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY On this 12' day of March, 2025, before me, a Notary Public, the undersigned officer, personally appeared John Lemmon, who acknowledged himself to be the EVP and General Counsel of EIP Holdings IV, LLC, a Delaware limited liability company, and that he, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his name on behalf of said entity by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pub My Commission Expires: /// y1,2oa Commonwealth of Pennsylvania publ C�a) I Bruening, Notary David C. County Allegheny My commission expires November 4, 2029 Commission number 1251908 .. .her. Pennsylvania Association of Notaries Site ID: US 1020333 (The Cape Blvd) lW4foil 1 l THE PROPERTY SITUATED IN THE COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA: THOSE TRACTS BORDERING ON VALLEY BROOK ROAD SHOWN AS 5.94 ACRES FUTURE DEVELOPMENT AND COMMON AREA - CONSERVATION AREA ON THAT PLAT RECORDED IN MAP BOOK 45 AT PAGE 182 IN THE NEW HANOVER COUNTY REGISTRY. Tax ID: R08500-002-070-000 BEING THE SAME PROPERTY CONVEYED TO SOUTHEASTERN ENTERPIRSES, INC., GRANTEE, FROM TELFAIR SUMMIT, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY, GRANTOR, BY DEED RECORDED 11/16/2006, IN BOOK 5106, PAGE 20 OF THE COUNTY RECORDS. Site ID: US1020333 (The Cape Blvd)