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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 ,-....-:1\ NUMBER OF PAGES: '->" \ '; .( t " . .~ .... .- '~ 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 1 4_1 C . i:' e 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; 2 l: C .' (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. 3 - ..., t 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. 4 (. (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. 5 .. (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 6 .' 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. 7 i 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, 8 k 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. 9 .< 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. 10 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. 11 .. . , . (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. ...-:-:' ... -:=;..: :~ ":'~ ," ~ ~ 7"" '.. ~ ',.--, "... ~ '\ . ~~ ' 't~ 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. 'r::Jt~~ .euL. pur: Cl tt: Secretary' ~ [~} f:Ir~51 : {~aQ~' [sf,m-)' 7J 12 .. t , . . 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 :" " . ''<is:!;' f\' L) (- .._&~ ..", ' , '~~ .,_.. -..~.:--;.' "" ,,/""< ~ ~ .j'O- ---: . ..:-- 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. ." . . My commission expires: .; . 5j1;/~8 '" , : _ ~' (S. E ~. ~) 1(){lJA~~ otary PublIc :;:.- -~~ ~- .' .i " . .~'" Lseopt::doc. !te~; 5/27/97 . . , 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~; . . . ' . . , . ......." . . 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. ~._" IJV -000-000) Site Name \ , '\' .. .... , . ~.. Lseopt:tfoC. i1ev.' 5/27/97 ). t . ~. . .,_..,' .,-.-'.:'" .. , ~ -._.t. . EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT .' t; 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. .. . " '.: ~ ';'- ~~ '. I;';. EMS pJIi "",,,,- -,f2J2~"'/ :. /..//....H~ U .. .' . ..- ~. : ~.... . f......J J ~ Ol.'J) c..{M(~1 I I #:::: . . . . ......a.: / . ("o"')r (po ~ p.e{,A . (1 Cll {AS(MI~'\ "'nttZ.ou~,l-I Cf.-/'ALTAfl.....( U}. , ~ ..!) ~ -:r ~ 3 ,- .' ~- J .'~ :_ ; ,',' . ~\ .: , ~.."j_.; : 9: . , . tv ~O\ ~ ScA1-~ '.-'-"},~:.,. ~ . ..' .,i. ~:- "." ~.; . ..:......-:. . . .' , "'- ....., "" - . - ~'~j~_:.:. ".,.). . . . :.~':- '. . . 1 ","" ..t' ~. ..:~,~;< :. ~ ~- . ": ~~' ,: ," . ; r.' (JV-OOO-OOOI Site Name \ \ i ~ ;- .. 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":- . ." . ,,~,"O;:":"-" ': . ....... ".l;' . -'--- ,-- ~ ,~~ \.. - 4:'''' .~~ A i 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) '. " ~ . .A 1 .-.~ - .J '. 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 ,,. i ...:... ...~ .c. 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 () ,. /'- . ...... - 'I ., .-, - ~. --: --.....- ..:",,' ~' /' ATTEST0 ~?t~-:~?,~~~ [ SEAL] ATTEST: IZAe'Z "~~-.._,-,--.~ ~'. ..',~....._--.- . 't"... ~ . ---.-. ,,---" .'~,..- ~,.:.--..:.: - ..: STATE OF GEORGIA ) ) 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' :._."....'.. ' "\ ~ ~' ~~ Lt,_~, ..... '-.' (~~ i(~~.-~;'";' ~.'/_% Notary Public ~: -, __' -:: ~ ~ My commission expires: ~93UbIfe.RIChmO.nd County, G110rl$l~ "'"11$510.. EXpII t1S DIW. 5. 200'1 : ".r 'J' . .- . ~ '1'~."f''' ') ~ ACKNOWLEDGMENT ,,' ", .' STATE OF ARKANSAS ) ) 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 .:'> . _ _ .,.St:l,;~cta'f"yt- ' ',~ '; .i '0'. '.-:" ~ (\ ~ ~' ""'.\...... ..,,~~- ~ ~ '~: ~ -. .~I.~SS_ ~y hand;Cd official seal this@dayof . OJ,"~ ~~ l).: :;. s;. My:comm15slgn ~~p)res: ~ //J)OO I ~ VII! N\-. V\.U}.DJ\ .'.'-.' ... - - _ ~'/ otary lie . ...... .. -' ..... ..~ ~....... ...... , . ,~ , " ." .. 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 .--, "",-:. .::.... ,- ~..:: .;;...~ \.,!.:~. \" - .~~ l.j.;C~ ,l ~ ~. ", ~ 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)