Loading...
HomeMy WebLinkAboutAlltel Mobile Communications, Inc. (2) Augusta Richmond GA DOCUMENT NAME: {\\\-T~ 'f'<lOO\\e Ccnt(y\LA(\\c.a-\-\(){\~ i \nc... DOCUMENT TYPE: ~~~ef\~ YEAR: C\"l BOX NUMBER: 0 ~ FILE NUMBER:" \ ~ \~\ NUMBER OF PAGES: ,or, ~. I. AUGUSTA-RICHMOND COUNTY COMMISSI0N LARR Y E. SCONYERS Mayor . ROOM 801 MUNICIPAL BLDG. (II) AUGUSTA. GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B. KUHLKE. JR. WM. "WILLIE" H. MAYS. m J. B. POWELL MOSES TODD ROB ZETfERBERG FREDDIE L. HANDY Mayor Pro Tern June 30, 1997 CHARLES R. OLIVER, P E. CPA Administrator JAMES B. WALL Anomey Ms. Lena Bonner Clerk, Commission 8th Floor, Municipal Bldg. Augusta, GA 30911 Reply to: P.O. BOX 2125 Augusta, GA. 30903 Dear Lena: I enclose herewith one original fully executed copy of the License Agreement .between Richmond County and Alltel Mobile Communications, Inc., for the placement of Alltel's antennas on the Highland Avenue water tower. Please place in the City's permanent records. By carbon copy of this letter, I am forwarding copies of this agreement to Max Hicks and Butch McKie. Thanking you' and with best personal regards, I am JBW/sjp t ru 1 y, Enclosure ... cc: Max Hicks A. B. McKie Charles R. Oliver .. "'; ~, " - .,.." . " WATER TOWER LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") entered into this /8~day of March, 1997, by and between"*I?;chWt"rl~ a-~~ l b~j~A. ("Licensor") and Cellular Phone of Aiken-AUgu~n:: tLicense"). ~ ,51 . ,e.~-o.r-.()fL. 1....,_ ~-tb~~ - ~~ ~ WHEREAS, Licensor owns certain real property located in Richmond County, Georgia which is more particularly described in Exhibit "AU attached hereto ("Property"); WHEREAS, 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 ("Property") and to construct a structure to house equipment owned by Licensee on Licensor's Property which is more particularly described in Exhibit "AP attached hereto. Provided, Licensee must operate in compliance with all applicable laws, rules and 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" attached 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 own'ed by Licensee which Licensee anticipates shall be located 0 n the Property is attached hereto as Exhibit "CD. 2. Initial Term. The Initial Term of this License shall be for a period of five (5) years commencing on the / if day of ~ I 1997 ("Commencement Date") and expiring on the 1/~ dayc)"f ,11~"L. , 2002 ("'nitial Term"). . - .... . I ,. 3. Renewal Terms. Licensor hereby grants to Ucens'ee the exclusive and irrevocable option to renew this Lease on the same terms contained herein for tAM l&'f a~nal periods of five (5) years (URenewal Terms.), ~ ~)~ 4, Consideration. ~ (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 ($12,000.00) per annum (URentn) payable in advance on 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; . ~ First Renewal Term: $13,800.00 per annum ,~ AG)) Se~on2 Renewal Term: lU,E:QQ.ie per annumt'lJ; 8? 0 ~ W Itllr~ "",IIIII(J al TQ(m' $17. in" M' ra,. --Q14~ 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 i! sum?f $1.58 per li~ar foot AGL. ~ above ground level) for ea.ch antenna added~...,;'? ~ ''''/A-1k-~.) I'.:cft;,,~ ,41'~A;r;/ .:f.G~<<,~v.wz,~~ts:Ak.~4 t:i....rM ~ .. -Im~\iemenrs."" ricensee shari ~e entftf'E;a 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 VI/\.i~Y lines shall be removed by Licensee within fifteen (15) days of the termination of this License. 6. Insurance. Licensee shall procure and maintain at Licensee's 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 event shall said policies provide a combined single limit of less than $1,000,000. , 7. ReDresentations and Warranties of Licensor. represents and warrants that: Licensor (a) Licensor has the right to enter into and be bound by this License; .' .. (b) Licensor has good and marketable title to the Property free of liens and encumbrances which could reasonably be expected to interfere with licensee's use of the Property for the purposes provided herein; and . (c) Licensee shall enjoy ingress and egress to the Property from the n$arest 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 tliose of the Licensor's or other Licensees already in place on the Licensor's tower,. In the event Licensee's equipment causes such interference, Licensee will take all steps necessary to corred 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 correding 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 herein. (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 I repair, modification, replacement, or other action taken for the purpose of correcting such interference) and if such interferen~ is not completely rectified to. the satisfaction of Licensee within thirty (30) days.after receipt of. said notice by such lice!:"see or licensee, Licensor shall, upon licensee's " . of 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 ot the Property or Lessee's ability to obtain financing, Licensee shall have no obligation to perform under this ~~ . and ve soil borings and analysis tests run, In the event that any dete 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 1 upon written notice to Lice (d) fWVl~ .- - ; , (e) In the event that Licensor is unable to furnish good and marketable title to the Property, Licensor shall retum 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 ;s not cured within 60 days of receipt of written notice of default (without,. however I . limiting any other rights available to the parties 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 Govemmental 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 ID # 58-2204274 Licensee: Cellular Phone of Aiken-Augusta, Inc. P.O. Box 2177 Little Rock, AR 72203 Attention: Property Management Dept. 13. Indemnltv. Licensee hereby agrees to indemnify and hold harmless Licensor from and against all loss, cost, expense, frnes, 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. LICENSOR: Notary Public Commission Expires: ~ 7&~. LICENSEE: CELLULAR PHONE OF AIKEN-AUGUSTA, INC. i/i'TM-~A1~r BY: TITLE: JM~ . .." ".. ACKNOWLEDGMENT STATE OF c;~{'"3~ a.. ) ) SS COUNTY oFR : c. h YV'\ond ) J\,~ . On this~ - day of CLf>M..\l I 199Q1, before me, a Notary Public, the undersigned officer, personally appeared La (('~ E . ~c.ol\~15 who acknowledged himself to be the ~~ r of '.~~ -'1=\: c.h~rd Ull~ and acknowledged tha he executed the same in their capacity as such officer for the purposes therein contained. .", .c.' ;'\"~~ c:;">,.,. /:~,,::' .., --:' .l~~( C'9rtlQ1ission Expires: ? ~ ~ ....-;... ,. i 'l. ~ ~. ~ - c ( S E ~ci!.i~ Public, Richmond County, Ga. ,_ ,',: Myt'ommission Expires Oct. 11,1997. ~..._ a ~ _,"\. ^' _ _ g.. - /-'. _-\ $ C ACKNOWLEDGEMENT r- '\- -. +"'\ -~ ":~ "..'o.'~ ,'> ~ \,\ In witness whereof, I hereunto set my hand and official seal. \6nAdAO/~~ Notary Public' , . STATE OF ARKANSAS ) ) SS COUNTY OF PULASKI ) ~n thi~ay of Af' l'L ,1997 , before. me, a Notary Public, the undersIgned officer. personally appeared~ ~~~~, who acknowledged himself to be the Vice-President of ~ C'ellular Phone of 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. !JJJ~ ~ Notary Public .~.:",,~_.~. . ~Y'.~pmmission Expires: . f~ . ..~ ~4,: r;.ooJ ff ~ . ,~~ .y:CS E A'1L ) ::-~ .-"," v "J., -: == -~ " ,-f~ _ ~:. - ,.. -- """"..."'...- ,;-", -.:; - t. _ . . c' :: :~--:.f'; - ..-. :;;-: ~~', ~\/"'" ......-;...,..."....,,- -..1"'>'. . "'I"F -r._ ~.' I " 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. . ....~ ., ~ .. j' ~ 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. ",:;... It.i ....., r. :.J .., 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 HD Bays