HomeMy WebLinkAboutCellular Phone Of Alken/Augusta,Inc.
Augusta Richmond GA
DOCUMENT NAME: Wl..ll..OX ?0:xte.. O~ P< \'?-en \ f\u CjUS-\O. I Inc..
DOCUMENTTYPE: CKOxe~
YEAR:ct)
BOX NUMBER: 0-\
FILE NUMBER: \ ~C\l
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COMMUNICATIONS SITE LEASE AGREEMENT
This Communications site Lease Agreement ("Lease") is
entered into this 5 +h. day of N O\f~Y- ,1997, by
and between Augusta, Georgia, a political subdivision of the
state of Georgia, acting by and through the Augusta-Richmond
County Commission ("Landlord") and Cellular Phone of
Aiken/Augusta, Inc., by its General Partner, ALLTEL Mobile
Communications, Inc. ("ALLTEL").
1. Pro~erty. Subject to the following terms and
conditions, Landlord leases to ALLTEL the property more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference (the "Property"). Landlord also
grants to ALLTEL a non-exclusive easement during the term of this
Lease for ingress, egress, and regress and for the installation
and transmission of utilities on the Property, which easement is
described on Exhibit "B" attached hereto and incorporated herein
by reference (the "Easement").
2. Use. ALLTEL shall use the Premises for the purpose of
constructing, installing, maintaining, improving and operating,
at ALLTEL's expense, a communications facility, including a
tower, antennae, buildings, and incidental uses (the tower to be
constructed on the Premises referred to as the "Tower," and all
referenced portions of the facility referenced collectively as
the "Communications Facility"). As used in this Lease, the term
"Communications Facility" includes any use of the Premises and/or
any equipment installed for use on the Premises by other
telecommunications providers who are subleasing, licensing, or
otherwise using a portion of the Premises with the permission of
ALLTEL. ALLTEL shall not use the Premises for any other purpose
without the express prior written consent of Landlord. Landlord
agrees to cooperate with ALLTEL in obtaining, at ALLTEL's
expense, all licenses and permits required for ALLTEL's use of
the Premises ("Government Approvals").
3. Initial Term. The term of this Lease shall be Five (5)
year, commencing upon -.J'J 0 W-.rvt..tl-U.. 6 , 1997 (the
"Commencement Da'te") and terminating at midnight on
AJOV-tVYtV)f r 4- , 2002.
4. Renewal Term. ALLTEL shall have the right to extend
this Lease for three (3) additional terms of five (5) years each
("Renewal Term") on the same terms and conditions as set forth in
this Lease except that the Rent shall be as specified in
paragraph 5(c). This Lease shall automatically be renewed for
each successive JRenewal Term unless ALLTEL notifies Landlord of
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ALLTEL's intention not to renew the Lease at least 30 days prior
to expiration of the then current term.
5. Rent.
(a) Beginning on the Commencement Date, ALLTEL shall
pay Landlord the sum of One Thousand Dollars ($1,000.00) per
month, as well as ten percent (10%) of any rentals obtained by
ALLTEL from subleases, licenses or similar agreements whereby
other telecommunications providers co-locate on the Tower, as
rental ("Rent"). Rent shall be payable on the first day of each
month in advance at Landlord's notice address as specified below
and shall be prorated for any partial month at the commencement
or termination of this Lease, based upon the number of days in
that month. ALLTEL agrees to provide, on an annual basis, a
certification to Landlord of the specific percentage amounts to
be received by Landlord pursuant to this section.
(b) In the event of termination for any reason other
than nonpayment of Rent, all prepaid Rent shall be refunded to
ALLTEL.
(c) ALLTEL shall pay Landlord Rent during each Renewal
Term (RT) according to the following schedule:
First RT: $1,150.00 per month
Second RT: $1,322.50 per month
Third RT: $1,520.88 per month
6. Landlord's Representations and Warranties. Landlord
represents and warrants to the best of Landlord's knowledge that
(i) ALLTEL's intended use of the Premises is not prohibited by
any covenant, restriction, easement, subdivision rule or other
contract which would prohibit ALLTEL's intended use of the
Premises; and (ii) there are no easements, licenses, rights of
use or other encumbrances on the Premises which will interfere
with ALLTEL's intended use of the Premises.
7. Conditions Precedent. ALLTEL's obligation to perform
under this Lease shall be subject to and conditioned upon:
(a) ALLTEL's obtaining, at its option and at its sole
expense, a title report or commitment for a leasehold title
policy from a title insurance company of ALLTEL's choice which
must show no defects or restrictions of title or any liens or
encumbrances which may adversely affect ALLTEL's use of the
Premises or ALLTEL's ability to obtain leasehold financing;
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(b) ALLTEL's obtaining, at its option, a survey, soil
borings and analysis tests which must show no defects which, in
the opinion of ALLTEL, may adversely affects ALLTEL's use of the
Premises;
(c) ALLTEL's approval of the condition of the
Premises, which may be subject to, at ALLTEL's option, an
environmental audit of the Premises performed by an environmental
consulting firm of ALLTEL's choice;
(d) ALLTEL's securing appropriate approvals for
ALLTEL's intended use of the Premises from the Federal
Communications Commission, the Federal Aviation Administration,
and any other federal, state or local regulatory agency having
jurisdiction over ALLTEL's intended use of the Equipment.
If any of these conditions are not satisfied, ALLTEL
and Landlord shall be relieved of any obligation to perform under
this Lease.
8. Conditions Subseauent. In the event that ALLTEL's and
other users' (as allowed herein) intended use of the Premises is
actually or constructively prohibited or the Premises are, in
ALLTEL's opinion, unacceptable to ALLTEL and to any other users
of the Premises as allowed herein, then this Lease, and any
subleases or licenses entered into between ALLTEL and other users
of the Premises, shall terminate and be of no further force or
effect.
In the event ALLTEL determines that use of the Premises by
ALLTEL is actually or constructively prohibited or that the
Premises are, in ALLTEL's opinion, unacceptable to it, but use of
the Premises is not actually or constructively prohibited as to
other users, and/or the Premises are not unacceptable to other
users, then this Lease shall terminate as to ALLTEL, and any
sublease, license or similar agreements between ALLTEL and other
users shall be assigned to Landlord, with rents and monies under
such agreements :being paid to Landlord, and with ALLTEL
forfeiting any further rights under such agreements. In such
event, ALLTEL shall have no further obligation or liability under
this Lease after the later of the effective date of such
assignments of subleases, licenses or similar agreements.
Additionally, in such event, Landlord shall have the option of
taking ownership of the Tower, at no cost, or requiring ALLTEL to
remove the Tower from the Premises. Should Landlord opt to take
ownership of the Tower, ALLTEL agrees to execute such documents
and to take such actions as may be necessary to document such
transfer of ownership, title, right and interest. Should
Landlord require ALLTEL to remove the Tower from the Premises,
ALLTEL shall do so in accordance with removal requirements set
out in section 11., below.
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9. Installation Plans; Standard for Performance: Payment
of Costs and Expenses.
(a) ALLTEL may commence its use of the Premises as
outlined herein, including without limitation, construction and
installation of the Communications Facility, only after Landlord
has provided its written approval of all plans and specifications
in connection with said use, and ALLTEL hereby agrees to comply
with Landlord's reasonable requirements for approval.
(b) ALLTEL agrees that the construction, installation,
maintenance, improvement and operation of the Communications
Facility shall be performed in a good and workmanlike manner,
free from faults and defects and in compliance with all
applicable federal, state and local requirements. ALLTEL shall
be solely responsible for all construction, installation,
maintenance, improvement and operating techniques and procedures.
(c) ALLTEL shall be solely responsible for all labor,
materials, goods, supplies, equipment, machinery and similar
items in connection with the construction, installation,
maintenance, improvement and operation of the Communications
Facility.
10. Interference. Landlord shall not use, nor shall
Landlord permit its lessees, licensees, invitees or agents to use
any portion of the Premises or Easement or any portion of
adjacent real property owned by Landlord in any way which
interferes with the operations of ALLTEL. Such interference
shall be deemed a material breach of this Lease by Landlord and
Landlord shall have the responsibility to terminate said
interference. In the event any such interference does not cease
or is not promptly rectified, Landlord acknowledges that
continuing interference will cause irreparable injury to ALLTEL,
and ALLTEL shall have the right, in addition to any other rights
that it may have at law or in equity, to bring action to enjoin
such interference or to terminate this Lease immediately upon
notice to Landlord.
(a) ALLTEL's Equipment shall not cause stray currents
that will in any way damage the integrity of the Premises.
(b) Landlord hereby reserves the right to place
antennae and related equipment ("Landlord's Equipment") on the
Tower, and ALLTEL agrees that Landlord's Equipment may be placed
upon said Tower at any time during the Term or any Renewal Term
of this Lease~ at no cost to Landlord, provided that placement of
Landlord's Equipment on the Tower does not exceed the structural
capacity of the Tower at the desired time of placement.
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(c) ALLTEL acknowledges and agrees that, pursuant to
Landlord's ordinances regarding telecommunications towers, ALLTEL
is required to cooperate with other telecommunications providers
in co-locating telecommunications equipment on ALLTEL's Tower.
ALLTEL agrees to also cooperate with Landlord in cO-locating
Landlord's Equipment on the Tower.
(d) In the event Landlord locates its Equipment on the
Tower pursuant to this Section, ALLTEL agrees to provide a
detailed RF interference analysis showing potential conflicts
between ALLTEL's frequencies and those of Landlord. In the event
ALLTEL's Equipment causes such interference, ALLTEL agrees to
cooperate with Landlord in resolving said conflicts.
(e) In the event ALLTEL enters into lease, license,
co-location, or other similar agreements with other
telecommunications providers for space on the Tower subsequent to
Landlord installing Landlord's Equipment on said Tower, ALLTEL
agrees to require such lessees, licensees, co-locators, etc.
("Co-Locator"), as part of ALLTEL's written agreement with such
Co-Locator, to install equipment of types and frequencies that
will not cause interference with Landlord's communications
operations being conducted from said Tower. ALLTEL agrees that
in the event such Co-Locator causes interference with Landlord's
Equipment and/or communications operations, ALLTEL will require
said Co-Locator to cooperate with Landlord in resolving said
conflicts.
11. Improvements; utilities; Access.
(a) The Communications Facility placed on the Premises
shall remain the exclusi.ve property of the ALLTEL, and ALLTEL
shall have the obligation to remove the Communications Facility
following any termination of this Lease. Landlord shall have the
option, in its sole discretion, at the expiration or termination
of this Lease, to determine whether the Communications Facility
placed on the Pr,emises shall become the property of Landlord, or
shall be removed from the Premises by ALLTEL. Should Landlord
determine that A:LLTEL must remove the Communications Facility
from the Premises, then removal of the Communications Facility
shall be at ALLTEL's sole expense and cost, and ALLTEL agrees to
restore the Premises to its original condition, ordinary wear and
tear excepted. If the time necessary for removal of the
Communications Facility causes ALLTEL to remain on the Premises
after the termination or expiration of this Lease, then ALLTEL
shall pay to Landlord rent at the then-current rate until such
time as the removal of the Communications Facility is completed.
Rent paid pursuant to this provision shall not be pro-rated.
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(b) ALLTEL shall have the right to install utilities,
at ALLTEL's expense, and to improve present utilities on the
Premises (including but not limited to the installation of
emergency power generators). ALLTEL shall have the right to
permanently place utilities on (or to bring utilities across or
under) the Premises and the Easement in order to service the
Communications Facility throughout the Term of this Lease or any
Renewal Term. Landlord shall, upon ALLTEL's request, execute a
separate written easement in a form which may be filed of record
evidence this right. ALLTEL is solely responsible for all costs
of utility services to the Premises, and such services shall be
separately metered, with ALLTEL bearing the cost of such
metering.
(c) ALLTEL shall have access to the Premises and the
Communications Facility at all times, 24 hours each day, through
the access drive presently existing on the Easement. Landlord
shall maintain the access drive in good condition throughout the
term of this Lease or any Renewal Term. ALLTEL may, at its own
expense and with Landlord's prior written consent, construct a
suitable private access drive to the Premises and the
Communications Facility within the Easement. To the degree
additional access is required across other property owned by
Landlord, Landlord shall may, in its sole discretion, agree to
execute an easement evidencing this right and agrees to maintain
said access so that no interference is caused to ALLTEL by other
lessees, licensees, invitees or agents of Landlord.
12. Default. Either party shall have the right to give
notice of default to the party in default, in writing, and if
such condition of default is not removed and restored within ten
(10) days after receipt of such notice for defaults involving the
payment of monies, or within thirty (30) days after receipt of
such notice for other defaults, then the other party shall have
the option of declaring this Lease in default and proceeding to
enforce their rights in accordance with the law.
For purposes of this Section, an "event of default" includes
but is not limit,ed to: (a) ALLTEL's failure to make any payment
when it becomes due under this Agreement, where such failure
continues for 10 days after the due date; (b) ALLTEL's failure to
perform, observe and/or comply with any provision of this Lease,
where such failure is not cured within 10 days of notice thereof
from Landlord; or (c) ALLTEL's insolvency or inability to pay its
debts as they become due, or ALLTEL's making of an assignment for
the benefit of creditors, ALLTEL's application for or consent to
the appointment of a receiver, trustee, conservator or liquidator
of Lessee or of any of its assets, or ALLTEL's filing of a
petition for relief under any bankruptcy, insolvency,
reorganization or similar laws, or the filing of a petition in,
or proceeding under, any bankruptcy, insolvency, reorganization
or similar laws against ALLTEL, which is not dismissed or fully
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stayed within twenty (20) days after the filing or institution
thereof.
13. Termination. Except as otherwise provided, 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 of this Lease by the other party, in accordance with section
12 herein (without, however, limiting any other rights available
to the parties pursuant to any other provisions of this Lease) ,
(b) By ALLTEL is it is unable to obtain or maintain
any license, permit or other Governmental Approval necessary to
the construction and operation of the Communications Facility or
ALLTEL's business or intended use of the Premises;
(c) By ALLTEL if the Premises or Communications
Facility is damaged so as to hinder the effective use of the
Communications Facility in ALLTEL's judgment; or
(d) By ALLTEL, upon six months written notice to
Landlord.
14. Subleases and Licenses. Landlord acknowledges that
ALLTEL has, prior to the effective date of this Lease, negotiated
agreements with telecommunications providers Powertel, BellSouth
and Cellular One for space on the Tower, and Landlord hereby
consents to said agreements. After the effective date of this
Lease, ALLTEL may, with Landlord's prior written consent,
sublease or license the Premises or additional portions of the
Premises for the purpose of radio transmission and communication
service. ALLTEL's sublessee(s) shall be entitled to rights of
ingress and egress to the Premises and Easement and the right to
install utilities on the Premises and Easement as if said
sublessee were ALLTEL under this Lease. ALLTEL agrees to pay
Landlord, as additional rent, ten percent (10%) of the rental
amounts obtained by ALLTEL under any sublease(s), licensees) or
similar agreements entered into with other telecommunications
providers who co-locate on the Tower.
15. Taxes. ALLTEL shall pay any personal property taxes
assessed on, or any portion of such taxes attributable to, the
Communications Facility. Landlord shall pay when due all real
property taxes and all other fees and assessments attributable to
the Premises. ALLTEL shall pay as additional Rent any increase
in real property taxes levied against the Property which are
directly attributable to ALLTEL's use of the Property and
Landlord agrees to furnish proof of such increase to ALLTEL.
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16. Public Liability and Property Damaqe Insurance. ALLTEL
shall, at ALLTEL's expense, purchase and maintain in full force
and effect throughout the Term of this Lease, including any
Renewal Terms, such public liability and property damage policies
as ALLTEL may deem necessary and as Landlord shall approve. Such
policy or policies may be through a blanket policy covering other
locations, and will provide not less than a combined single limit
of $1,000,000.00.
The cost of premiums for all policies of insurance
required by this Lease shall be paid by ALLTEL. Policies shall
be jointly in the names of ALLTEL and Landlord, and duplicate
copies of the policies shall be delivered to Landlord. All
policies providing insurance coverage required to be maintained
by ALLTEL hereunder shall list Lessee, Landlord, The Augusta-
Richmond County Commission and its Mayor, and their officers,
agents, members, employees and successors as named insureds, as
their interests may appear, and shall be issued by an insurance
carrier or carriers licensed to do business in the State of
Georgia and reasonably acceptable to Landlord. All such policies
shall provide that no act or omission of ALLTEL or its agents,
servants, or employees shall in any way invalidate any insurance
coverage for the other named insureds. No insurance policy
providing any insurance coverage required to be provided by
ALLTEL hereunder shall be cancelable without at least 15 days
advance written notice to Landlord. All insurance policies
required hereunder, or copies thereof, shall be provided to
Landlord by ALLTEL.
17. Condemnation. If a condemning authority takes, or
acquires by deed in lieu of condemnation, all of the Premises, or
a portion sufficient to render the Premises, in the opinion of
ALLTEL, unsuitable for the use contemplated in this Lease, this
Lease shall terminate as of the date title vests in the
condemning authority. Landlord shall receive as its share of the
condemnation proceeds the fair market value of the property, and
ALLTEL shall receive as its share of the proceeds the fair market
value of this Lease.
18. Environmental Matters.
(a) Landlord's Obligations. Landlord represents that,
to Landlord's best knowledge, no Hazardous Materials are
presently located on the Premises or Easement. As used in this
Lease, "Hazardous Materials" shall mean any and all
polycholrinated lbyphenyls, petroleum products, asbestos, urea
formaldehyde and other hazardous or toxic materials, wastes or
substances, any pollutants, and/or contaminants, or any other
similar substancl~s or materials which are defined or identified
as such in or regulated by any federal, state or local laws,
rules or regulations (whether now existing or hereinafter
enacted) pertaining to environmental regulations, contamination,
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cleanup or any judicial or administrative interpretation of such
laws, rules or regulations or any substances that after release
into the environment and upon exposure, ingestion, inhalation, or
assimilation, either directly from the environment or directly
through food chains will or may reasonably be anticipated to
cause death, disease, behavior abnormalities, cancer or genetic
abnormalities. If Hazardous Materials are present on the Premises
or the Easement, or if Hazardous Materials are brought onto the
Premises and Easement by Landlord, its agents, servants,
employees, licensees, invitees or contractors prior to possession
of the Premises by ALLTEL, then Landlord shall have the option of
immediately terminating this Lease and shall owe no further
duties, obligations or liability to ALLTEL. If after ALLTEL
takes possession of the Premises Hazardous Materials are
discovered to exist on, under or beneath the Premises, ALLTEL may
terminate this Lease and ALLTEL shall owe no further duties,
obligations or liability to Landlord. Should ALLTEL desire to
remain on the Premises after discovery of such Hazardous
Materials, ALLTEL shall be solely responsible, at no cost or
expense to Landlord, for the removal of said Hazardous Materials.
ALLTEL agrees to carry out said removal according to all
applicable Federal, State and local laws and requirements, and to
indemnify and hold harmless Landlord against any and all claims
and expenses arising out of or in connection with ALLTEL's
removal of said Hazardous Materials, in accordance with the
provisions of Sections 18 (b) and section 19 of this Lease.
(b) ALLTEL's Obligations. ALLTEL shall comply with
all laws, ordinances, rules, orders or regulations applicable to
Hazardous Materials. ALLTEL shall not use the Premises or the
Easement for treatment, storage, transportation to or from, use
or disposal of Hazardous Materials (other than petroleum products
necessary for the operation of an emergency electrical generator
to serve the Communications Facility). ALLTEL shall be
responsible for any expense incident to the abatement or
compliance with the requirements of any federal, state or local
statutory or regulatory requirements caused, directly or
indirectly, by the activities of ALLTEL, or ALLTEL's agents,
employees, invitees or contractors. ALLTEL agrees to indemnify
and hold harmless Landlord (and each of Landlord's elected
officials, offic,ers, agents, employees and representatives), from
and against any claims, actions, demands or liabilities of any
kind arising out of or relating to ALLTEL's use of the Premises
and relating to environmental requirements. ALLTEL's obligations
hereunder as to expenses shall include, without limitation, and
whether foreseeaJble or unforeseeable, all costs of any required
or necessary repair, cleanup or detoxification or decontamination
of the Premises Jbased on environmental requirements.
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19. Hold Harmless.
ALLTEL agrees to hold Landlord harmless from any and
all claims arising from the installation, use, maintenance,
repair or removal of the Communications Faciiities, or from the
presence of any Hazardous Materials on the Premises after the
Commencement Date if brought onto the Premises by ALLTEL or
ALLTEL's agents, employees, licensees, invitees or contractors,
except for claims arising from the negligence or intentional acts
of Landlord, its employees, agents or independent contractors.
This provision shall not apply to the presence on the Premises of
petroleum products necessary for the operation of an emergency
electrical generator to serve the Communications Facility so long
as said petroleum products are transported, stored and used in
accordance with all applicable federal, state and local laws and
regulations.
20. Notices. All notices, requests, demands and other
communications hereunder shall be in writing and shall be deemed
given if personally delivered or mailed, by certified mail,
return receipt requested, or by overnight service having a record
of receipt to the addresses indicated below:
If to Landlord, to:
Charles R. Oliver, Administrator
Room 801, Municipal Bldg (11)
Augusta, Georgia 30911
(706) 821-2400
#58-2204274 Tax Identification No.
If toALLTEL, to:
ALLTEL Mobile Communications, Inc.
One Allied Drive
Little Rock, AR 72202
Attn: Property Management Department
21. Title .and Quiet Eniovment. Landlord warrants it has
the full right, power and authority to execute this Lease and
that it has good and unencumbered title to the Premises free and
clear of all liens, encumbrances or mortgages. Landlord further
warrants that, so long as ALLTEL observes all terms and
conditions of this Lease and complies with all of its obligations
hereunder, ALLTE:L shall have the quiet enjoyment of the Premises
during the term of this Lease. Landlord shall defend and protect
its title and AL:LTEL's right to quiet enjoyment as set forth
herein against the claims and demands of all persons and
entities.
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22. Assianment. ALLTEL may not assign this Lease without
the prior written consent of Landlord, which consent shall not be
unreasonably withheld; provided, however, that ALLTEL may assign
this Lease, without the prior consent of Landlord, to any
successor by merger to ALLTEL or to any affiiiate of ALLTEL.
Any permitted assignment shall be on the condition that the
assignee be bound by all of the terms, conditions and provisions
of this Lease. Assignment shall not release ALLTEL from any
liability occurring or arising prior to the date of assignment.
23. Successors and Assians. This Lease shall be a covenant
running with the Premises and shall be binding upon and inure to
the benefit of the parties, their respective heirs, successors,
personal representatives and assigns.
24. Holdina Over. In the event ALLTEL remains in
possession of the Premises after the expiration of the Initial
Term or a Renewal Term without executing a new lease, ALLTEL
shall occupy the Premises month-to-month, subject to all of the
terms and conditions of this Lease insofar as consistent with
such a tenancy. ALLTEL shall continue to pay Rent as provided in
this Lease until such time as ALLTEL has removed all of the
Communications Facility and any other Equipment or possessions
from the Premises, all in accordance with section 10 hereof.
25. Miscellaneous.
(a) This Lease constitutes the entire agreement and
understanding of Landlord and ALLTEL, and supersedes all offers,
negotiations and other agreements. Any amendments to this Lease
must be in writing and executed by Landlord and ALLTEL.
(b) If either Landlord or ALLTEL is represented by a
real estate broker or agent in this transaction, that party shall
be fully responsible for any fees or commission due such broker
or agent and shall hold harmless the other party from any such
claims arising from execution of this Lease.
(c) Landlord agrees to cooperate with ALLTEL in
executing any documents necessary to protect ALLTEL's rights
under this Lease or ALLTEL's use of the Premises. ALLTEL may
record this Lease or a Memorandum of Lease executed by all
parties and shall bear the cost of any recording fees in
connection therewith.
(d) This Lease shall be construed in accordance
with the laws of the state of Georgia.
(e) If any term of this Lease is found to be void or
invalid, such invalidity shall not affect the remaining terms of
this Lease, which shall continue in full force and effect.
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(f) Each of the undersigned warrants that he or she
has the full right, power and authority to execute this Lease on
behalf of the party indicated.
IN WITNESS WHEREOF, Landlord and ALLTEL have executed this
communications site Lease Agreement effective as of the day and
year first above written.
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CELLULAR PHONE OF AIKEN/AUGUSTA,
INC. by and through its General
Partner, ALLTEL MOBILE
COMMUNICATIONS, INC.
By: 9~~_.. <
Title: I/"P A/., I~R"''''K S.ne",-,'''<I.
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.euL. pur: Cl tt: Secretary' ~
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ACKNOWLEDGMENT
ST ATE OF GEORGIA )
)
COUNTY OF RICHMOND )
On this 12 day of 11J~^ 1997, before me, a Notary Public, the
undersigned officer" personally appeared Larry E. Sconyers who acknowledged himself
to be the Mayor of Augusta-Richmond County, Ga. and acknowledged that he
executed the same in his capacity as such officer for the purposes therein contained.
[n witness whereof, I hereunto set my hand and official seal.
My commission expires: 199B
M Commission Expires AUI~ust 16, .
Y .
~r)CZfDM~:O
Notary Public
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
COUNTY OF PULASKI )
On this~~'\day of .uOl]e.rnber-, 1997, before me, a Notary Public, the
undersigned officer, personally appeared .Jim Kimzey who acknowledged himself to be
the Vice-President of Network Services of Cellular Phone of Aiken-Augusta, Inc.
and acknowledged that he executed the same in his capacity as such officer for the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
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. . My commission expires:
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1(){lJA~~
otary PublIc
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Lseopt::doc.
!te~; 5/27/97
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EXHIBIT "A"
LEGAL DESCRIPTION OF
PROPERTY
The property referred to herein as Premises is located within the parent parcel described as fOllO~. . S'. ..
AN AREA 60' X 60' located on Richmond County Tax Map/J' ~ ; ParceI9~; . . . '
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The property is located generally as indicated in the sketch attached to the Lease Agreement, ALLTEL will
replace this Exhibit" A" with a revised Exhibit "A" which shall be a metes and bounds legal description of the
Premises, and which shall specifically identify the length and dimension of the Premises upon which ALL TEL may
construct, operate and maintain its Communications Facilities as contemplated by the Lease.
. 'P. ~._"
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Site Name
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EXHIBIT "B"
LEGAL DESCRIPTION OF
EASEMENT
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The Easement for ingress, egress and utilities across the parent parcel described on Exhibit "A" to the Option
will be twenty feet (20') wide and located within the hatchmarked area on the sketch below. LandoWner and
ALL TEL agree that within one hundred eighty (180) days following the full execution of the Option, ALL TEL shall
replace this Exhibit" B" with a revised Exhibit" B" which shall be a metes and bounds legal description of the
ingress, egress and utility easement which will speci fically identify the location and dimensions of the aforesaid
easement.
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LEGAL DESCRIP lJON: PROPOSED CELL SITE
ALL THA T CERTAIN PIECE. PARCEL OR LOT OF LAND, L Y7NG AND BEING IN AUGUSTA-RICHMOND COUNTY,
GEORGIA BEING MORE FULL )' SHOMl AND DESIGNA TED ON A BOUNDAR Y PLA T FOR ALL TEL MOBILE
COUMUNICA lJONS, INC. BY IV.R. TOOLE ENGINEERS, INC. DA TED SEPTEMBER 5. 1997. AND HA VlNG THE
FOLLOH1NG ME7FS AND BOUNDS, TO HfT:
BEGINNING A T THE CENTERLiNE ROAD INTERSECTION OF ElSENHOKR DRIVE AND WASHINGTON ROAD AND
RUNNING NORTH .:J.:J DEGREES!! AlINlJTES .:JS SECONDS Hf"ST (N .:J.J71'.JS" W) FOR A DISTANCE(JF
1,698. 76 FErT TO A P REb'AR SET THE PO/NT OF BEGINNING; THENCE TlJRNING AND CONlJNlJING ALONG
THE LANDS OF AlJGlJSTA-RICHUOND COUNTY NORTH .:J6 DEGREES 24 MINUTES .f.8 SECONDS HE'ST
(N 36"24'.(.8" W) FOR A DiStANCE OF 6aoo FEET TO A # REBAR SET;' THENCE TlJRNlNG AND
CON77NUING NORTH 53 DEGREES 35 MINUTES 12 SECONDS EAST (N S.:J".JS'12" E) FOR A DISTANCE
_ . . OF 6a 00 FEET TO A P RE.9AR SET;' THENCE TlJRNING AND CON77NUING SOUTH .J6 DEGREES 24 MINUTES
.-"'''~8 SECONDS EAST (S .16"24'48" E) FOR A DISTANCE OF 6aoo FEFT TO A P REBAR SET,' THENCE
TVRNING AND CON77NUING SOUTH 53 DEGREES 35 MINlJTES 12 SECOND Hf"ST (S S3".JS'12" W).
FOR A DISTANCE OF 6aoo .'"EFT TO THE POINT OF BEGINNING AND CONTAINING a08 ACRES (.J,60aoo SO":-
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LEGAL DESCRIPTION: 15' ACCESS/!JTlL/TY EASEMENT
ALL THA T CERTAIN PIECE; PARCEL OR LOT OF LAND, L YlNG AND BEING IN AUGUSTA-RICHMOND COUNTY.
GEORGIA BEING MORE FULL Y SHOHN AND DESIGNA TED ON A BOUNDARY PLA T FOR ALL TEL MOBILE
COMMUNlCA TlONS, INC. BY W.R. TOOLE ENGINEERS, INC. DA TED SEPTE'MBER 5, 1997, AND HA VlNG THE
FOLLOU1NG METE'S AND BOUNDS, TO U1T:
BEGINNING A T THE CFNTE'RL/NE INTE'RSECTlON OF EISENHOWER DRIVE AND WASHINGTON ROAD AND RUNNING
NORTH 51 DEGREES 17 MINUTE'S 15 SECONDS M'ST (N 5117'/5- W) FOR A DISTANCE OF 1,557-1-3 FEET
TO A P/K NAIL SFT W/SHIM':R THE POINT OF BEGINNING; THENCE ALONG THE NORTHERN RIGHT-OF-WA Y
,_,coo_DF WASHINGTON ROAD(8t.' R,~ NORTH 53 DEGREES 19 MINUTE'S 28 SECONDS M'ST (N 5379'28- W) FOR A
DISTANCE OF 15.01 FEFT TO A P'/x NAIL SET W/SHINER; THENCE TURNING AND CONTINUING ALONG THE LANDS
OF AUGUSTA-RICHMOND COUNTY NORTH 34 DEGREES 54 MINUTE'S 33 SECONDS EAST (N 34'54'33- E) FOR
A DISTANCE OF 458.37 FEn- TO A P REBAR SET,' THENCE TURNING AND CONTINUING ALONG A CURVE
HAV1NG A RADIUS OF 45.91 FEET AND AN ARC LENGTH OF 5714 FEET AND A CHORD BEARING OF NORTH 00
DEGREES 45" MINUTE'S 11 SECONDS M'ST (N 00'45'''- W) AND A CHORD DISTANCE OF 53.53 FEET TO A #4 REBAR
~E.T; THENCEi:TURNING AND CONTINUING NORTH 53 DEGREES 35 MINUTE'S 112 SECONDS EAST (N 53'35'12- E)
FOR A- DISTANCE OF 24.57 FEET TO A P REBAR SET T1iENCE TURNING ~ND CON.TlNUING SOUTH 35 DEGREES
24 MINUTE'S 48 SECONDS EAST (S 35"24'48- E) FOR A DISTANCE OF 1700 FEET TO A P REBAR SET,.
THENCE TURNING AND CON7iWUING NORTH 53 DEGREES 35 MINUTES 12 SECONDS EAST (N 53'35'12- E)
FOR A DISTANCE OF 1700 iTET TO A P REBAR SET,' THENCE TURNING AND CONTINUING SOUTH 35 DEGREES
24 MINUTE'S 48 SECONDS EAST (S 35"24'48- E) FOR DISTANCE OF 10.00 FEET TO A P REBAR SET,. THENCE
TURNING AND CONTINUING SOUTH 53 DEGREES 35 MINUTES 12 SECONDS ItEST (S 53'35'12- W) FOR A
DISTANCE OF 3298 FEET TO A ;f4 REBAR SET,' THENCE TURNING AND CONTINUING ALONG A CURVE HA V1NG
A RADIUS OF 50.91 FEET AND AN ARC LENGTH OF 47.84 FEET AND A CHORD BEARING OF SOUTH 12 DEGREES
24 MINUTE'S 14 SECONDS u-1:ST (5 12"24'14- W) AND A CHORD DISTANCE OF 46.52 FEET TO A P REBAR SET-
THENCE TURNING AND CON77NUING SOUTH 34 DEGREES 54 MINUTE'S 33 SECONDS M'ST (S 34'54'33- W) FOR A
DISTANCE OF 468.83 FEE'T 7'0 THE' POINT OC' 8E'GINNlNG AND CONTAINING 0.20 ARCE'S (8.571.97 SOFT)
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'. This Document Prepared By:
ALLTEL Mobile Communications, Inc.
One Allied Drive, P.O. Box 2177
Little Rock, AR 72202
Attn: Real Estate Management Dept.
. .
MEMORANDUM OF LEASE
This Memorandum of Lease ("Memorandum") is executed this ~flaay of~, 1997 by and between
Augusta, Georgia, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond
County,Commission ("Lessor") and Cellular Phone of Aiken/Augusta, Inc., 8)' it'g GOReFaI-PlH1Rel', ALLTEhq.lL
MnhiJ~ ('gmmHRicatiofls,~ ("Lessee") and evidences that on the rday of /YOv, ,1997 a Communications
Site Lease Agreement was executed for the Property as that tenn is hereinafter defmed.
1. Lease 1~. The tenn of the Lease shall be five (5) years commencing on the 5th day of
November, 1997 and terniirlating at midnight on the 4th day of November, 2002. Lessee has the right to extend the
Lease for Three (3 ) additional five year tenns.
2. Properlty. Subject to the tenns of the Lease; Lessor has leased to Lessee the use of a portion of
the real property described in Exhibit "A" attached hereto ("Property"), and Lessor has granted Lessee an easement
for ingress, egress and utilities over that property described in Exhibit "B" attached hereto ("Easement").
3. Notices. All notices, requests, demands, and other communications to the Lessor or Lessee shall
be made at the following addresses:
If to Lessor, to:
Charles R. Oliver, Administrator
Room 801, Municipal Bldg (II)
Augusta, Georgia 30911
(706) 821-2400
, #58-2204274
If to Le:isee, to:
ALL TEL Mobile Communications, Inc.
One Allied Drive
Little Rock, AR 72202
Attn: Property Management Department
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This Document Prepared By:
ALLTEL Mobile Communica:tions,lnc.
One Allied Drive. P.O. Box 2177
Little Rock, AR 72202
Attn: Real Estate Management Dept.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above.
'''','
A TIEST:
AUGUSTA, GEORGIA
by and throug the Augusta-Richmond
Commissio
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ATTEST: IZAe'Z
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STATE OF GEORGIA )
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COUNTY OF RICHMOND )
Larry E. Sconyers
I, the undersigned, a Notary Public in and for said State and County, do certify that personally
appeared before me this clay and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal this ~ay of.LJ~M.-1997. ..:-,-:, c' :._."....'.. ' "\
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Notary Public ~: -, __' -:: ~ ~
My commission expires:
~93UbIfe.RIChmO.nd County, G110rl$l~
"'"11$510.. EXpII t1S DIW. 5. 200'1
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ACKNOWLEDGMENT
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STATE OF ARKANSAS )
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COUNTY OF PULASKI )
I,. a...:-,otary PUbli.C of Pulaski County, Stat: of A.rkansas, cert~fy that ~ ~ pers9~.al~ c.am.:,
befo~~l'!1e,thls day and acknowledged that he/she IS \JLU p~ of,~, ;~C;p~~'~,~.
,a' corporafiori;'l1apd that, by authority duly given and as the act of the corporation, the foregoiAg instrument was
'\.;s~gned:.i.ti'it~!l),~b.; by its _ President. ,scaled \"I ith i5 eOFf3erate-- scal. afld attested by himself/herse.J.f-fts- its
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~ '~: ~ -. .~I.~SS_ ~y hand;Cd official seal this@dayof . OJ,"~ ~~ l).:
:;. s;. My:comm15slgn ~~p)res: ~ //J)OO I ~ VII! N\-. V\.U}.DJ\
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LEGAL DE SCRIP 770N: PROPOSED CELL SITE
ALL THA T CERTAIN PIECE. PARCEL OR LOT OF LAND, L Y1NG AND BEING IN AUGUSTA-RICHMOND COUNTY.
GEORGIA BEING MORE FULl.. Y SHOHN AND DESICNA TED ON A BOUNDAR Y PLA T FOR ALL TEL MOBILE
COMMUN/CA 770NS, INC. BY H~R. TOOLE ENGINEERS, INC. DA TED SEPTEMBER 5, 1997, AND HA VlNG THE
FOLLOHfNG ME7FS AND BOUNDS, TO MT.-
BEGINNING A T THE CENTERLINE ROAD INTERSECTION OF DSENHOKR DRIVE AND WASHINGTON ROAD AND
RUNNING NORTH 33 DEGREES!! MINUTES 35 SECONDS #fEST (N 3371'35" W) FOR A DISTANCE.OF
1,698.76 FFIT TO A P RED'AR SET THE POINT OF BEGINNING; THENCE: TURNING AND CONTINUING ALONG
THE: LANDS OF AUGUSTA-RICHMOND COUNTY NORTH 36 DEGREES 24 MINUTES .f.8 SECONDS HCST
(N 36"24'.f.8" W) FOR A DIStANCE OF 6aOO FEET TO A P REBAR SET,' THENCE TURNING AND
CON77NUING NORTH 53 DEG"'E'ES 35 MINUTES 12 SECONDS EAST (N 53"35'12" E) FOR A DISTANCE
OF 6a 00 FEET TO A P. RElJAR SET,' THENCE TURNING AND CON77NUING SOUTH 36 DEGREES 24 MINUTES
,_.-:-,:: JIB SeCONDS EAST (S .16"24'48" e) FOR A DISTANCE OF 6aOO rEFT TO A P REBAR SET,' THENCE
TURN/NG AND CON77NU/NG SOllTH 53 DEGREES 35 M/NlITES 12 SECOND #fEST (S 53"35'12" W)
FOR A D/STANCE OF 6aOO FEET TO TH~ ".OINT OF BEGINNING AND CONTAINI,!G a08 ACRES (J.60a.f!~ SOf
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LEGAL DESCRIPTlON: 15' ACCESS/UTlL/TY EASEMENT
ALL THA T CERTAIN PIECE, PARCEL OR LOT OF LAND. L'r1NG AND BEING IN AUGUSTA-RICHMOND COUNTY.
GEORGIA BEING MORE FULL Y SHOHN AND DESIGNA TED ON A BOUNDARY PLA T FOR ALL TEL MOBILE
COMMUNlCA TlONS, INC. BY W,R. TOOLE ENGINEERS, INC. DA TED SEPTEMBER 5, 1997, AND HA VlNG THE
J:'OLLOMNG METES AND BOUNDS, TO Mr.
BEGINNING A T THE CENTERLINE INTERSECTlON OF ElSENHOUER DRive AND WASHINGTON ROAD AND RUNNING
NORTH 51 DEGREES 17 MINUTES 15 SECONDS UEST (N 51i7'I5- W) FOR A DISTANCE OF 1.557..fJ FEET
TO A P/K NAIL SET W/SHIM:R THE POINT OF BEGINNING; THENCE ALONG THE NORTHERN RIGHT-OF-WAY
_,:~F WASHINGTON ROAD(8'!' ~~ NORTH 53 DEGREES 19 MINUTES 28 SECONDS UEST (N 5379'28- W) FOR A
D/STANCE OF 15.01 FEET TO A P/'K NAIL SET W/SHINER; THENCE TURNING AND CONTlNU/NG ALONG THE LANOS
OF AUGUSTA-RICHMOND COLlNTY NORTH 34 DEGREES 54 MINUTES 33 SECONDS EAST (N 34"54'.33- E) FOR
A DISTANCE OF 468.37 FEET TO A P REBAR SET,' THENCE TURNING AND CONTlNU/NG ALONG A CURVE
I-fAVlNG A RADIUS OF 45.91 FEET AND AN ARC LENGTH OF 57.14 FEET AND A CHORD BEARING OF NORTH 00
DEGREES 45 MINUTES" SD::ONDS UEST (N 00'45'''- W) AND A CHORD DISTANCE OF 53.53 FEET TO A #4 REBAR
sr:J; THENCE TURNING AND CONTlNUING NORTH 53 DEGREES 35 MINUTES 12 SECONDS EAST (N 53:15'12- E)
FOR k DISTANCE OF 24.67 FEET TO A P REBAR SEr. TH.ENCE TURNING ~ND CONTlNUING SOUTH 36 DEGREES
24 MINUTES 48 SECONDS EAST (S 36"24'48- E) FOR A DISTANCE OF 17.00 FEET TO A P REBAR SET,'
THENCE TURNING AND CONTlNUING NORTH 53 DEGREES 35 MINUTES 12 SECONDS EAST (N 53:15'12- E)
FOR A DISTANCE OF 17.00 FEET TO A P REBAR SET,' THENCE TURNING ANO CONTlNUINGSOUTH 36 DEGREES
24 MINUTES 48 SECONDS EAST (S 36"24'48- E) FOR DISTANCE OF laoo FEET TO A P REBAR SET,' THENCE
TURNING AND CONTlNUINC SOUTH 53 DECREES 35 MINUTES 12 SECONDS UEST (S 53:15'12- W) FOR A
D/STANCE OF 3298 FEET TO A j'4 REBAR SET,' THENCE TURNING AND CONTlNUING ALONG A CURve HA VlNG
A RADIUS OF 6a91 FEE'T AND AN ARC LENGTH OF 47.84 FE'E'T AND A CHORD BEARING OF SOUTH 12 DEGREES
24 MINUTES 14 SECONDS JtEST (S 12"24'14* W) AND A CHORD DISTANCE OF 46.62 FEE'T TO A P REBAR SET:
THENCE TURNING AND CONi7NUING SOUTH 34 DEGREES 54 MINUTES 33 SECONDS M'ST (S 34"54'33- W) FOR A
DISTANCE OF 468.83 FEET TO THE POINT Or BEGINNING AND CONTAINING 0.20 ARCES (8.571.97 SOFr)