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Home My WebLink AboutALLTEL COMMUNICATION FIRST ADDENDUM TO WATER TOWER LICENSE 120 JAKE ELLIS RD HIGHLAND 026-001 ifu cJtJt/~3 AUGUSTA-RICHMOND COUNTY COM:MISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P.O.Box212S 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax. No. (706) 722-5984 E-Mail: lwall@co.rlchInond.ga.us August 17, 2000 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD r.. COLCLOUGH WILLIAM B. KUHLKE, JR. . STEPHEN Eo SHEPARD MARlON WILLIAMS CHARLES R. OLIVER, P E, CPA Adminlstrator WM. "WU.LIE" H. MAYS, III Mayor Pro Tem Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 ~(~~ \Q,t\~ ~'ft13 /2f) flu- &L~ tJ,2/,a-/JtJ/ RE: G:I Communications~ Water Tower Lease Our File No. AR-15-037 Dear Lena: I enclose herewith the original of the First Addendum to Water Tower License Agreement which was approved by the Augusta-Richmond County Commission on June 6, 2000. Please include this in the City's permanent records. By carbon copy of this letter, I am forwarding a copy of same to Max Hicks for the Utilities Department's records. With best personal regards, I am ." Yours very truly, -/ I JBW/sjp Enclosure Cc: Max Hicks . .", .~" "OR\S\l.NJ~L FIRST ADDENDUM TO WATER TOWER LICENSE AGREEMENT TmSFIRST ADDENDUM TO WATER TOWER LICENSE AGREEMENT (" Addendum") is made and entered into this ?tff day of June, 2000, by and between. Augusta, Georgia, successor by consolidation to the City Council of Augusta, ("Licensor") and ALL TEL Communications, Inc., successor in interest to Cellular Phone of Aiken-Augusta, Inc. ("Licensee") (the "Parties"). WHEREAS, on the 18th day of March, 1997, Licensor and Licensee entered into that certain Water Tower License Agreement, a copy of which is attached hereto as Exhibit II A" ("License"). WHEREAS, the License lists the type of equipment and the rent payment schedule for the specific equipment of Licensee, and Licensee desires to attach additional equipment consisting of three antennas and cable lines. WHEREAS, the Parties desire to amend the Personal Property schedule in accordance with the addition of the antennas as provided in this Addendum; and WHEREAS, the Parties desire to amend the term of the License; and WHEREAS, the Parties desire to amend the annual rent payment in accordance with the addition of the antennas as provided in this Addendum. NOW THEREFORE, the License is hereby modified as follows: 1. Exhibit lie" to the License captioned Licensee's Personal Property shall be deleted in its entirety and the attached Exhibit "BII shall be substituted therefor. No additional ground space is necessary to accommodate the additional antennas. 2. Paragraph 4, IIConsideration," shall be deleted in its entirety and the following substituted therefor: II (a) Initial Term.. As consideration for the use of the property described herein, Licensee shall pay Licensor the sum of Eighteen Thousand and No/100 Dollars ($18,000.00) per annum ("Rent"). The increased Rent shall be effective the date Licensee attaches the additional equipment to the Tower. (b) Renewal Term.. In the event that Licensee elects to renew this License as provided in this paragraph 4, rent shall accrue during the ~ . L ,t. . - . Second Renewal Term: $23,805.00 per annum If Licensee determines that additional antennae are required in the future to maintain its level of service, then the addition of those antennae, . if mutually agreed upon by both Licensee and Licensor, will require an increase in Rent." EXCEPT as specifically amended in this Addendum, the License has not been otherwise amended, and remains in full force and effect as the entire agreement of the Parties with respect to the subject matter. LICENSOR: &;1__ ~ NameWJ,f:tt Date: . V I/~I /~~~ By: I V\, Name: kl c.P' Title: ~41f d .." Date: ~I' Y" c> LICENSEE: Witness: ALLTEL ~ZicatiODS, Inc. By: ~ r Kimzey Sr. Vice Pr~dent - Network Support Date: lrJ J7 t1 WaltoD Way Addendum AJkealAugusta MSA Page :2 , 'I.. 1 ',. ... EXHIBIT" A" Water Tower License Agreement dated March 18, 1997 Walton Way Addendum AikeDlAugusta MSA Page 3 WATER TOWER LICENSE AGREEMENT THIS LICENSE AGREEMENT rLicensen) entered into this IS! day of March, 1997, by and between'*!?,c.hwrD"''/ d>-.....~ .' b~;iA (ULicensor") and Celll:1lar Ph~ne ~f Aiken-~~gusta, In~. ("Licensen). .. .s. I CC~J)u")-\)CY\... 9 ~C'<' ~ s..d'" ~ -a:. ~ ~ c.c..u...~ 4 ~. is i '~IC\-.. WHEREAS, Licensor owns certain real property located in Richmond County, Georgia which is more particularly described in Exhibit UA" attached hereto (UProperty"); WHEREASs Licensee desires to locate a telecommunications device including an antennae on the Property to provide telecommunications service to wireless communication devices including cellular telephones which are currently in the vicinity. WHEREAS, Licensor desires to license unto Licensee to locate and operate on the Property subject to the terms, covenants and conditions of this License. NOW, THEREFORE, in consideration of the mutual promises contained herein the parties agree as follows: 1. LIcense. Licensor hereby licenses unto Licensee a portion of the property upon which Licensee may install, maintain, operate and remove radio communications equipment and appurtenances on Licensor's tower on Licensor's Property (UPropertyn) and to construct a structure to house equipment owned by Licensee on Licensor's Property which is more particularly described . in Exhibit MAt' attached hereto. Provided, Licensee must operate in compliance with all applicable laws,rulesand regulations, including, without limitation, all rules and regulations of the Federal Communications Commission. Licensor also hereby grants Licensee a non-exclusive easement for ingress, egress and utilities over the real property described in Exhibit liB" attach,ed hereto; provided that all utility lines, etc. are removed upon termination or expiration of this License at the sole cost of Licensee and the Property is restored to a condition at least equal to that as of the date hereof. A description of Licensee's equipment, shelter and other personal property owned by Licensee which Licensee anticipates shall be located 0 n the Property is attached hereto as Exhibit "C., 2. Initial Term. The Initial Term of this License shall be for a period of five (5) years commencing on the /if day of ~ ,1997 (UCommencement Date") and expiring on the !;!if' day 0 ,11ev, d.. , 2002 (Ulnitial Term"). 3. Renewal Terms. Licensor hereby grants to Licensee the exclusive and irrevocable option to renew this Lease on the same terms contained herein for ~ Wf a~." nal.periods of five (5) years ("Renewal Terms.). tzvr, ~)~ 4. Consideration. p\Ar (a) InitIal Term. As consideration for the use of the property described herein, Licensee shall pay Licensor the sum of Twelve Thousand and No/100 Dollars ($12,OOO.00) per annum ("Rent") payable in advance an the commencement date and on each anniversary of the Commencement Date throughout the Initial Term and any Renewal Term, (b) Renewal Term. In the event that Licensee elects to renew this License as provided in this paragraph 3 rent shall accrue during the Renewal Term according to the following schedule; i~t:YUV First Renewal Term: $13,800.00 per annum . ~ AGi). Second Renewal Term: ~~,t:09.90 per annum t;s; 8? 0 ~ W "'Ehir-:l..... ;,1 Tgr;m' ~1;, 1""" "''''' r-- ---., & -- If Licensee determines that additional antennae are required in the future to maintain its level of service, then the addition of those antennae, if mutually agreed upon by both Licensee and Licensor. Licensee shall pay Licensor the ~ sum?f $1.58 per Ii~ar foot AG~abOVe ground lavel) for ea.ch antenna added~"";"7 ~ ,."..,;.f,-J tfA,,., I /.3'J.. ~ I~e.-'''' .f..r A;GL d&At'......;..ff:; ,c;;-sr~..( --= .,...#l1h..t:f/~E!.e."" /.'n t/l,. f'r ~t!it.. tT~".(",. ~ ,~~" -=U.C.l.4'&/~-' I.e.",,"'" O. - -lmPTovemen S. Licensee sna I 'De entttled to extend electric . and telephone utility service to the site from the nearest available public electric and telephone lines to the equipment. The extended electric and telephone lines shall be removed by Licensee within fifteen (15) days of the termination of this License. ' .f \, / INJi/ 6. Insurance. Licensee shall procure and maintain at Licenseels sole cost and expense and in full force and effect throughout the term of this License, such public liability and property damage policies as Licensee may deem reasonable and necessary but in no avent shall said policies provide a combined single limit of less than $1,000,000. 7. Representations and Warranties of Licensor. represents and warrants that: Licensor (a) Licensor has the right to enter into and be bound by this License; (b) licensor has good and marketable title to the Property free of liens and encumbrances which could reasonably be expected to interfere with Licensee's use of the Property for the purposes provided herein; and (c) Licensee shall enjoy ingress and egress to the Property from 1he nearest open and paved public roads. 8. Representations and Warranties of Licensee. represents and warrants that: Licensee (a) Licensee's equipment will not provide stray currents that will in any way damage the water tower's integrity; (b) Licensee agrees to install equipment of types and frequencies which will not cause interference to Licensor or other occupants of the Property which are in place on the Licensor's tower as of the commencement date. If requested by licensor, Licensee shall provide a detailed RF interference analysis showing potential conflicts between licensee's frequencies and those of the Licensor's or other Licensees already in place on the Licensor's tower. In the event Licensee's equipment causes such i~terference, Licensee will take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within forty-eight (48) hours after receipt of written notice from Licensor to Licensee, Licensee shall temporarily disconnect the electric power and shut down Licensee's equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interference is not corrected within thirty (30) days after receipt of said written notice, Licensee agrees to remove Licensee's equipment from the Property and this Lease.shall then terminate without further obligation on either part except as may be specifically enumerated herei.n, (c) In the event Licensor enters into lease or license agreements with others for the Property, then Licensor agrees to require such Licensee or licensee to install equipment of types and frequencies that will not cause interference to Licensee's communications operations being conducted from the Property. Licensor agrees that in the event such Licensee or licensee causes interference with Licensee's equipment, Licensor will require such Licensee or licensee to take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within forty-eight (48) hours after receipt of notice of the existence of interference from Licensor to such Licensee or licensee, Licensor shall cause such Licensee or licensee to disconnect the electric power and shut down such Licensee's or licensee's equipment (except for intermittent operation for the purpose of testing, after performing maintenance, repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interterence is not completely rectified to the satisfaction of Licensee within thirty (30) days, after receipt of said notice by such licensee or licensee, Licensor shall, upon Licensee's ~ request, cause such Licensee or licensee to remove its antennae and transmitting and receiving equipment from the Property. 9. Taxes. Any taxes including, but not limited to, real estate and property taxes assessed on the Property shall be paid by the Licensor except that Licensee shall pay any taxes levied on Licensee's personal property located or installed on the Property. Licensee's equipment shall remain. Licensee's personal property even though it may be attached or affixed to the Property or Water Tower. 10. Conditions Precedent Licensee's obligation to perform under this Lease shall be subject to and conditioned upon: (a) Licensee securing appropriate approvals for Lessee's intended use of the property from the Federal Communications Commission, the Federal Aviation Administration and any other federal, state or local regulatory authority having jurisdiction over Lessee's proposed use of the Property. Lessee's inability to successfully satisfy these conditions. or the occurrence of any other event which effectively prohibits Lessee's intended use of the Property shall relieve Licensee from any obligation to perform under this Lease and shall entitle Licensee to restitution of any monthly rental payments which have been paid to Licensor; (b) Licensee shall have the right to obtain a title report or commitment for a title policy from a title insurance company of its choice. If, in the opinion of the Licensee, such title report shows any defects of title or liens or encumbrances which adversely affect Lessee's use of the Property or Lessee's ability to obtain financing, Licensee shall have' no obligation to perform under this Lease; and ve soil borings and analysis tests run. In the event that any defe shown by urvey or the soil analysis, which in the opinion of' see, may adversely affect [ see's use of the Property, Licensee sh ave the right to cancel this Lease imm I upon written notice to Lice ~/i/i/2/Vv- (e) In the event that Licensor is unable to furnish good and marketable title to the Property, Licensor shall return to Licensee the consideration previously paid by Licensee under this Lease and this Lease shall be null and void and there shall be no further obligations or liabilities between the parties pursuant to this Lease. 11. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability upon written notice as follows: / (a) By either party upon a default. of any covenant or term hereof by the other. party which default is not cured within 60 days of receipt of written notice of default (without" however, limiting any other rights available to the pat1ies pursuant to any other provisions hereof); (b) Upon 30 days' written notice by Licensee if it is unable to obtain or maintain any license, ,permit or other Governmental Approval necessary to the construction and operation of the Antenna Facilities or Licensee's business; or (c) By Licensee for an reason or no reason at all upon six (6) months advance written notice from Licensee to Licensor. 12. Notices. All notices, requests, demands and other communications to be made under this License shall be in writing and shall be deemed effectively given if. personally delivered to or mailed postage prepaid by certified mail, return receipt requested to the following address: Licensor: Charles R. Oliver, Administrator 8081 Municipal Building Augusta, GA 30911 Taxpayer 10 # 58-2204274 Licensee: Cellular Phone of Aiken-Augusta, Inc, P.O. Box 2177 Little Rock, AR 72203 Attention: Property Management Oept. 13. Indemnitv. Licensee hereby agrees to indemnify and hold harmless Licensor from and against all loss, cost, expense, fines, penalties, fees, . claims, suits, judgments, amounts paid in settlement and reasonable attorneys' fees and cost incurred by Licensor as a result of Licensee's use of the Property, except for claims arising from the negligence, willful misconduct, or intentional acts of Licensor. 14. Further Acts. Lessor hereby agrees to execute any additional documents or take any acts which Lessee may reasonably require to effect the terms or the intent of this Lease. IN WITNESS WHEREOF, The Lessor and Lessee have executed this Tower Attachment Lease Agreement as of the date and year first above written. ~~. Notary Public Commission Expires: LICENSOR: LICENSEE: '. ., 0.J.,vt ~~:~ PHOi~~::,::A' INC. )M~ ACKNOWLEDGMENT STATE OF C;~r3~ Q.. ) ) SS COUNTY OF~ ~ C. h \'\"\0 f"\cl ) On this~J\ c\ day of ~ ~ I 199q 1, before me, a Notary Public, the undersigned officer, personally appeared. La (r~ E. '6c.oT\~t~ who acknowledged himself to be the ~~r of _~tL~ -""R : ~l\YY'Ord Cntl~ and acknowledged tha' he executed the same in their capacity as such officer for the purposes therein contained. In witness whereof, I hereunto set my hand and official sea\. vJ~Q/~~; Notary Public' . My Commission Expires: ( S E A1C!!.alV Public, Richmond County, Ga. My C'Ommission Expires Oct. 11, 1997. ACKNOWLEDGEMENT STATE OF ARKANSAS ) ) S8 COUNTY OF PULASKI ) . On this-2~ay of l'L I 199/ , before me, a Notary Public, the undersigned officer, personally appeared ~\J who acknowledged himself to be the Vice-President of .. Cellular Phone 0 Aiken-Augusta, Inc. and acknowledged that he executed the same in their capacity as such officer for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. iLljo~ I~ Notary Public My Commission Expires: rY'rA\..( ;J4t ~DD~ ( 8 E AIL) EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY An area located behind the water works filter plant at 1425 Highland Ave. Located at the north end of the water reservoir on Richmond County Tax Map 43-2, Parcel 153. The antenna are to be attached to the water tower. This description to be more particularly described upon completion of survey. EXHIBIT "B" LEGAL DESCRIPTION OF THE EASMENT A 25' easement from the end of Jake Ellis Lane through the reservoir gates to the base of the water tank to provide for ingress, egress, and utilities. To be more particularly described at completion of survey. l;, . r . .. . . Walton Way Addendum AlkeolAugnsta MSA Page 4 EXHIBIT "B" Licensee's Personal Property (Exhibit C to Water Tower License Agreement dated March 18, 1997) Exhibit liB" Licensee's Personal Property 12-08 834 Panel Antennae 3-1114 Inch Coaxial Cable Lines 6-7/8 Inch Coaxial Cable Lines. (and associated connectors and har~ware) 1-11 % X 20 Foot Andrew Equipment Shelter Equipment in building follows: Namps Channels Sets of BSE YUASA EXIOE Power Plant SOS Racks Multi-Coupler wI Filters Misc. Equipment Rack HD Bays , . Exhibit "C" Licensee's Personal Property 9-DB 834 Panel Antennae 3-1 y-& Inch Coaxial Cable Lines 6-7/8" Inch Coaxial Cable Lines ( and associated connectors and hardware) 1-11 ~ X 20 Foot Andrew Equipment Shelter Equipment in building follows: Namps Channels Sets of BSE YUASA EXIDE Power Plant SOS Racks Multi-Coupler wi Filters Misc. Equipment Rack lID Bays