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Home My WebLink AboutCO-LOCATION LEASE TERMINATION AGREEMENT SUN COM WIRELESS ;~* Ii, ~ !W!I~IJ~;!VlVlVlUUIVIV CO-LOCATION LEASE TERMINATION AGREEMENT ~~': ITNE WHEREAS, Landlord and Tenant, entered into a Co-Location Lease Agreement dated July 7, opy of which is attached hereto as Exhibit "A" (hereinafter refe as the "Agreement"); and ;lJil~i.~.,.i; CO-L ")' d ,IJ'ill!lli 11@I!f tho r7 d t Isma e aso IS-t- a Augusta, Georgia (hereinafter referred to as "Landlord), and SCorn ireless Property Company, LLC, a Delaware limited liability company, successor-in-interest to Triton PCS Property Company LLC, . r referred to as " REAS, NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties ee as follows: The p terminated in its entirety d icensed term thereby de the signing of this Termination Agreement. Tenan. I executed ", with Utili described in Exhibit "A" attached hereto. sly with in Licen unications, Co.. is hereby ereby brought to an en 4. We wil termination of the same. ent and and/or r the full 0 do so mdemni(y th st any liabili suiting form such officers and or representatives having the authority to executed this Termination Agreement. 1 \:'Umr:?/'~""""j ;~:'~~*' ~ijijmw! 1Vl~~!U'!1!' COUNTY OF 2 :'L~~f ~<-.~~,__i'/-' WITNESSES: ompany, LLC, a Delaw company, LLC. 3 T \\\\\11111/11 ,,\'x,\.to. .I /11 ~'~~ ~'t' ", - N ..~!: PUBLIC -,~ ~.~ -::-~ "ft~~, ~'_"~0 '-:Iq:7~:/ 0_,~,,~ "III!~lj!mll!l)\' EXHIBIT "A" on Lease 4 j~,* IS CO-L' '7 day of (hereinafter referred to s "LANDLORD") and TRITON PCS PROPERTY COMPANY L.L C. (hereinafter referred to as' HEREA a certain , Augusta, G i8:iWh, perty is mor; escribed in ExhiM~;" attached hereto and made a part hereof)(the "Premisesj, and LANDLORD owns a water tower (hereinafter referred to as the "Tower'1 erected on the Premises; and NOW, THEREFORE, for and in consideration ofthe mutual promises and covenants 1" LEASED PREMISES: USE OF LEASED PREMISES: LANDLORD hereby leases to TENANT space on the ~ wer to the extent necessa 0 enable TENANT to intain, reJ?I~,ir e the foil equipme ose of a CdIJ'1III,11" , and use {a} EMSRV90-17-00DP lL.) transmit and EMSRV90-17-00DP <2-J receive antennas and ~ Microwave dish(es} to be located OR Ik of the Tower. '11 cause a s be perfol1Tl ,,- tage of T y thO,s equ"I'!!II'~ s expens~ R may su e of anten g this Ag il"'~, as long as TENANT s ys on .the catwalk, does not any additional tower capacity and complies with all the other terms of this Agreement (i.e", interference.) 1 :;:" ;Ljl:'t""'.':'h';*:'~";~: rllJllWw!'!u,UUUJI'i" TENANT shall furnish, to ~s unmanned equipment shelter, electric and telephone 'ce for the operation of TE s communications e ui TENANT shall be able f?r g to its i ent. '~I!illllli" I service ~H~. .~ _ etered an sponslbl I s s associated wit&ng7mCluding the costriy meter. LANDLORD hereby grants non-exclusive easements for access and utilities to the Premises!,,~1"I . the term . the right . or to ti"'~"III'" . .' e Leased rvice th " '!II."IIIIII!11f , Tower, a '~o equipment. provide 24 H days per week access to TENANT for maintenance purposes. ENANT shall ing, impro g antenna remises for any 0 3. RENTAL: Beginning as of the commencement date of this Agreement, as defined in paragraph 2 above, TENANT shall pay as an annual lease fee, in advance, the welve ThQJt liars ($12,000 sum shall ANT on ~. e comm year tN out the tef I ! r i [ , , i i I [ i I I ! j 1 i ! I t I I I j I I , 1 i I I i 1 i I I I I 2 \,,\;3' ~:_^*r ;~;~' '/~j~l~j~l~r The annual rental for the extended terms shall be as follows: 2nd dterms 5. TOWER STUDIES: TENANT shaD be solely responsible for conducting any and all Tower studies necessary to determine the feasibility of Tower loading due to TENANT's . Should Tow .. e required all. odificatio 'WI ~@ 1IWli ~i by TE .. bmit pia . . 0 LANDL approval pn J)1M ent of any m i~I'!'1 , ORD shall _ a Tower inspection upon completion of modification to insure work compliance. Should Tower inspection identify non-conforming work, TENANT shall correct such non- ing work after which D wiD conduct ana . ection to appr ctions. Cost ned Tow' correctio's e sole cost . NT and s rsuant to th' n conditions set raph 7 of this Agre 7. NANT, wit ind to lAND , may commence work only after LANDLORD has approved all studies, plans and specifications in writing. LANDLORD's approval shall not be unreasonably withheld or . TENANT a ith aD of LAN ' ble requireme RD shal consult ctor prior 'on and/or I require a ructure. 8. STANDARD OF PERFORMANCE: TENANT, at its sole cost and expense, shall the approved work tQbeilH1'lc;lone and completed in , substantial and I'k lllij~lilll~! 1I'''I.I,IIIIII''!C'il d d ~ Ith . II, I e man ' . an ell ce w a 1''''1 ~; ents, an class ma TENANT . so e y responsible on means, me ques, sequen procedures,.and for coordinating all activities related to the work. 3 '"'""","::J:~;:T;:;;~7* expenses incurred in connection with the work, TENANT shall pay all sales, consumer, similar taxes . '111'll, ,'n connection d shall se II' ~!IIIIIIIIII. <~m f th penn . ecessarY e wo to indem old harmleSs LANDroRrrfrom any and all claims I ay related to or arisin 0 TENANT'S leasing and use of the Leased Premises (including without limitation TENANT's use of Hazardous Materials on()r t the Leased Premises) ed to or arising out amage 0 lllllm"I'11 ersons, ccurring ~ e Leased eriod fro ment to~ ease Term ( ewsl terms), in e attorney's expenses of litigation incurred by LANDLORD in connection therewith. TENANT further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims ge or iniu t . ny individlJ~1 ined by hi . n with aintena; u_' commun ent, and he" DLORD fro Ction with an claims. LANDLOR all be liable for any damage to any of TENANT's equipment located on the Tower arising out of or in connection with LANDLORD'S use or occupancy of the and Leased Premises.IT11a. sed by the n iIlful or intentiQIJ uct of it i,,!,IIII!III. ,s. For p n, "LAN .~= ~. . Aug~sta'ill'III!IIII!jlll!!III~ l~~jll!lf"'l1 , -Richmon n, and all !~",' ec ed offiCIals, agen, esentattves and e 0 same, and "Hazamo Materials" means any and all polycholrinated byphenyls, petroleum products, asbestos, urea formaldehyde and other hazardous or toxic materials, wastes or substances, any , and/or.c other si aterials r identifi lated by a callaws, 'ons {wheth hereinafter g to environ regulations, contamination, cleanup or any judicial or administrative interpretation of such I i ! I I I L. r ! i 4 '\. ; i """".,_~"."i i~i,"~<",; ~j'0~< laws; rules or regulations or any substances that after release into the environment and Without limiting the foregoing, TENANT further agrees to maintain at all times during '00, at TENA prehensive liability insur e agains ~ury, des age ocCu"" ion with pancy of the arising 0 ownership, improv . , epair or alteration of e Premises with Ii 0 coverage of not less than $500,000.00 for personal injury (Including death) per person and $1 000,000.00 per Qccurrence and ot less than $1,000,000.00 for ro erty damage. The remiums nce req t shall .~ T. Polici the nam NDLO ate copies 0 e delivered All policies providing insurance coverage required to be maintained by TENANT der shall I!~ Augusta-Rich mmission' TENANT !~, ents, me d succe insureds, a , ~ ma appear, and n insuran ~wMj'!ij~ or carriers licensed 0 do business in the State of G orgia and reasonably acceptable to LANDLORD. All such policies shall provide that no act or omission of TENANT or its servants, or em 10 ees . any way invalidate an . ce coverage for mad insu licy pro . erage req ded byTE"II!'!lIdll' II be can . 15 days a ,;:::::~ w n notice to LA . All insurance policies ereunder, or copies th)!1"90 , shall be provided to LANDLORD by TENANT. I I I I I [ r roval by res . , b silllllllllll!!; or su ,or in th n ~ ~t Ts use of s 'se encumb determined to be inconsistent with the interest of LANDLORD'S use of the Leased Premises, either party hereto, subject to all other terms and conditions of this Agreement, ve the right to te . ~tt;'isl'i1I1I: . r~ment by nine ance writtel1 n . er party jllililISwlijilll!IJ,,,,I,'lIllc shall rele TENANT~ - bligations .1" 0 the other. NT shall p remove, at TENAN'fl11111o xpense, its antenna and 0 er equipment and lines in by or for the benefit of TENANT. I I i I ! f ) i } L 1 , I I I i I I l I r yother a r provisio ment after s' notice and d D may term in Agreement immediately, without further notice, and require TENANT to remove, or cause 5 !~;~;:* 15. ermination of ,ent, TEN removeiV!1fl1fm . ,uptoth na and a mounting brackets, sion equipment, con undations, fences ana er associated structures, and restore the Leased PrE!mises to its original above grade con . ion, ordinary wear and tear ted. If such time for remo uses TENANT to n the L Tower aft expiratio ent, TENA e then e basis, u as the remova rsonal prope completed. ! i I I I i I I I I I I I I 16. INTERFERENCE: (b) TENANT agrees to install equipment of types and frequencies which cause interference to RD or other occu Leased Premis. re in pia f the dat If reque-'~ RD, TE tailed RF showing p ~~=< confliCts between T equencies and tho RD or other occupan already in place on the Tower. In the event TENANT's equipment causes such interference, TENANT shall take all steps necessary to correct and eliminate the nce. If sai . be elimin~, ours afte notice fr NANT, T- Iy discon power and s equipmen ent operati. . the purpose of testing, after performing maintenance, repair, modification, replacement or other action taken for the purpose of correcting such interference) and if such interference rrected within er receipt of TENANT a re TENAN Leased ement s e without ~ her part ex cally enu ~ .~ herein. ".~~ I' 6 i t i I , [ I I , I I I I I LORD enters into lease or' se agreements with OLO such Ie d freque se interfe T's comm ns being co Leased Pre LANDLORD ~grees that in the event such lessee or licensee causes interference with ~\*~"""~*{ '~~_,,<11"; ~r_" TENANT's equipment, lANDLORD shall require such leSsee or licensee to take all steps ary to corre . e interferen rence ~nn within '1I11111!"" ipt of the int~ife NDLORD icensee, LA use such Ie licensee to disconnect the electric power and shut own lessee or licensee's equipment (except for intermittent operations for the purpose of testing, after performing maintenance, . edification, re ment er action takenJor of correcting s nce) and' not COITe. days afte en no or license , upon TE 1'111 II t · I' t f th l'li. ,.111111 1,.li eques, cause su ee or lcensee to rem qUlpmen rom e ease Premises. a. ay not be so ransferred w' written consent of LANDLORD, such consent not be unreasonably withheld or delayed; provided, however, that TENANT may assign this Lease, without the prior consent of , to any slJ r " to TENANT 0 . f TENANT. assign"-~' ndition t und by a onditions a reement.=, ot release T from any liability 0 'ng or arising prior to the datEnjf assignment. val of LANDLORD, uipment, olders of ,~ erests including ssors or assigns (Ii actively referred~to~ "Mortgageesj. In such event, LANDLORD shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. LANDLORD agrees to notify T and TE ' imultaneo, TENANT , agees tli ny default t the cur . Mortgagee n ten (1 Q) the default It is expressly understood that TENANT's equipment referenced in this Agreement is considered personalty of TENANT, and that the property on which TENANT's equipment cealed pursua' nt is the prop , Any m~rtg g of a ment un hall con .~ s person ." ay be con ing or gra . '!lilIIIU~~!I""'"' , security interest in 0 signing any rights as to an LORD's real property. c, TENANT mea . not sublet any portion of the Le ed Premises, 7 :~~ 'l~~j~~I~~~ !J~!lllijm;m!lIVIUU'!I" ~~ 18. NOTICE: All notices hereunder must be in writing and shall be deemed valid, certifiedJTia uested. 0 rief servi . proof of t;ill11iic IIows: or fesS that notified may 0 the sender east thirty (3 prior: Aug clo C s-R: bliver. Administrator Room 801, Municipal Bldg (11) 530 Greene Street Aug i ! l I I I ! I I I I I I ! I- I I I I i I ! ! 20. e whole of t emises. or such thereof as will make the Leased Premises unusable for the purposes herein Leased, are condemned by any legally constituted authority for any public use or purPose, or sold eat thel1 . events shall when po ed Premis ower, is uthorities, a ccounted for ORD and ,U~ as of that date on a pro-rata basis for rents paid in a vanqe. Any lesser condemnation shall in no way affect the respective rights and obligations of LANDLORD and TENANT er. Nothing in tl)is,Qr all be constru ct TENANT's ri d f filllll!lm'fMI!IIIIIIIII!!II,'''"j" .' t' to th ar o' , emlnen r e s anten !1I!:~ken. 21. GOVERNING LAWS: This Agreement and the performance thereof shall be med, interpreted, construed a egulated by the laws of th te of Georgia. ,and oth enant arising to the Agre , decided in the Superior Court of Richmond County, Georgia. 8 Agreement, specifically consents to venue in Richmond County and waives any right to t the venue in the Su . ourt of Richmo ia. Nothing' . ent shall.aiver by a .. laim for ~ 23. FINAL AGREEMENT: AMENDMENTS: This Agreement represents the final agreement of the parties and no agreements or representations. unless incorporated into reement,sba ny of th ment ma ed except ~ all parti 24. LA. This Agreement grants to Tenant a leasehold estate and not merely a usufruct. () he undersigned warrants is Lease e or she has the full indicated. 27. MI CE e request of , 0 agrees to e a memorandum or short form of this Agreement in recordable form, setting forth a description the Leased Premises, the term of this agreement and other information desired NT: .for t~iil:P~lilll,,\'l:~e)li,~I~blie noti s. If LA rovlde su~:RI;HQten (10) d uest, TE ti iii.illlli 1"IIIII!i.llilllit1lJili1illllil':-.. j;:o;.'...lill~'IIII!\' th I h t' s op on, rg!yw'l/",n accrue e J sue Ime a, document is received~by TENANT. IN WITNESS WH e seals th arties hereto have set n below. NOTARY PUBLI. . . . ~~ Rfchmond County, Georgia .mmission Expires: Exp1nls Dec. 5, 2001 AL SEAql~~rlrrn . [5 9 's'^"'~"_n""0"r' :~:\~:'-' My Commission Expires: (NOTARIALSEAL) 10 Market: A1\anta Site Number: 9AT0709A S. lumbus NE License Agreement 5 ? J'~"< ;~:; ;-~~~~~5:t:~'"'-71'> * '~; ~,~*** I Il CO R P 0 R. A lED Tank Owner: k Location: 11~lijlljll~Umm'!lllU>' Augusta Utilities obacco Road a,GA 65 9915 lcensor Proje Licensor Tank No.: see Na see I.D.: Prison License Agreement RECITALS e:~n~~gr~'r . tered in ~:s oit~mmdfftcm.ion "11111111111111 . .. . auk Owner") des on XhlbIt B attachede , ereas LIcensor under that Agreement to enter licensing Agreements with respect to the placement of certain electronic Equipment and related enclosures in or about the Site (as such term is hereinafter ) and up~n,t such t .. ed) and .. . ures and b&u.. nd where ave mutua icense purstiilit all of the t ereinafter se AGRE PRlETARYIN DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL NOW THEREFORE, in consideration of, ana subject to, the timely, faithfu and full performance of all of Licensee's obligations hereinafter set forth, Licensor does hereby grant . ensee a license as :fi 110 -----~~ \- ~Mf.;: .', ~--- *- ~~- ";I~~m~J~~~~~I: 1. r:: ;: '~ icensor's f th T t;;,IIIlllllli..njillllll!!!I~t ") 'f (' 'ded .t:.i o e qUtpm ea 1 any a , proVl UI hereby covenants and agrees that it will not construct any improvements at the Site without Licensor's prior written approval. No outside storage of any kind at the Site is permitted by eement witho . Otten consent of . 2. Term and Termination e earlier of the Exhibit C ate") and s for a period of five 5 years ("Initial Term") willi our 4 additional five (5) ye renewal period(s) ("Renewal Terms"), subject to Licensor's renewal of the Management Agreement itial Term and the Terms 'shall be collectiv eferred to herein as th "). The ut further acf . t!lllllillllll~ f LlcenSO . ~, € ,~" e . . _.' . y may t !~IIIIII~~II!' Agreement at the ration of the Initial Term oFaf expIratIon of any Renewal! y giving the other party written notice not less then ninety (90) days prior to the expiration of then current term. (c) This Agreement may be terminated by the Licensee upon sixty (60) day e Site h Licensee act of God or OPRIETARY IN DO ,NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL notice C~~, . ected maim' acts of a thw , of both Licensee and Licensor. 't._"~'''_*i;" "''''"'',^,*<<-,...C.'' '.~ "ljI~illll!l!!II~"' ~WIIWI' ~~-;;-" (d) . s Agreement may be terminat at any time by Licensee with sixty (60) days written notice to the Licensor, providing that Licensee shall pay to Licensor on or prior date of such te .. . greement a s 1) year's Site y be termin a payment default) any covenant or term her y e other party which de IS not cured within thirty (30) days of receipt of written notice of default (without, however, . .. g any other ri t available p the parties pursuant provisions hereo . If e is in d ayment 0 . d fails t within t after Li en notice - ~, Licensor, Licensor y ate this Agreement a er pursue any and aUtI remedies that Licensor may have hereunder or at law or in equity. 3. ncement Dat ), the th ayable by e Licensor s y an amo four nercent (4%) percent over the total Site Fee payable by the Licensee for the preceding twelve (12) month period. s that the payment of an andpai shall pay the monthly fee fi payment made more Accounts Payable Notice Address set forth in Section 15. ;-~~'ii:='~le hereun O"C~, ;"~c ... tive Fee p e payable and d Clecllsor Accounts 15, or to such other address as Licensor shall designate. To enable proper crediting of Licensee payments, please include the Site Name, Site Address, Site I.D and Licensor's RIETARY DO NOT DUPLICATE OR RE-DISTRIBUTE WImOUT APPROVAL ijW!ljWlli'il'J~U~IU" f~:~7 Project number on remittance to Licensor. Licensor's federal tax identification number is 58-2587465. 4. The Site shall be provided in "AS IS" condition by Licensor. Licensee has . . ted and inspected the Site and. inspected the Site and 18 the physical condition f and ac1m esentatio een mad ensor as to ;7-"'C~'-=9 Site, inc1u ase may b . Equipment Shelt 'aSTto~any engineering data. ee is responsible for de a aspects as to the acceptability, accuracy and adequacy of the Site for Licensee's use. Licensor shall have no obli atiQ!l to obtain licenses for Lic e or to maintain, insure, c. '"""'llmrl~M,i'~n' e or saLe ent. 5. InstallatioD_ Maintenance_ and ODeratine: Procedures (a)~, ereof in cO-~' e, or Federa g jurisdictio ereto (includi limitation, the rules and regulations of the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA") and the Occupational Safety and Health . . stration ("0" shall attacp. ibHi . s Agreem . operatin of other hich it h ent to this . "",lll'l! the installa . ent, or any ;,~ ~u or changes to the Equipment, if any (but excluding repairs, minor modifications and/or replacement with substantially similar Equipment), Licensee shall comply with the following and conditions: the Lice Address set fo m ectioD 15, all plans or such installations, modifications or changes for Licensor's approval, . approval shall not be um bly withheld or dela o assure with the eement, cations fo uipment and any IOns thereto shall be su Licensor for their review and approval. rk perfo '~~, on, maint t;icensee's Equip cost and expense either by Licensor's employees or by contractors approved by Licensor, such approval shall not to be ably wi 1 . ensee shal RIETARY DO NOT DUPJ,.ICATE OR RE-DISTRIBUTE WITHOUT APPROVAL ,~ .,,,.,: \'.~'.m",.,i ~;~~~ c~,.".,-,.,-, fully trained technicIans and authorized personnel to work on its Equipment located at the Site and such technicians and . ed personnel . such work . ce with a and oth les, and r g all laws regulations involving 10 frequency (RF) radiation SSlon and/or safety work standards for work performed on or near .co . cations towers, T tenna Sites. Licensee vide certi ce with ents as . ficatio technicians and/or p e contracted by it on the Site. Such certification of compliance is to be provided at the time designation of a contractor is made to the Licensor by . see, as Wfl~ll time as ~i~'f. Licensee s ' ctors, as r' !I~II,IIII",. b tnetrengagement, e ound by S10 s substantially similar to those set forth in this Agreement, specifically those provisions relating to the indemnification of or and . ents set . l'gagement e Licens . the Licens obligations' Agreement. Workman-ship that is reasonably unsatisfactory to Licensor must be repaired within thirty (30) days of Licensor's . of written no . . ensee. If Lic . such rePm Jij;, ole cost jfif thirty (30) livery of . , Licensor may perform all the necessary repairs at LICensee's sole cost and expense and such sum shall be immediately due e rendering of .. . censor to Licensee fee due No work perform y ,. Licensee, or its actors, subcontractors, or materialmen pursuant to this Agreement, in the nature of constru' . ta1lation, alteration or the T ' s Equip to be for benefit 0 or T~ Owner so Ii~ijWfi!1ec anic's or other Ii e allowed against the Tank or Site and estate of the Licensor by r~,Q.1! of any consent given b~ "Licensor to Licensee to ,... .c~=o. the Tank 'c's or other , . '!llliIII"'; une be fil SIte of w . de is a part by abor, services, performed or furnished, or alleged to have been performed or furnished, to Licensee or to anyone using the Tank or Site r under . . . I forthwi PRlETARY IN DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL i~' =t:r=ii t~.--"",.,,*'* ~~~lm~~lm~ to be discharged of record or bonded to the satisfaction of the Licensor. If Licensee fails to cause such lien to be discharged within thi it has actual tic,e 0 fu~~~ oth~ri~ or, Licen ischarge paying the amount c to be due, and the amo so paId by Licensor, including reasonable attorney's fees incurred by Lic or, eith~ in defendin a' uch lien or procuring the or disch ogeth~ at the sta: due and Licensee to Licensor ee h~eund~. All ,Licensee's Equipment shall be clearly marked to show ll!IIII:@m~I'1 ~TITIi' , ~.~ d~- s name, , 1 ~' wess, d th ~llllllli . ta t . an en concI 111~llllllllii FCC tp t em~gency, cy, ou U location. All coaxial cable relating to the Equipment shall be identified by Licensee's name and frequency at the bottom and e line. Li onsible for t the Sit uirement c 00 to the T request, Lic . promptly deliv~ to Licensor written proof of compliance with all Fed~al, State, and local laws, rules and regulations in conn.ection with an modification illlllll'lll!ijlll!III'III!'~illlllllllbt. (b) Notwithstanding anything to the contrary contained h~ein, icensee agrees that in all matters wh~e Licensor's approval is required, and Licensor determines in . Ie discretion . terf~ence or other' . n with the business 0 .' n~ll,ml~,Nll~llltfi' r, Tank' g hcens' te right to W! , al. ~: (c) In the event that Licensee requires an electrical pow~ supply and/or usage ent from that current! . e at the Site, Licensee its sole cost and expense such pow perform . this Secti Y with the . .. n 5(a) h~ agrees th . . 'I'IIIIIIIIIIIIIIII! . . . lme msta1led by LI s run WIthin the curr en 0 Icensor and n from such easement right shall be corrected at Licensee's expense, which sum shall be . ediately due as an additional fee h~eund~ upon the renderin of an invoice by Licensor ee. (d vent a zoning vari in connectio installation or modification of the Equipment, Licensor shall have the right, in its sole discretion, to eith~ (i) cancel this Agreement, or (ii) allow Licensee, at Licensee's sole cost RIETARY IN DO NOT DUPLICATE OR RE-DISTRIBUTE WImOUT APPROVAL \\ID~IDID~J;' ~;~------;;; and expense, to obtain such variance. Licensor s , at 'Licensee's request an reasonably cooperate with Licensee in obtaining such variance. (e tion Req Licensee's employ s have access to the Site purposes of maintenance an of Licensee's Ground Equipment. However, the Licensee cannot access any of its equipment on ank without first sp . ith one of the Licensor's n ,cts listed in Section 15 or Acces ;"""_~c ent". Li e acces . Tank by message . Licensee , )~ii" covenants that it ss the Tank with g with one of 'II!; contacts listed in Section 15 "Licensor Access Notification Requirement" to identify: (1) who will be accessing the Tank and (2) why they will be accessing the Tank. In the event censee sh 's assistan' e Site, L' e Lic xpenses i or as a r emergency access. Site shall be nuing contro e as reasonable security and safety procedures established from time to time by Licensor. Licensor may, from time to time, establish reasonable rules relating to the Tank and Site. e agrees to m' les. (f) 1 a Equipment be accomp ""~ii;wl\ manner that will minimize the impact to the structural integrity of the Tank and its interior and exterior coating. Utility Service Company must be given the "First Right of Refusal" to the interior t s that are curr I . .. ed by Utili . y. Lice~lm~lIii' ith a co er (PO) ceed (NTP) 've schedul up will b Installation of antennas and coaxial cables shall not create a safety hazard nor int ere with the ongoing maintenance and/or operation of the Tank. Licensee shall bear all cost and e associated with r coatings damaged by . lation of Licensee's ent. (i) A final inspection must be completed by a representative of the Licensor allowe,9~o go on air. Licensee must supply advance notice to i =~;. nspection unreason (g) s dural analysis and dra Licensor's requirements described on "Exhibit D". RIETARY IN DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL Licensor' 'f~': c!!IJ!J~~Jilli~~~~1 ,. .,-,--"",,:;g,; . on, maintenance eration of the Licensee's ally, or i whatsoever" icensor 0 and/or t ite or the opera Notwithstan In this Agreemen t09lie contrary, it is expressly understood and agreed that if the installation and/or operation of Licensee's Equipment interferes with: io cornm t insta1ledla eement, Li- cooperate fully with ensor and any future license t ("Future Party") injured by Licensee's interference to remedy tb.~cjpJ~erence. Licensee shal hatever Licensor deems ~L':;:= -=~' Y necess terferencCifEi<lrrl.l\ . ,I~IIIIIIIIN .'~ .', , that all ymg such . s iilrbe the respon 1 e uture Party, interference is due to failure, defects or deficiencies Licensee's systems, Equipment or installation. licens to third p installation and operation of radio communications facilities. Licensee accepts this Agreement with this knowledge and waives any and all claims against Licensor resulting r attribut!b1 . !-d used byquipment, l~. . . . s of opetatl ,- - icensor in e Site. 1,.;1'1111110 all claims sing from in to Licensee . Equipment, facilities or operations employed by any other licensee or tenant of Licensor in its business upon the Site. In the event that any such interference occurs that materially . es with Lic' . f the Site, Li . remedy, in li TARYIN"",,,,,, DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL 8 and all other rem les a aw or in equity, m . s Agreement a e thereafter by giving Licensor thirty (30) days' prior written notice to that effeCt, and such 'nation.shall be effective at e..end of such thirty (30)dlly eriod, provided, however, h termin . tive if . . il . r ch interfi (30) days 0 . on notice Licensor for the period up bon of this Agre vance payment after the termination of this Agreement will be reimbursed to Licensee. -1'"";,'".;f-.;~~1 ,~, .'."h"*~" (c a(s) at lcensor's expens , of Licensee's Equipment. 7. In the event that Licensor, in its sole aiscretion, determines that any structural modifications or repairs need to be made to any portion of the Site due to the presence of . ee's EquiP!1l im rovements, Lice . Licensee of th cations or - 'ng proc to: (a) Ifstructural modifications are necessary prior to Licensee'sl ation or modification of the Equipment, then either: (i) Licensee shall, at its sole cost and expense, tly make all such notic difications in accordanc . ction 5 hereof; or ii If oticed m . mpleted of such sh~l ha~elY~ljllli l~~ '\'~'I,!ii'i' ~ ~s Agr other p days' pnor wntten Ice of such termmation. (b) If repai are necessary due to the pr~,enc of Licensee's Equipment, License d exp such noticed .. accordan t. th I1111111111I1I ereof; In e' emergencsn ave the right~' odifications Licensee's expense, upon notice to Licensee, and such sum shall be immediately due as an additional fee hereunder upon the rendering of an invoice by Licensor to Licensee @ moilifi~tio Tank shall become the property of the Tank Owner. Licensee recognizes that the primary function of the elevated ank is to provide water storage for the Tank Owner and its customers. Licensee understands that . sor and/or the find it neces . time to interru: t 8. 9 interfere with Licens e's use of the Site in order tomauitain, repair and monitor e aiik. Licensor will make every effort to minimize such interruptions and to make every effort to . e Licensee with a minim ten (10) days advance writt otice, unless emergenc tances pr~\tI"I'le... Licensee . gainst Li ~ ;1111i!lli . . wner Lor S nterruptlon nformati 'in Section 15. ProVl nsee is not in de ance of its 0 hereunder, at the expiration of this Agreement or earlier termination hereof, Licensee shall remove all of the Equipment. Such removal shall be performed pursuant to the guidelines set S~ction ~~~I~t . ithout an~ I~I" e or des~E!i qUlpment ':8 . ns at the .' t or other" , :!'!!IIII'WlllllllII11i!I! .. ena:nts thereon. Elt U rmt to Licen and clean Licensor's written approval, which approval shall not to be unreasonably withheld or delayed. Any and all interference or damage caused to the Site or to the Equipment of the . s or tenant~ . nch removal sh . . repaired or el' . ee at :,,-, d expen to make ~'!m~ij1 n three (3) d ence of suc r interferenc . may perform all the necessary repairs, at Licensee s sole cost and expense, and such sum shall be immediately due as an additional fee hereunder upon the rendering of an invoice by . r to Licensee. (a) Licensee s!1~ d Tank Owner harmles all costs!"~! r tenant ' ment locat lallation <> ., . ' .. ~IIIIIIIIIIIIIIIIIIII mmntenance of LIC qUlpment or Licensee Improvements; and (n) any s, demands, or causes of action for personal injuries, including any payments made under any ers compensation law or an Ian of employee's disabili d death benefits, arising Licensee' "ane: ite or the~"I'~' ance and 1IIIilk :jllllllll'" .111 . . 1 fL' . "~I', 111"1' . nl' 1 . a 0 IC '. . U1 ' cept 0 Y s auns, cau or emands caus ~I'I!~~ e gross negligence sconduct of Licen Owner. Licensor and Licensee hereby mutually release each other (and their successors or assi ) from liability and waive all right of recovery against the other for any loss or e cover first part policies to~ thereund ch insured surance cd'I"',I'I~ a subrogat e other. Su ing propert waiver, Licensor and Licensee each agree to indemnify and hold harmless the other party from and against any and all claims, damages, costs and expenses, including reasonable ~y fees, to e or arisin 0 . t acts or omi . -[:,~tr~'; .'1.*--"""'....,,,,/ .~."*::..".:--;i;;>i \~jllmijm'!VwwuW!" !jll~~l~1 9. 10. ~"'''''=cr :~; ," -'-/~:'~" '~~ willful misconduct in the operations or activit! at e Site or on the T by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants indemnifying R~,. or of any obligation of' . fying party under . ent. Th . Illmlll$;~IIII:III'I,';ff~i,'. obligatio e contin .' g prompt .. . event oi on to ind tii'II'III'III~ll! 0- other party and tlle"'in emm ed party's grantin t to control the de settlement of the same. " Ie or liablel"lt " . llllll@li1 or m come . . . Illllllllllillllilllli~ any acts or omISSI lcensees or t g e SIte. LIcensee assumes the risk of the inability to operate its Equipment as a result of any structural or ower failures at the Site or the failure of Licensee or Licensee's Equipment for any reason ever, anq!I~~~~' indemni and/or . ss from aiI~;A !,II'li! f d~fendi r damage mc udmg, but n(jt,II~I!iI , usmess mterru ' fees, ass Licensor and/or Tank Owner by reason of such failure. (d so indemni rand/or harmless for early termination or modifications 0 this License Agreement a may be required to comply with any and all future regulations imposed upon the Tank Owner by any 1 regulatory Owner is or shall be m bject to. 11. ank Owner shall in no way of the los 'II III 'nmlWI . by cond .~ i=---'~i explosion, winds , er or any other casua r~lhs 0 Ira parties. In tl1ei:vem~ the Site or any part thereof is damaged or destroyed by elements or any other cause, Tank Owner may elect to repair, rebuild, or restore the Site to the same condition as it was iately p . i~ such ev uired here' the date 0 e Site, 'is restor dition for Lic '~~ti If the Tank to repair, res , or rebuild the Tank, Licensor may cancel this Agreement by giving written notice of cancellation to Licensee within thirty (30) days of such casualty. If this Agreement is ed, the R . ein shall' date of suc PRIETARY DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL Licensor and/or T wner shall not be respo I Ie or liable to Licensee fo ss, damage or expense that may be occasioned by, through or in connection with any acts or . ions of other licensees ants occupying the T y part of the premises t to or Tank, or or pow _. ation, di~llllliJII"'lliJ;. . e to the TIIIII.' . Shelter o. EquIpment Shelter;' 1t Icensee shall not SID e or hable to LIC [ Owner for any damage or expense that may be occasioned by any acts or omissions of other Ii sees or tenants occupying th ank. 12. Licensee shall maintain in full force during the term of this Agreement the s' Liability ~1I prescribed by applicable law; including insuranc~-covering liability under the Longshoremen's and Harbor Workers' Act ones Act, . . ance (Bodil Property Damage; and including blanket contracfual and completed operations coverage), the limits of liability of which alll'l,not be less than 1 . spect of bodil in' !IIlllll11~JI~~illll"" 1111"~2,l~g ~eath, ne oc~. ,I, ;000;000 In resp perty anS1 one occurrence, an policy of not $5,000,000. (b (30) days coverage under su Insurance poiicies. The ins eel edin Section 12( 1 ve shall contain a waiver of subrogation by Licensee against Licensor and Tank Owner and shall n e Licensor and Tank Own additional insured, and shall rovide that the insurance is coverag~! all insur tandard ~ ~. t L. w"III'illll!~: L' ~! emen. 1C ". . . ..' .' 1censor '1111!11111111111111111 fi!Ii!illI~ ... full' fti' ''i:= Insurance coverageJas 1 ell ereIn IS In e c . surance ce 11 be submitted by Licensee to Licensor upon execution of this Agreement. e forego~ ce comp 31 ure of any suc pany to pay e, shall no waive any of the provisions of this Agreement or relieve Licensee from any obligations under this Agreement. , transfer . :', ank is 10 . . J:'. .UIII~II th'. b ' LIcensor reserves n t to asSIgn, transler, m age 'or 0 erw1se encum censor s interest in the Agreement. Licensee agrees, upon demand, to execute and deliver to Licensor ,Qr Tank Owner such fuUl1 . struments subordinating . greement in connection y debt 0 .~. of Licens as may b or and/or respectiv er agree deliver to an .ensor and/or T oppel certificat such information as may be reasonably requested by such lender. mayn~.t,assign sublease 0 otherwise trans:6 !11111.'III'llillllllllilllll'jlllll~lli~~nt (~c1ud.i .' , diplexi ing digital' ect facilitie others) without the nor written consent of Licens o' thstanding the fore so long as Licensee is not then in default hereunder, Licensee may assign this Agreement, w' ut Licensor's consent but. with written notice, to an the following: (i) An . tion, PaI1De 'ie. ty which by or un A~,1illii,ii, 1 with Lice-fit _, =:.:'_ .. ew Licens ain liabl ereunder; (ii) AnyiCbiporation or other entity re m e merger or conso I a I 0 Licensee; (iii) Any corporation, partnership, or other entity or person which acquires all or substantially all of the assets of or fifty percent (50%) or more of the stock of or equity hip inter~st'l,i signee . in writi . fL.!IIIIIIIIIIIIl!! t Ions 0 IC eemen . . .;. :-: . ,,' ,~/" '~~W~ij~~~~~~'IV' ~JIJmmlm~m~~" 13. Assi2llment 14. 15. ,-",'----,' All notices, demands, requests, or other communications which are required to en, serv : , , . to the 0 Agreem. . d hal :1III'iII111~ 'd b '1 an s e, repaI mal or , :;lIilJljl!';'1;:J\(" , . ght courier delivery verificat owing addresses other address as may be designated in writing by either party: :ty Service C "'~Debbie S . . Box 1350 535 Courtney Hodges Blvd. Perry, GA 31069 RIETARY DO NOT DUPLICATE OR RE-DISTRlBUTE WITHOUT APPROVAL '0='; \",~~,;r ;~;"~- ~ " r"!!Jlm~lJ',c Licensor Accounts Receivable: Pursuant to Section 3. Service Co ., Inc. ox 1350 , Ga. 310 -"---- , "O:~';:- Licensor Access Notification Requirement: Pursuant to Section 5(e) and 18(c) (Licensee must speak directly with one of the following before accessing the Tank.) e - Proj -5260 or OR Debbie Sullivan - VP Site Management 478-988-5255 or 478-396-9534 Licensee Legal: nsee Contact No Address: RIETARY DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL -~'" ( :;-. '-"H ,,' "--====::'~' ~11i@!I!lI!I~~I" j!~l~ill~lll~! Notice given y c died or registered mai la Ie overnight couri e deemed delivered on the date of receipt (or on the date receipt is refused) as shown on the . ation of receipt or on ds or manifest of the U.S. Postal Service or such courier 16. Default (i) Licensee's failure to pay any fees, additional fees or other payments set forth herein and such failure continues for thirty a.~s after Li e . . tten notic !IIIIIIIII"II~ . , constitut '=-=-~_/," (ii) The abandonment by Licensee of either the Equipment or that portion of the Site upon which the Equipment was installed; or other . sdiction . ' '!~Ill'g~. ptcy, msolvency, reorganIzation or relief with respect to Licensee, or seeking reorganization, ent, adjustment liquidation, dissolution elief with License The making by Ll of an assignment or 0 er arrangement for the general benefit of creditors under any state sta . or , s failure t of its obli ~~I~ft g~~.llllilll~'; , 's Agreement and ntinues for thirtYL~~O after Licensor gives written notice thereof to Licensee. efault, Lic at Licen~Q!"!~ ove all pment, ImmJ _ ~ -=--=--, ~ ~ f:w- personnelorpers 0 ed at the Site cost and expense.~~ event that Licensor should, as a result of the default in the performance by Licensee of its obligations hereunder, incur any costs or expenses on behalf of Licensee or in connection icensee's,obli . , such s .. y due to Licen nal fee h g of an in icensee. (c) At any time or from time to time after the removal of the Licensee's property from the Site pursuant to Section 16(b) above, whether or not the current term of eement sh . ated, Licens be under no o' . '-'~ ~- ,----- "*""'''''''77;/ ~*~,t"' ~'1~p i\\: ' d *~~3' to) re-license Licensee s ormer space at the Site, any part thereof, for the acco 0 the Licensor, for such term or terms (which may be greater than or less than the period which otherwise have consti balance of the current t f this Agreement) and on onditionsl' and for sucm or, in Li ay collect payments there fro sor shall not be respo' erwise liable for an at ur 0 re-license Licensee's former space at the Site or any part thereof or for any failure to collect ayments due upon any such -licensing. or provided f4 teoro ed to be , cumulative 0 one or rights, powers, or remedies, nor any mention or re erence to anyone or more of em in this Agreement, shall be deemed to be in the exclusion of, or a waiver of, any other rights, , or remedies ro . de . is Agreement er existing at . or by s e exercis icensor Q of such righ ies shall no aneous or . .ie. ~ or enforcement by lcensor of any or all of such 0 ts, powers, or remedies:=- (1) Licensor shallot be deemed . on unles 0 perfo sor's recei such defa Licensor's obligati c t at more than (30) s r Ired for its perfo Licensor shall not be deemed to be in default if it shall commence such performance with the day period and thereafter, dili ently prosecute the obligation to completion. 17. "l~~illllllllijijllj!!l '>0*_"1:;;;;;:;;';;;;l"f":~ (b) In the event that Licensor reasonably determines that the installation or ation of the Equi ment is r~sul~ng in corrosion or damage to the integrity of the Tank, shall t .=~-== at its so 'rty (30) amage m icensee fails t rrective action (30) day peri may perform all the necessary corrective action at Licensee's sole cost and expense and such s shall be immediately due as an additional fee hereunder upon the rendering of an invoice nsor to Lic (e) 0 Ion 5(a) (ii) Notification Requirement", Licensor agrees that during the term of this Agreement, Licensee's employees shall have access to the Site for purposes of maintenance and repair of ee'sgro d' .J~~er, the Li y of its ui m witho '..c. one of s listed i sor Access ca'R irement". Li the access to the Tank by leaving a telephonic message or voice mail. The Licensee agrees and covenants that it will not access the Tank without first speaking with one of Licensor's ts listed in Se . . or Access No'fi' . ement" to iden . '11 be accllll'ITiTilli 2) why . e Tank. icensee sho or's assistan the Site, Ll~ reimburse Licensor or all costs and expenses inc y the Licensor as a reSUlt' 0 such emergency access. All access to the Site shall be subject to the continuing control of, as well asonable securi!y d safet rocedures established fr: . e to time by Licensor. or may, blish r to the T 'see agrees rules. (d) Licensor at all times during the term of this Agreement will maintain the and all associated Tank' ting in compliance with alIa licable federal, state and laws, rul~ lw'mWil, elating t . i'l Ii W wer/struc' _'lID ing, with 17 of ations of Communications e "FCC"). In' icensee receiv otherwise obtains knowledge that the Tank lighting is not in compliance with any applicable law, rule or regulation, Licensee will immediately so notify Licensor (by fax or by telephone, ed in wri . te with L" ,such non . PRIETARY . DO NOT DUPLICATE OR RE-DISTRIBUrE WITHOUT APPROVAL 1_ J<." *:_,:~7~*: ',~~,' '--"'- l~!!IJilll!1 (a) lations r regulation ~"IIIIII[II'"~'ijll ,=--~ having jurisdictio er me installation, operation , mam enance and/or working o;aitr5ns involving RF emissions and/or safety and work standards performed on or near co unication towers and Sites. Licensee agrees to be solely responsible for . ance with~a!J d other g ents with ~~~ ti" f't E . t 'ts .1,11111111, a on, opeii[_~ eo 1 s ITS 0 1 ... e Site. License'~ late y remedy its <> mply with such.~I, , e and regulations as they apply to its operations and/or the operations of all tenants and users taken in the aggregate at the Site. 20. 21. ~hcellaneous ~akeany 18 and users ply individua FCC and other governmental RF emissions standards. In this respect, Licensee agrees to pay to Licensor its pro rata share of the cost of any engineering studies performed at the request Licensor ,lil. .. . the meas,. . . ons and RF 'ance perf~~~" e develo 'te sped xpense for s to a Site sa antenna mo 1:"~IIi1i1' additions shall be borne by the party or parties responsible for such changes or additions. LI SOR HEREBY EXPRESS DISCLAIMS ALL W IES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CIATED WITH K OR SITE. LI CEPTS THE T ITE "AS ( c) No modification of this Agreement of Licensee's space at the Site or any ,ereof or o' y Licensee s . ective un! RIETARY DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL li!ljljjlllF:'WI'IUU'II!Yl' and accepted in writmg by Licensor, and no act by y representative or agent 0 lcensor, other than such a written Agreement and acceptance, shall constitute an acceptance thereof. (d) edes all pri subject matter her If any provision herein is in i, It s all be considered delered this Agreement and shall not invalidate the remaining provisions of this Agreement. (f) All section headings and captions used herein are for the convenience of ,arties only and shall not be considered a substantive part of the Agreement. (h) This Agreement creates a license only and and ledges t and shal t or estate whatsoev see's use of ereto. No 00 shall be constituting a partnership, joint venture or agency between Licensor and Licensee. RIETARY IN DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROV AI.. ~----- -'Yi ,-: ;~;l=::;:;;;:;:n '1!lmlli!!'I~lliVillU~' SS WHEREOF, the undersi ed have executed this A LICENSOR: By: Title: ILITY ame: Date: -~_, ":_ ~_,,~,_;,~~_"~__~./ ~f ---'--"",-- s: sor Project Licensee: Licensee I.D.: T -Mobile 8AU0305D Utilities acco Ro 2. FCC call letters: KNLF 222 ransmitter Make: Ericsson Model: RBS 2106 Transmitter(s) Make: Nokia odel: FCO wer Ou 3 Receiver(s): Make: Nokia del: FCO "-.-~ \~~ '~ TARYIN DO NOT DUPLICATE OR RE-DIS -,-' TMA(s): Three (3) Make: RFS del: ATMAAl tenna(s): ake: RF Model: APXVI8-206517S Dimensions: 72" x 6.8" x 3.15" P RCU cable must be attached to Licensees Antenna coax Run. 8. RCU(s): None Make: N/A del: NI A ensions :ll',f,W~ umber and ansmission L' ke: lor: Size: 1-5/8" Line Type & Length: 1135' PRIETARY DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL Yl~~~~g~~~~~" ')VJljjjill~l~jt7 12. Antenna moun g eight, mounting orienta, oor and ground sp (attach sketch of orientation and floor and ground space usage) (b) ~t,_ ",*) L,. <_'r.;r.;;-0'~~' ,~'~' WJEl~~I~llillll~" Exhibit "':.C':*'"~ ;7" 1. Tank Owner: to acco Road AU2Ust~ GA 30911 11 ,f .~_ _ _ - ;_ ~TiTT'T;:'TI')< ~ ",. !.!!!II~~II~IIDlj~I!!lle ~illilll~mW"i!lww~m~mm' ~~~; \," ""s I,'", =;~ .1' ~"~ municatioDs t Agreement To properly perform its duties, the Company operation and maintenance of antenna licensin nse agree . on with the ssociated wi ;~~ shail have authority to take appropriate actions to bring about efficient on the Tank. The Company shall have the exclusive authority to enter into mounting an The ~ s .or services, equipment, hardware, structures, etc. which are subject to contract between the Company and any antenna Jicensee, win not affect the site fee due the tank owner. the 'benefit by merger. nnection with services ren representa indemnify 1S agreement. This agreement may be modified only by addendum which is signed by both parties. . y, or other governmental r which cause sign be justcaus. greement. lt is agreed that future environmental, the management ~ may terminate this agree_ Company violates one or TIll) terms and such violation re . entto the> i s that the h terms, the ing the de efault 1f t 1 cure the defa ays of receipt 0 ... may terminate tJ Company may terminate this agreement only after one hundred eighty [180] days written notice to l1}e wner. The initiaJ term of this agreement shall be ten [10) years. At the expiration of the initial term, this agreement wil1 be amomaticaUy extended for the remaining term of any antenna licen agreement{s). JeT covenants that into and execute this agreement. Name and Title (print) UTILITY SERVICE COMMUNJCA TIONSco" inc "1.~; +"","""",~~~,"r; ~:~: ~JJ~IIII~~~ ~~1 ,,~,,--,"~'-'~, 1==:-, "-: listed above to the Wireless Communications Management Agree t signed OWNER UTILITY SERVICE COMMUNICATIONS co., ine Debbie Sullivan. Vice President Site Management Name and Title (print) NO - RNNR 03-03-03 ill I ' Longitude .~~ 0(J, 1~f5w l!>l::~,,'dt 't"',...., , .f" . ". ~~!f:'41'rJJ' 'ItiU'h'!!!\;:~ "l',:,,;.,/i,, !'~:~. 1 :.' k.~~. '! :t"\t'~1..:~~1jm:_ ~m 'm1j:ln;:;:mm:~; ::: ~1~i~i~- ::;: mm ,.~.<,~...' '!!I~~~IIII~lill~I' 'iV!~~j~WIWW~!" ION SCHEDULE A, Page' TANK LIST ~.r~ 0 I, ~1.ir'':~ W . ~---. ~-:P' ~ OWNER UTILITY SERVICE COMMUNICATIONS co., ine Witness 1 : TION imlWWI'WUjUUU!I'!' SCHEDULE A, Page .3 TANK LIST TANK # AND TYPE: Daniels Field Airport Tank ADDRESS: 120 Jake Ellis,Rd. T~~l~:~=~:~~l RiChmOn~~;i;; \u~ RDINATES: rnmtlftlP'"3To-'~;..J"'!:N Longmm~o...~;;r'(.7W ~~,. ~-~. ~fl!#~w Longitude ! j_~ 1::= ~r, "~'c. 'nm '''ht!'.f~\~l~~..f .Jj',;t'jl],~~h:; O'!i'." </..,... ';fL.!".!..;". N Lonoitude >J'i."?J: O;~l1. ~;o'i')i., W J~ ,~" ,~: 1: e.& :!'1i:~ :~h: "?~':.;~~: ' OWNER UTILITY SERVICE COMMUNICATIONS co., inc Witness NO - RNNR 03-03-03 '...;!!...,,'.,....~..,.._.. '\lIJ!lilllll.IIII~IIII" '~~I~l~m~m !i1~!II!IIII!IIIW[ijIIJ~ -r.:. * ..~ (List and attach copies of all licenses and permits, Phase I, Phase II, NEP A, SHPO fmdings . ent to the Site, an c . ce certificate) . ~ \ ,^ ==::- 'i~~~.' ~~ ~ !Uillill!lrpU~~!Jm'" DO 25 ~'~3 'frt=f:g!~!f::':; '4"" ~,~~~"'" "' i ~: :=:::m:;l" ..~=c=v~ Structural Re Gross Analysis, with calculations, of the entire structure using wind loads appropriate for the geographical area per the latest AWWA code irements. The anal must show the actu versus allowable ses for ~s, wind d stru ion, loe d be e ntenna s chrnent poi Uti1ity Service Communications co., inc. (USCCI) Drawi Summary page must include: 1. 2. coax. 3. 4. 5~ and balcony. 6. 7. 1. be Site specific. 2. Manger has made of site ntact. 3. or Power to accommodate utility me er reader. 4. Coax may be required to be buried by USCCI Project Manager and/or Tank Owner. 5. C_oa ~.d on th~ ide) face T eption: uld not 6. 15 ensee coa ~d in th of ~nged jumbo cluster 2 and/or 3rd LI install on outside of same bracket, if ground Equipment location will allow. 7. Tan center heig *,1ri; p 8. I~ -locatin d must be current antenna locations on the Tank. 9. Only full sealed welding is allowed and must be indicated on plans. 10. over th Tank 10 to match must be painted to match Licensee may be required to use Painting of coax not allowed. 11. 12. 13. coax to match Tank. 26 \\*-""":;;-;71\; ";"'*'''''*,**" * ~,,~ 1~1@~!~~1@!'" 14. be marked indicating which be US' tation 0 to alig (No s ector) 15. The number of coax installed must be denoted on plans. 16. Licensee co-locating at the site may be required to install a "Stymielock" at the compound entry gate. If applicable th~~, enoted 0 t 17 . Sfg~t be ti tle Sig nclude: USCCI Project Ma b. Licensee Project Manager 18. The distance from Tank to Equipment shall be no less than 10' . 19. Li a must gravel, gr problems. 20. Low- ridge must prevent grass growth. ~" License Agreement ental a allation must wi th an rements. equireme Installation inspection must be perfo di vision prior to Licensee being allowed to ontractor) . USCCI Site Manage en on air (Regardless of Project Tank Own other parties prlor to Licensee submitt insure drawings are correct the first time. sure all llation If you have an Lee Duke, USCCI Project Manager 0843. Or, Debbie Sullivan, 679-7819 or 1-478-3 contac at 1-478-988-5260 or Cell: 1-478-396- Vice President Site Management at: 1- 27 :",~,__:;t~__,~J Exhibit E 1.0 Introduction: 1.1 ication d commun but of these ins~allations The types of installations the potential of reducing Tank fac' tenance ank manu fa engineer in regard to this type een in on Tank e frequen has increased typically being the structural several a and its orically _ ,"'::-~ ysis or insta~~ati of Equipment. $ standard general , site con ~~ and their possible structural failure. compliance with the industry standards that ce during the origi nstruction of The~; ~=~~ complexity dramatically. utilized have inte ef"''''II~, 1.2 2. 3. Prevent Ensure 4 5. New appurtenances and attachments with the AWWA codes and p and or 1.3 ing at a "Stymielock" on sta compliance including 1.4 installations on 'ons will rdance 1926-502 icable. wi thout previous Licensee urnish and ard des'1f ~ with a 1.5 request, Licensee may be required to use atch the color of ank as closely as 2.1 require the steeplejacks use of certified electricians or 28 ervice CommID],i ense Agreem~t Ii USCCI prL~ Such shall require the completion of a USCCI Contractors Qualification Package along with submittal of photographs of prior Ta.li1,k . stallations. All' ?tion work shall b 11111 1111 Ilf . th I WL .ous y a USCCI, scretio supervise on of anyc~ Equipment. Certificates of insurance will be requi;?ed by USCCI of any installer. -'bili'm~~ ~:\"~"~"; .."~;,' o st USCD. All workmanlike manner. 2.2 2.3 have ing. 2.4 Al s will have AWWA 0100 code requirements installation of appurtenances and familiarit as it relates to attachments. the Lsting stru installation personnel without the approval of USCCI. be permi express consent and 3.2 3.3 Precautions shall be taken to prevent water contamination. Any intrusion to the Tank interior may be considered contam' i contaminat' sinfect the ( 3.4 in 3.5 3.6 Pe tors must amined whe not possible to turn off the energy to any and all existing devices on the structure. 3.7 for h, re fou personne accordance tern shall hazar water conta 29 m en be~protected from applicable standards. ',., ~,,' i~ '1~ljIJ~~li@llil!~ 'fW!II~!IJ~W!IJ~~!'I' ~;%~~~7~ all prov. during installa in accordance with OSHA. 3.9 3.10 Ma 0 any way by cable OSHA standards. attachments, with 3.11 ance wi 4.0. General Workmanship: 4.1 E l' Fa 1~!IIIIIII!IIIIII" to'ext e the metal temperature shall no tempe ionally, . stresses from t structure due and subsequently y compound 140 can be su ~L ',~ ansion/contractroD to changes in the ambient exhibit shear failure. 4.2 install: ern in t i tion, th the studs is open to water seepage and trapped water and moisture. Proper coating at be used on the Tank urfaces that have achment S we man attachment to corrosion from procedures ca p r that ar special exper se J.n the possibility of Consideration should henever 0 e re pe ed soluti 4.3 An larger tha cut into the support struct design and installation to minimize structural damage to the structure. ~~ 'ng the T t=: a'~ the re,~ ,____, A profes be -:provi"a~d. A careful ultrasound rify th riginal recornrnende competent with AWWA code 4.4 are prone to hidden all compon :nts are th rela J.rs should structura~ engineer s Co professional requirements. 4.5 ould be ocated g during g and re cables sh rom the al ow maintenance contracto to perform this work WJ. out removing the cable runs. Chaining or strapping to tower legs or handrails is not allowed. Cable runs should be 30 ~~~-t'~, ~,-,-~~;~~ ~:'~"'~-- "" --,' ~--- _ nies or terference. Ver up be orientated towards the center of the Tank on inside face of the leg, typically between the struts riser rods. the and 4.6 e hinged supporting, and shall route the coax brackets. with 24) 1 5/8 cables on the inside 0 4.7 4.8 Coax runs shall have a minimum of 4'-0" clearance from Tank logos. The coax run on the Tank bowl shall be shrouded and paint he Tank. 4.9 4.10 installed may n Loca $'tyictly. pf the Tank, ed or ra' rictions 4.11 Many components common to the communications industry are designed shipping. When bolted together, back to back ould be prevent c~!I'IIIIIII!i streakin 4.13 4.12 When electrical components e :Lnstalled within support pedestal, the effects of high humidity, and condensations should be considered and the ade u '~c;ted or waterp 4.14 shall be designed in accordance with AWWA 4.15 4.16 leads shall not be installed on any part of Full seal welded coax and antenna standoffs r mountin leads. the 4.17 ysis by a in"'the application of tfi required on each structure. 31 : --'-"'=~H*~ ~?/ l=7r-""~"""",;' '~~!lljl~~~" ~~j 11 comp e local 'tiernl irements. of any app government standards, applicable BOCA and NEC codes, as well as EIA, TIA and AWWA, Standards will apply. 4.19 complia workman es and t Welding: 5.1 shall be in accordance with AWWA D100 Section ction 11, Testing. s to be rdance 5.2 All welds to hydrogen rod under the Tank surface shall and shall be smooth eptable welds A 0100 be made with E7018 low and free of burs and repaired as 5.3 No be done ent tempera below 32 degrees Fahrenheit unless the cold weather welding requirements of AWWA 0100, Section 10.2.1 are followed. 5. 4 1 not d clear not poss eng~neer shall be made of affected by local welding. 5.5 5.6 Galvanized components shall Tank surface. Galvanized stru ground we~ not be welded directly to the surfaces mating to the f ani zing 5.7 s on ported sealed and not be breached or punctured circumstance since moisture will eventually cause serious Tu hermetically under any inside the d 6.1 Welding may the weld. :r;m? p~' a compa e recommended to evaluate the interior paint opposite paint surfaces shall be i th the 11 be n, and s system. anniversary inspection be made the touchup and repainting if cause blistering of Damaged interior ner that terior of the an the exi a one-year quality of 32 ~;~'~f; "'1 ;,>>,,~",-,*/ ~'~;-:-.- '1I!JIjJ~I~@I; ~~JlljmIJ~ww'J~? ;<,~,,";;f- 02 shoul 6.2 and surface preparation shall be in compliance C regulations. ,First R c on Tanks th tility Service Company. 6.3 'ompany r rm the int being maintained by 7'~ 0 Electrical: 7.1 ork sha Any n mec ca, electrical or e r RF Equipment located on the site. in a shall no 'lnterference to 7.2 shall compl require{i(" ent stan EIA, TIA a plicable absence e BOCA e adhered t 7.3 and transmission d for the radio ense Agr installed shall be and frequencies ed exhibi 7.4 lines sh to towe supports using snap-in hangers. The use of stainless steel angle adapters (Andrew 31768A or approved equal) is authorized. Cable ties are not permitted. 7.5 ed 7.6 When possible, the Equipment cabinet or shelter will be located a minimum of 10'-0" from the Tank. 7.7 (6) gan Licensee 8.0 Equipment: 8.1 run contai nam FCC or I ndthe fr assigned. Brass tags wit copper wire are preferred. Plastic tags with vinyl labels or indelible ink markings are acceptable. m Licensee's name, site name, si te I. D. , si te tact for, hone numb t ust be p 8.2 Licensee shall be responsibl the site per all regulatory requirements. 33 ',~'.~/' ~,~~;' ';~!I!WIJWmIJ~V!" ~ "'~ only be locatio 1ned by U Communic Project Manager will designate the exact the installation of electric Equipment, l' nes and antennas. If r any reason the on cann e instr anager d prior 8.4 All installed Equipment shall be approved enclosures or Equipment dS9~ c shall rema tI~~ actual housed racks. in sui table EIA All enclosure locked at g. 8.5 Any echanical, or electronic interference to other Licensee RF Equipment, other associated Licensee Equipment or any Licensor Equiprn locat d,.in the Equipment s tower structur o 1!11111111:"11 !llllllillllll~llllilllllm, the sit . 8.6 the coax applicable 8.7 Ice bridges wg.p pro ow either be a maximum of 16" erneath imum of the groun 9.0 Inspections & Approvals: 9.1 lans' rovided 9.2 e provided wi t uctural analys review and approval. (See "Exhibit Dff for Requirements) 9.3 for See 9.4 USCCI must be (P.O.) and/or schedule date b supplied with a copy of the Purchase Order Notice to Proceed (NTP) and a tentative when exterior and inte ior touch up will 9.5 rovide a at the project prior to accep This pa age supply as a minimum, photographs, sweep charts, of permits and as-built drawings and lien waivers and vendors 9.6 DO 34 ~,.~}' '''\1.,*,,>:,"~, /~,.}~i' ilW~ijlll!'"'\IJ~!'!'!j"' If you ha contact: Lee Duke, 396-0843 Debbie S Cell: 1- USCCI Project Manager at: 1-478-988-5260 Cell: 1-478- OR 1 . 35