HomeMy WebLinkAboutLEASE TERMINATION AGREEMENT 1012 KIPLING RD CINGULAR/UTILITY SERVICES/AT&T
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12 KipJing Road, Augusta,
is made
LEAS
into as of this 1st day of May, 2009, by and between Augusta Georgia hereinafter referred to as
hereinafter referred to as ''TENANT''.
iITNE
; of which'
WHEREAS, TDI,INC. and TENANT entered into an Assignment Agreement dated
WHEREAS, LANDLORD AND TENANT entered into an Amendment to Co-
ti6n and
Exhibit "c" (hereinafter referred to as the "Amendment"); and
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
and valua
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The parties agree that the Lease shall be and the same. is hereby revoked and
thereby de
the signing of this Agreement.
to an end
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sly with'
shall execute and enter into that certain License Agreement ( as Licensee), attached hereto as Exhibit
i\lfl~~ii~I.~'liti,
ii.!lriiUtilit Servo
l!I!llhl. y
in Exhibit "A" attach
property
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her from
releases
claims that each party has or may have against the other arising out of or resulting from the Lease.
this Agreement have the full and complete authority to do so and each party agrees to indemnify the
representatives having the authority to execute this Agreement.
same.
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IN
Agreement as of the day and year first above written.
Augusta Georgia
By: (f) t..e)( .
Print: ---P~~!s;~.i.
Its: 1l1;-~D.~;
. sion Exp'
Public, C
My Commission
(SEAL)
New Cingular Wireless PCS, LLC
ACKNOWLEDGEMENT
xhibit
Attach copy of Co-Location Option and Lease Agreement
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CO-LOCATION OPTION AND lEASE AGREEMENT
sand and No I.
Dollars ($ 1 >>000 .00 ) (hereinafter referred to as the
"Option Money"), to be paid by TENANT to LANDLO~D upon TENANT's execution of this
A nt, LANDLORD h ts to TENANT . right and 0 .
r referred use des eased
. ower toge . sive ease and utilities
easede Premises an e ower in accordance with l1e' terms and conditions set forth
herein.
If TENANT farlS to
exercise the Option within the Option Period, as it may thereafter be extended as
provided herein, the Option shall terminate, all rights and privile ranted hereunder
emed co .!&I:r~H"C~ CI LANDLO ney paid
no additl - ayable b her.
.See Addendum #1
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Changes in Property During Option Period. If during the Option Period or any
extension thereof, or during the term of this Agreement if the Option is exercised,
D decides to r change the . g of the
r the oth .' ,,' NDLOR unding, 0
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the LeasedL~'J~,~ 's~( LORD's Su",,,.!. ' LANDLOR ~
immediately notify TENANT in writing. Any sale of the Leased Premises or the Tower
shall be subject to TENANT's rights under this Agreement. LANDLORD agrees that
. Option Period e~eDsion thereof, or: d . this Agre .
is exerci{Ei ~!(:~~~'a" not ini y chang
the Leas elm~ s.- .NDLORD's 'erty or imp : 1, ,.'
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consent to any chan e in the zoning of the Leased Premises or LANDLORD's
Surrounding Property or impose or consent to any other restriction that would prevent or
Ii' ANT from usin remises for, the . by TENAN
set forth i ."1
Title. LANDLO warrants that LANDLOR IS seized of good and marketable
title to the Leased Premises and the Tower and has full power and authority to enter into
a d e te this AgreemeQLQRD further wa are no deeds
t, mortgag~ ~gm~nts encu remises
'~~'%~' ere are n
encumbrances on the'1it1etb the leased Premises 6i;=-fhe ower,
Exhibit B atbG!:tOQ !:toreto that would prevent TENANT from using the Leased Premises
for ses intended byTENANT einafter set fC?rth in this ent.
ctions. '.'. .", " ermit TE .1 ilrnll ption Peri
ny extension thereof:~i!f;:e!:'i~~'fess and egress to the1 ~~a remises and the To r y
TENANT and its employees, agents and contractors to conduct structural strength
analyses, subsurface boring tests .radio freque~cy tests such other tests
ns and simil NANT ma t the sol
TENANT-' ~......oh...~, ~ ~~.~ 'agents, a ave the
necessary v es~a=-nd'equfpment onto the remises or the Tow n
the LANDLORD's Surrounding Property to conduct such tests, investigations and similar
activities. 0
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Surveys. LANDLORD also hereby grants. to TENANT the right to survey the
Leased Premises and LANDLORD's Surrounding Property, and the legal description of
d Premises 0 w'""'" ""'btained b 1~ ecome Exbi .
II be attad'llllifr' "il~ r;l!illlll!l~e a a~ AI~li' trol in the::~;
hcies betwe il~'E~Rr n. P
Governmental Approvals. TENANT's abilitY to use the Leased Premises and the
. co~tinge":k~R_Qn '=~il'1iI19~all certifi' " her appro~~J
qUlred b ,_ f(~t ~Qr local aut, by TENA
Iications ma leowit . respect to, n . Premises,
LANDLORD's Surrounding Property. TENANT will: perform all other acts and bear all
expenses associated with any zoning or other procedure necessary to obtain any
, permit,L~ "DrQ~al,Jor the Le.Sis . ed neces a
LANDL 'i 1IIIIIlillii!!II;lIII:illf:1!1111!lllllgister any 1111111/. sition to
es.
Exercise of Option. TENANT shall exercise the Option by written notice to
o by certified ma "I, eceipt request shall be. gee
n the da dafter t , this ArtlW.
constitut ant betwee TENANT
following terms and co
. ereby leas e on the o. ~,
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the extent necessary to enable TENANT to erect, In am, repair, replace and operate
the following and associated equipment. all for the purpose of a communications facility
ans incidental thereto:" '
it and
commu
accord a
Jon the right to ru
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LANDLORD shall allow TENANT to pour ai ten foot by fifteen foot
'x 15 ') concrete p~~ within this designated leased rea and place an
equipm~nt.i r" ,r- designat been sp
n Exhibit'.. . c. ...Cn btain pri ' ame pu
sand conditiParagraph 7 of t,
TENANT shall furnish, to its unmanned equipment shelter, electric and telephone
the ope/'i . n mmuni~ti ENANT sbal
e for utili to its in~II!11 ent. TE~1
cal service shal etered, and 'I,. responsible
costs associated with metering, including the cost of installing any meter.
DLORD
emises a
II Jes on or to ss the Leas
Leased Premises, Tower, antennas and other equipment. LANDLORD shall provide 24
hour, 7 days per week access to TENANT for maintenance purposes.
3.
o extend the term of
Each O~I~~
ce by TEN'
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The annual rental for the extended terms shall be as follows:
e annual fen a
the annual rental for the initial term.
5. Tower Studies. TENANT agrees to reimburse LANDLORD for the cost of
all necessary Tower studies determining feasibility of Tower loading due to TENANTs
Should Tower:'"W:~~'II~" il~~~i!~:I~liil~{eq~ired. the odifications s
y TENAN I : all "submit plans LANDLO
: roval rior , :111:~I~tlllbf an mod. D shall con
. . P 'J1il11 ill~~llf:: :1'II'iJU',I~"lU". . y. " . ^~:
Tower inspection upon completion of modification t Insure work compliance. SHoul
Tower inspection identify non-conforming work, TENANT shall correct such non-
co .g work after which LORD will conduct er inspection to
e corre aforemen, ions an
shall be no expense all be con
pursuant to the terms n co anions set forth in Para cjf this Agreement.
7. I ENANT, without y ind to LANDL" ,
may commence work only after LANDLORD has approved all plans and specifications in
writin " LANDLORD's approval sh~!InQt be unreasonably withheld or delayed. TENANT
mply wiUk-~ IS reason NDLORp:c:
t. t ~ T' t II ti ~11,1!!illrr
op Ion 0 co ., s con s a a on .
ance that will re1:fu s to the Tower st
8.
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workmanlike manner, free from faults and defects, and in compliance with all legal
requirements, and shall utilize only first class materials and supplies. TENANT shall be
sponsible :rip means, m seque
d to ,1111111,111II itj. I t
s, an r es re a
9. Payment of Costs and Expenses. TENANT shall provide and pay for all
labor, materials, goods and supplies, equipment, appliances, tools, construction
t and ma~hin acUities and ry for th~III~P
and com- ~ TENANT hen due 1~111
enses incu ~... Ion with the shall pay a
consumer, use and Similar taxes required by law in connection with the work, and shall
secure and pay for all permits, fees and licenses n~cessary for the performance of the
. . ..' LANDLO I its expe
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necessary repairs andleplacements, as well as alterations required by any govemmental
authority having jurisdiction in and to the Tower, unless the required repairs,
J'i ents, or alter are ely required ~ s com mlJn i
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located .. 111 so, the T::- tits exp
repairs, I'i 'T erations a
LANDLORD's l:JS8. transmittal, or GOFAFRI:IRiootions.
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13. Indemnification. TENANT shall be liable for any damage to the Tower, or
to any equipment located on the Tower, arising ou.t of or in connection with TENANT's
cupa~cy o. .".~.llii~."i!.ii, ~Ieased pre~.I!~ the neglt ~
ntentlonal "'1111'11"" 1!11~! gents or e. RD shall'
amage to a I ENAI'J equipment 10 , er arising ou
connection with LANDLORD's use or occupancy of ~he Tower and Leased Premises and
c~used by the negligen.ce or ~illful or intentional ~isconduct of its agents or employees.
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approaGhes thereto, clnsing out 9f or in seRr:Jection '/:lth 81:.101:1 party's use or occupancy of
tl:lo TCY.'.~or SRd tl:lo Le::Jsed Premisos.
'1~I!II~lilll, ASE is
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ental autho~U"UUIII~!ffi vent such ,I;IIUI'I d or subse
withdrawn, or in the event that TENANT's use of said Tower is otherwise encumbered or
determined to be inconsistent with the interest of LANDLORD's use of the Leased
P , either party hereto ~yb' all other term of this Agreeme
the righ~~i greemen s advan
the other '~ ination sh RD and T """lIlmu'J'
m all further obligations set forth herein one to the her. In such event, TENANT shall
promptly remove, at TENANT's sole expense, its ar,Jtenna and all other equipment and
Ii . ailed by or for the bene NANT.
16. Default. Should TENANT fail to pay when due rent or any other amounts
owed LANDLORD hereunder, or fail to cure any breach of an er provision of this
t after sixW"" otice an D may t
ent imrrie m . I1her notic NT to re ,..,.
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be removed~all of", AN s eqUIpment. , In such event, re
liable for any and all costs incurred for removal of TENANT's antenna, transmission lines
and associated equipment from LANDLORD's Tower and for removal of associated
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structures from space provided. LANDLORD shall not be liable for any damage to such
e ui ent during its removal.
. " . " pon expi f this Ag~~'
, at its own m$t!UanCi"~lexp~ , shall comp ve remove
three feet (3') below grade, all structures, including antenna and associated mounting
brackets, transmission equipment, concrete foundations, fences and other associated
, and restqFi emises to:' grade con ..
ear and f~' h time for ANT to Fi
sed Premise the terminof this Agr 'lmWj~lIti!
TENANT shall pay rent at the then existing monthly pro-rata basis, until such time as the
removal of TENANT's personal property and fixtures are completed.
,I be deem
urie~ servi
requires proof of recelp ,a dressed as follows, or s. 0 ny other address that t
to be notified>may have designated to the sender by like notice at least thirty (30) days
. I
eachtree Dun
Atlanta, Georgia 30328
,
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If the whole of the Leased Premises, or such portion
. es unusa Ie herein Leas
8
condemned by any legally constituted authority for any public use or purpose, or sold
under reat thereof, then in either of said events ~he term hereb ranted shall cease
e when sed Pre . Tower, i
uthorities, account NDLOR
as of that basis for vance. Any
condemnation shall in no way affect the respective nghts and obligations of LANDLORD
and TENANT hereunder. Nothing in this provision'shall be construed to limit or affect
right to an"a. _ation of an ceeding
NANT's cf"-' nt, if take
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22. Property Taxes. LANDLORD sh3Jl ~o responsible for all proporty taxes j...t;P
dl:le on the Leased Promises. I ()J"
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reemen a
, interpreted .,.. e gulatoo by'
Leased Premises and the Tower are located.
, ~=;=-::-,~" ""'~i~~ \--,-9 ,~~ ilJll!llIiil~"'
'and legal aGsistant foos, 'fOr services rendered in oonnoctiorithere\a,ith, including appemite
proceedingc ::md post judgment proceedings.
\
1111~1~1~~(111~1111~' . '
IS. JXgreement r
'1IIIII,'llllli1illllllt"ILW't' I .
","" san a Ions, un e
shall be binding on any~f e parties. The date . IS
upon which it becomes fully executed by all parties.
,
greemen
this Agre
greement shall be the'
":::;~~~-;i This A
ck~state and n
27. Misce'laneous. At the request of TENANT, LANDLORD agrees to execute
morandum or short form f this Agreement in recorda Ie form, setting forth a
of the Le term of . ther info~ .,,~
TENANT, giving pu third pa~~'
RD fails to pf1 c ocument within of ENANT's req ,
TENANT, at TENANT's option, may withhold and accrue the monthly rental until such
time as such document is received by TENANT. .
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IN WITNESS WHEREOF, the parti~s hereto have set their hands and
affixed their respective seals the day and year written below.
(NOTARIAL SEAL)
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By:
Attest:
"\.A~"=~1 "1 ;~ffl'l~"':: "~i
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e.,
NDLORD a y agree that. I;
Agreement are hereby supplemented and/or amended as follows:
I
2. In the event that the LANDLORD's interest in the Leased Premises is an ownership
interest. Paragraph 15 is deleted in its entirety.
. ~'.!I'lllil'I~.'
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erein shall ,"
. between the
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ADDENDUM NO.2 TO CO-LOCATION OPTION AND LEASE AGREEMENT
DATED ~ 199.1::, BY AND BETWEEN RICHMOND COUNTY,
IA; AS L I, INC., ~j TING T
WAT'
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LANDLORD and TENANT hereby agree that the te
t are hereb F',!j~, r amend
1. ENANT agr word "communication
found on the fifth line of the second paragraph of page 'I of the Agreement shall be stricken.
Further, the parties agree that the Le~e<l.Premises consist in part of er tower, which is
fi d t . l[lillll,lllnm:illwIIW"d h' h', t '''''
re erre 0 . w IC 151; own wa e
. . Ij
3. The second and
are strick .' NJII:III!1111
4. Irstparagraph on page 2 of :Agreement is hereby stricken in its
entirety and replaced with the following language:
Transfe
transferr ~ iIDYl 'ENANT to
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Communications:~lnc., a Delaware corporation d/b/a BellSouth
Mobility DeS, provided that said entity agrees to be subject to
the terms ofthi eement. From and aft 'on
h b . filll,llli,!,!l.l!lilllli,IIII,llYilllllllll!lW,t C. db"
as ee e\.l:or ttansierre
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referenc 'ElYAN!f shall imme
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any and al iability under this Agreement; mcluding the
payment of any rental or other sums due, without any further
action.
5. I P on page 2 , e language
except asset forth in EXhibit "B" attached hereto" found at line 5 and at lines 6 and 7 of the
paragraph are hereby stricken.
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This Agr~J ence upol! n is
exercised by TENANT or the assignee identified herein.
I
_cement, fomid
r (4)" and r~
this rnodifica s all have the 0
Agreement for two (2) additional, consecutive 5-year ~eriods.
8. Section 12 of the Agreement, found at page 6 of the Agreement, is
stricken in its entirety and re laced with the following Ian a e:
(a) TENANT's equipment will not provide stray
currents that will in damage the~Tower's i
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~ . .,,~ IIWIIW\ and
frequencI IC Will not cause mterfere e toLANDLORD
or other occupants of the Leased Premises which are in place on
LANDLORD~~To~er of the Commencement D
reques!~~t~-"-~~~,'-~' ENANT'
RF intef.f~,,". ,_ ~atfit,. wingpoten
TENANT's frequencies and those of L LORD or other
occupants already in place on LANDLORD's Tower. In the
event TENANT.' s ~gl1' ent causes such . terfer
TEN ,:llI!illlili'.' "Hi 1IIIIIiW""i. ~illl",III'" necessary
the int .' rference c
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forty~eiglit (48) hours after receipt of wri en notice from
LANDLORD to TENANT, TENANT sh~l temporarily
disconIl~ct !ri'~'.1>2~~ and shut do
equipmenn=i-~, ittent ope of
testing,~~~: aintenance, r .~,' ,
replacement, or other action taken for the pUrpose of correcting
such interference) and if such interferenc~ is not corrected
within th . receipt of said' .
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TENANT agrees to remove TENANT's equipment from the
Leased Premises and this Agreement shall then terminate
without b . . neither part:e
. 111111 .
spec! em. '
(c) In the event LANDLORl) enters into lease or
license agreements with others for the Leased Premises, then
LANDL uire such lessee
instal d frequ
interfer:~ s communica
conductecfon the Leased Premises. L LORD agrees that in
.
the event such lessee or licensee causes interference with
TENANT' LORD Wil
I. j~~~III,ili' t aimllli~"
lcens ' . ..'. . essary 0 c
. l..rl~ _
mterfer. ~:sa!Cl'i erence canno ten m
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forty-eight (48) hours after receipt of Do#ce of the existence of
the interference from LANDLORD to such lessee or licensee,
LAN1l~O uch lessee or ,Ii ect
the ele:~trig'Be down suc
equipriliI!!l(ex ermittent op e of
testing, after performing maintenance, repair, modification,
replacement, or other action taken for the purpose of correcting
such interference) an I' h interference'
rectifl;MmlF% ~1!llillll!!II,ll'llli!lllljl~i!IIIII:IIII"".:i11III'~"'I f TENA .
after re",,",,,, by such less
LANDLORD shall, upon TENANT's request, cause such lessee
or licensee to remove its antennae and transmitting and
receiv' ui he Leased Pie
ent that LAND ~; ter
r=
or does enter into lease or license agree~ents with others for
other portions of the Leased Premises, "tENANT, subject to
TENAN'E'~lsri 'section 8(c) of) . 'hall
makem'~J~Wlb 00 erateW1 ri~',
h li!IIII!IIIIII~llill!I:!lll;MIIIIII!IIi:'1 'J:. 'I'P h
suc e~~~.e 011ul ns laCl ltate t e essee
or licensee on the Leased Premises. In making such reasonable
efforts to cooperate, TENANT shall not :be required to remove
I
or reI . .. ae on th~ 'F
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(b) Upon thirty (30) days written notice by TENANT
if it is unable to obtain or maintain any license, permit or other
goy roy' ssary to the c .
~1111!llililll' ' "
opera clb . . ontemplat
TEN 'llll~IIIII!IIrJlu@III~111111~lg,
ess; or
11. The language "or to any third party agreeing to be subject to the tenns
hereof" found at the fifth line of Section 18 of the Agreement (at pa e 8), is hereby stricken.
12.
hereby stricken in its
~. Any taxesjllc1 ding but not limited to real estate and
prop~IiY'c~' ses he Lease '. . id by
LANnE~ __ .~L ENANT S ~. ied
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on TENANT;s'personal property locat or on the
Leased Premises. TENANTs equipment shall remain
TENANT's ersonal 0 erty eyen though it may
affixe . ses or th ,111111[<1
13. ction 24 of the Agreement, fo
hereby stricken in its entirety.
14.
, TEN ,~ '=':"",
be erected around said equipment.
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advance written notice (up to thirty (30) days) of the commencement of the work causing or
re uirin such discontinuation as is reasonable under the circumsta d TENANT shall
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t to locat II ,. Rfemtses a mob! ow TEN
icin its .jlliliillllt~ill;!ll erfonnanc
g ;"Ylillillhig~"""i:i P
Any capitaliz~d term used in this Addendum and not otherwise defined herein
sh~ll ,~av,~,~e meaning giveIl~l!ch the Agreement. In the ev y conflict
II .1,,11111111111111111. Agreeme Witlio~'.g dum) and ddendum ~
TENANT's initials: f/k.
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EXHIBIT "A"
t certai
in Richmond Co
follows:
ing ortheast'
ng Roa '"",",-of-wa
degree ast for
iI!'!IIIIIII!It-.
e point of BEG ; tHence North 81
a distance of 174.45 feet; thence South 11 degrees 29 minutes West
for a distance of 150.03 feet; thence North 64 degrees 54 minutes
r a distance of ;L!45c.:cr7",Q feet to the right- -way of Kipling
ence N~'re~ 15 min dista
et alonright-o Road
of BEGINN ~ rig 0.36 ac S FOLLOWS
the North by property belonging to Walters & Sons, Inc, on the East
by property now or formerly of Nixon, on the South by property now
or rmerly of Walters & S ns, Inc. and on the ~st by Kipling
or a mo.'J:e accurat,d to dis
t.. 'Vlllllilllllli b '1111111!i'.-
, a ~on ol,i~ er7 y " . prepa
man, Eva ~eop, Eng~neer fuber 4,
recorded in the office of the Clerk, f t.he Superior Cou.rt 0
Richmond Count.y, Georgia in Realt.y Book'36-B, pages 553-8 and 278,
page 179.
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Premises.
Debts:
EXHIBIT "B"
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EXHIBIT "C~ ,
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Licensee Site: 026-010 / FA# 10019420
Exhibit
Attach copy of the Assignment Agreement
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ASSIGNMENT AGREEMENT (GEORGIA)
~~Iillllim!l
E . "Assi
i:llimia!I""f n TDI, INC.,
"TDI''), whose address is 100 RiverEdge Parkway, Suite 0, Atlanta, Georgia 30328, and
BELLSOUTH PERSONAL COMMUNICATIONS, INC., a Delaware corporation (hereinafter
''B '), whose address is 335 htree Ro~ NE S . ta, Georgia
WITNESSETH: t or and in consideration of en oHars ($10.00) an
other good and valuable consideration in hand paid, the receipt and sufficiency of which is
hef owledged, the parties heeeb e as follows:
I herebYjl iee, and
tLSOUTH, or its desl ee, Y accepts the sale, si~ent of all rights an
obligations ofTDI pursuant to the provisions set forth in the MOBILE TOWER SITE LICENSE
AGREEMENT by and between AUqpSTA, GEORGIA, A POLITICAL SUBDMSION OF
OF GEO~Q ,J2 THRO -RICHM
OMMISSf~ 1~~, '~DI, as T , 1997 (th
, pertaining to II ~e cOp known as : W AT
INTERSECTION OF 1-520 AND DEANS BRIDGE ROAD (street address, city, state and zip),
and located in RICHMOND COUNTY.
, .il'I!'lli!fi;
consIderation 0 'I
.d' d i~lllli!lllllril.I,I.IIII,lll1Jllllilil!llii. .jillll~II!!1 TDI
eman , anyoP!Ionm SIt money, or me y as set 0
in said Lease. If its designee, if any, fails to timely remit the foregoing monies to TDI,
BELLSOUTH shall pay such monies to TDI upon demand.
delivered
By:
Victor Allen, Real Estate and
Construction Manager
r '''''1!';77'':::-'''7'",0 "~""'
i -
'-"C,::::,~:-?," ~;
ASSIGNMENT AGREEMENT (GEORGIA)
l~I!llil~~~IiI~~~~ii~r~~1 :lliij'Ji.. . Jillll@I,
EME. '0 ( AsSlgnm
fO t b ll!U'16iIIIHllmlli!illlil!r!J TnI INC.
ay 0 c 0 I, e een , . .l'e
''TDr'), whose address is 2100 RiverEdge Parkway, Suite 0, Atlanta, Georgia 30328, and.
BELLSOUTH PERSONAL COMMUNICATIONS, INC., a Delaware corporation {hereinafter
" {JTH"), whose addrc is3353 achtree Road, NE S . ta, Georgia
WTINESSETH:at rand 1D consideration of Ten Dollars ($10.00)
other good and valuable consideration in hand paid, the receipt and sufficiency of which is
hereb .acknowledged, the parties hereb as follows:
DI her~by JIIIIIIIIII"Ii'iilllli!!ll!lI~' IgnS to BEL .
UTH, or Its d e;neteby accepts the sale, ent of all nghts an
obligations ofIDI pursuant to the provisions set forth in the MOBILE TOWER SITE LICENSE
AGREEMENT by and between AUGUSTA, GEORGIA, A POLITICAL SUBDMSION OF
OF GEO~G ~" THRQILG -RICHMQ
oMMIssmf ai[d I, as T - 9, 1997 {th
, pertaining to a 'mp yknown as : AT
INTERSECTION OF 1-520 AND DEANS BRIDGE ROAD (street address, city, state and zip),
and located in RICHMOND COUNTY.
.!!lII!!lmli
coDSldera
d 1111111""11" .
emand, any eyl Sit money, or "'w,,, TDI as set 0
in said Lease. If its designee, if any, fails to timely remit the foregoing monies to TDI,
BELLSOUTH shall pay such monies to TDI upon demand.
TDI, INC., a
ent has
delivered'ii'~~"'1t
BELLSOUTH PERSONAL
COMMUNIC C.,
aDd
By:
l~~~,,",,,,,,,,,..>.j
Licensee Site: 026-010 / FA# 10019420
Exhibit
Attach copy of Amendment
"~lU:tl:,"j::
ry!I!W!lj~W~WW!'
i;:-~~~ ,;';
Site Name; Lumpkin Road
Site Number: 026-0 I OA
THIS AMENDMENT TO CO-LOCATION OPTION AND LEASE AGREEMENT
ment"), is m~<fe~dienter~4tint{l,as of this 16.f4..
,~\ ;~~-:-;.~==--::)~:,,---t~;
the RICHg~D~~()l!l'&Tc~ GEORG
rd") and BE{,~SOll'FHJlPERSONAL CO
limited liability company, d/b/a CINGULAR WIRELES
HEREAS,"~
ease") with TDI, . (' , dated July 2, 199 , t to which TDI leased
premises of the Landlord located at and around the Water Tank at the intersection of 1-520 and
Deans Bridge Road in the City of Augusta, County of Richmond, State of Georgia, more fully
b Exhibi. " .~attacl1e, d incorpomt' e (the "Pre .
accment 0 :.~c:~~ .-c- !;llpment on-~ ank locat
es; and .
WHEREAS, Tenant is TDI's successor in interest to the Lease; and
HEREAS,
d to place
reflect an increase du
NOW THEREFORE, in consideration of the mutual promises and covenants contained
d in the Lease . '~-'""""j gree as fol
Tenan ere nzed to replace, current equi
the Premises, which includes the foUowing: a) three (3) transmission antennae on
the Water Tank; b) six (6) transmission lines connecting the antenna and other
communi9ll:,' ~~\liHxp.~9t; and c) 0 . or the stora e of
com .'111,11111111 :!I,IIII'"'""nm~~! on the p"'1I1nr" reby autl1g!i
re la "., !t~~r~' or all ofill , .d with the '
p ."J1'l;,JII~~u", ',. ". Y . . ~!~!U"!lI !~i~' ,u,!"'" . - ---:
eqUIpment: a) nIne (9) transmISSIon ant e on the Water Tank; b) twe)\Ie'(
transmission lines connecting the antenna and other communications equipment;
and c) two (2) cabi or the storage of communi 'ons equipment on the
Premise
As of nt of the First Term, Annual
shan be Eighteen Thousand and No/lOO ($18,000.00) Dollars and shall remain
1
~^'~i^'
~:~
Site Name: Lumpkin Road
Site Number: 026-0 I OA
same ug out the First five year Exte
the Second five year Extended Term, Annual Rental shall be Twenty Thousand
Seven Hundred an No/tOO ($20,700.00) Dollars and shall remain same
throughou#~~. year Exte II remit to
all amoUn _, e and owin s Amen
T enant~x Amendment.
2
cy or contradi
and effe
or other te
y eclared null and void. Except as
herein modified, and subject to the foregoing, every provision, condition, obligation and
ant contained in the Lease shall continue in full force and effect.
L'~,=:";:;~
'~!!~~~illill@111~~~U'
Site Name: Lumpkin Road
Site Number: 026-0 I OA
IN WITNESS 0 , the parties hereto , or caused their au
representatives to execute, this Amendment as of the date first above written.
./
BELLSO OMMUNIC
LLC, a Delaware Limited Liability Company, d/b/a
CINGULAR WIRELESS
3
----.;' ;;. ...- -:/ ~.~
~? ""='"
!~~~IIF~lULUU!U~i'
Site Name: Lumpkin Road
Site Number: 026-0JOA
4
'1/
GEORGIA, pe sonal1ycapp~ared
foregoing instrument.
ITNESS
:~;-~;~;
~~-~"-------"""
"~~~Ij!jlllllt!!~~~'
::~"'~.:;~
Site Name: Lumpkin Road
Site Number: 026-0 I OA
Exhibit "A"
(Description of the Premises)
Being the area shown and delineated as the "Lease Parcel" on the Lease Exhibit of Site 026-
A~'S BRIDG for BellSouth ARCADIS Gera ht
;rnllf!~r
r dated Octo February d January
.ched hereto illJJI''''!jIli!!' . of as Exhibit. arcel being
(or pOrtlOru;) of the real property of Rlclnnond County ter and Sewerage System, as su rea
property is described in that certain deed recorded in Book 37J, Page 854, Richmond County,
G ia.
ogether with
the servic
xhibit.
5
Exhibit B
Exhibit C
copy of
Exhibit D
.. =~"~