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HomeMy WebLinkAboutLEASE TERMINATION AGREEMENT 120 LAKE ELLIS RD CINGULAR/ UTILITY SERVICES CO/AT&T '~" ~ into as of this 1st day of May, 2009, by and between Augusta Georgia hereinafter referred to as hereinafter referred to as "TENANT". of which WHEREAS, TDI, INe. and TENANT entered into an Assignment Agreement dated WHEREAS, LANDLORD AND TENANT entered into an Amendment to Co- tion and October Exhibit "c" (hereinafter referred to as the "Amendment"); and NOW, THEREFORE, in consideration of the mutual covenants herein contained and the parties mutually agree as ollows: .=~ ,~,~~ ~.~-_l -1- The hereby re terminated in its entirety and the Leased term therebytlemised is hereby brought to an end effective at -2- LANDLORD agrees that simultaneously with the execution of this Agreement that TENANT ute and ent '~!~~~~~~ri "D", with Utility Service Communications, Co. Inc., (as Licensor), for the same property as -3- LANDLORD and TENANT hereby releases and discharges each other from any and all st the othe -4- That the parties hereto represent and warrant that the officers and/or representatives executing thority to other from and against any liability, loss or damages resulting from the failure of such officers and or We will hold each other mutually harmless for the performance of the contracts and tetmination of the ,_"=_"':~: ;1b:~,-~---'--- w,_, IN Agreement as of the day and year first above written. ES: COUNTY OF 11 ) Augusta Georgia . sion Ex . Public, Co My Commission (SEAL) ,,001 / FA e Ellis Rd, Augusta, New Cingular Wireless PCS, LLC ACKNOWLEDGEMENT "~____ A~=!2=::", -'-"~-,-'-- ;;;;;~_;;%n;;H~ ,'" ;: -_if-,~ ~; xhibit Attach copy of Co-Location Option and Lease Agreement \ ; ;'"'''__=~*,__,.t> !~_~;~'" ""'?!:'E2: 'li~,iif~~ ------, - . - j ~ . y- 0). {p-(JO/ CO-LOCATION OPTION AND LEASE AGREEMENT IS CO-L into t RIeHM (hereinafter referred to as "LANDLORD") (hereinafter referred to as "TENANT"). the "Ag~ 1911., Georgia corporation OPTION. . ration of th Dollars ($ ~oo . 00 ) (hereinafter referred to as the "Option Money"), to be paid by TENANT to LANDLORD upon TENANT's execution of this nt, LANDLO ts to TENA . right and . er referre- 0 use desr Leased Tower tog usive eas, and utilitie Leased Premises an e Tower in accordance WI the te~s and conditions se herein. If TENANT:rfciils 0 exercise the Option within the Option Period, .as it may thereafter be extended as provided herein, the Option shall tf:lrmi nate , all rights and privile es granted hereunder .'" eemed~~c=,", d, LAND oney pa' nd no add payable other. *SeeAddendum #1 "f~$ ;$,.-~""~": ;~;;"""":;:?~" ;JJ~~~~!~l!ij~@@~i7 , "~~."' r . t" Changes in Property During Option Period. If during the Option Period or any extension thereof, or during the tenn of this Agreement if the Option is exercised, RD deciq t ~', .,par chang~lning of th th t" -,~IIIII,III'rJlllIllllllll;LANDLO.:iW" d' or e 0 ~ K I oun Ing of the Leas I DLORD's S "), LANDLO immediately notify TENANT in writing. Any sale of the Leased Premises or the Tower shall be subject to TENANrs rights under this Agreement. LANDLORD agrees that '~II ~e <?ption !~;riYi 'on there~f,' of this Ag~~ . , on IS exer; hall not I any chan of the Lea LANDLORD perty or i "W/>>lllllli consent to any change in the zoning of the Leased Premises or LANDLORD's Surrounding Property or impose or consent to any other restriction that would prevent or . NANT from u~,i!~ Premises for . ed by TENA er set fortd . encumbrances on ~t~l~fu the Leased Premises~dr ower, Exl:1ieit Q attaches her:eto that would prevent TENANT from using the Leased Premises uses intended b TEN ereinafter set forth in t . eement. nspection 11 permit any extension ther, Ingress and egress to a e remises and the TENANT and its employees, agents and contractors to conduct structural strength ,ses, subsurface boring~.te , radio hquency tests d such other tions an iviti JENANT , at the sol . TENA s, agents II have tli ng the necessa equipment onto. remises or the ~ the LANDLORD's Surrounding Property to conduct such tests, investigations and similar activities. 2 F . .. Surveys. LANDLORD also hereby grants to TENANT the right to survey the Leased Premises and LANDLQRO:s Surrounding Property, legal description of d P. ~~ 1IIIml!ll!II!IIIIIIIIIII!IIII~ ta. ed b reml "" 10 Y ecome aU be ade a part ntrol in th ancies betw I it "A". Governmental Approvals. TENANrs ability to use the L canting ')6tct.~1 all certifi quired 'r local au plications re~ respect to, n d 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 . e, permit'~~'1( for the L med ne . LANDL gister an osition to ures. Exercise of Option. RD by cert" on the d . I' hereby leas ace on the ~lliI 1.11 WI"' the extent necessa,yfo enable TENANT to erect, maintain, repair, replace and operate the following and associated equipment, all for the purpose of a communications facility and s incidental theret . mit and (L)" ~) Microwave dish(es) to be located on the feat L') level of the Tower. LANDLORD will cause at TENANT's )m IW' lish perc~nta t. TENA ' mber an- ment a~ stays .~ , does not use any adClitional Tower capacity and complies with all the other terms of this Agreement (Le., interference.) 3 ',~l"t,~~_,;!,,; <f'7%:;::~> tlllllll~~~@~~~~I:" 'jYIIJlljllmmijij~J!' '~:._-,-,_.!:' 1" . " LANDLORD also leases Thirty-five foot ~I X 35 ' 'bed and as LANDLORD shall allow TENANT to pour a Ten X 15 ') concrete pad within this designated equipme elt e design on Exhi obtain p sand cond aragraph 7 () foot by Fif teen foot leased area and place an s been spec' f same pJ'~IIIIIII~ TENANT shall furnish, to its unmanned equipment shelter, electric and telephone or the op:~,~f ji~ communi . TENANT""$, ble for uti,' . , 'rig to its i ment. I service s etered, an e responsib costs associated with metering, including the cost of installing any meter, s and uti!' ' the rig order to se Leased Premises, Tower, antennas and other eqUIpment. LANDLORD shall provi e 24 hour, 7 days per week access to TENANT for maintenance purposes. TENANT shall have the 0 tion to extend the term of nsecutiv , Each . matically tice by T "~; illlillllilllllr ORD unless LANDLORD . 0 its intention~!~rlot exercise any such option, in which case, the tenn. of this Agreement shall expire at the (k end of the then current term. All references herein to the term of this Agreement shall e term as' , vided for " . 4 d> i':~7~' " .. '!llMt~lj~I~~j~I!~' i~T.~'~. The annual rental for the extended terms shall be as follows: 2nd 3FQ The annual ran 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 TENANrs . Should T owe ifi' .e required, :th modification "'IT! by TENA ubmit pia to LAND pproval pri nt of any mo RD shall Tower inspection upon completion of modification 0 insure work compliance. "Sflould Tower inspection identify non-conforming work, TENANT shall correct such non- , g work after which DLORD will conduct ()wer inspection to the corre~' ' atorem ections ns shall b nd expens hall be co pursuant to the term and'conditions set forth in p~ of this Agreement. 7. TENANT, witho 0 any kind to LAN , may commence work only after LANDLORD has approved all plans and specifications in writin . LANDLORD's approv all, not be unreasonably withhel or delayed. TENANT comply . D's reaso~ LANDLO option f ANrs con installatio n enance that wil ss 0 the Tower 8. e TENA~T, at its sole cost and expense, shall e and . d, sub~ ' 5 ,f/L ~!~~!ID!!!J~!IW~' oF workmanlike manner, free from faults and defects, and in compliance with all legal re irements, and shall utilize onl t class materials and's. TENANT shall be sponsibl eans, , seque es, and fo Ivjties relat 9. payment of Costs and Expenses.' TENANT shall provide and pay for all labor, materials, goods and ~YRP,fies, equipment, appliances, tools, construction nt and nl.~ch' Cc ..~~. facilities ary for t~nlli~ and com]l ..... . TENAN hen due~11 xpenses incU1l1~l e Ion with the T 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 necessary for the performance of the 10. LANDL. at its expe necessary repairs and replacements, as well as alterations required by any governmental authority having jurisdiction in and to the Tower, unless the required repairs, ents, . or lely requir, T's communi t I t th t 't ~IIIII!IIIIIII, n oca e so, e ,a I s exp ry repairs, r alterations a TENANT shall maintain in a good state of repair, and enna, transm. . equipmem, actices a mental ~, , aintenanc ANT's ante ,,~ equipment are required, TENANT shall use qualified technicians and submit for LANDLORD's approval the names of technicians or contractor proposed to make ry ascents and d DLORD's T LJ'.NDlORD's UG8, transmittal, or oommunicatioRG. 6 .J . . (!Wll~illrf!U!UU!UIU!" ~3. Indemnification. TENANT shall be liable for any damage to the Tower, or quipment located on the er, arising out of or in cupancy sed Pm . intentional ents or e any damage to an s equipment Iq e ower arising out connection with LANDLORD's use or occupancy of the Tower and Leased Pmmises and caused by the negligence or wiltful..9r intentional misconduct oi.~~~gents or employees, I '". -;~~~~ __ \~;< --,-- .:- '.:",; ;~nlf'i~P.Ah 1\ I I II I , , , approaches thereto, arising 9141 9f or in oonnectioR with Sl:.Ich party's uso or occupancy of the TO'lIer :lAd the Leases Premises. ~ . .'. . .... SE is val by raga .' ental authd~Ues vent such a e d or subseQo-'-c~ withdrawn, or in the event that TENANT's use of said Tower is otherwise encumbemd or determined to be inconsistent with the interest of LANDLORD's use of the Leased , either pa nereto .all other t f this Ag~ e e the rig" greement advance the other rrnination sh RD and TE from all further obligations set forth herein one to the other. In such event, TENANT shall promptly remove, at TENANT's sole expense, its -antenna and all other equipment and . . lied by or for 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 al'lY er provision of this t after si otice an 0 may te. . ent im er noli T to re be remov s equipment. . , such event, ~ liable for any and all costs incurred for mmoval of TENANT's antenna, transmission lines and associated equipment from LANDLORD's Tower and for removal of associated ': i l~t -~.~ ..I " . structures from space provided. LANDLORD shall not be liable for any damage to such equi ment during its removal. . ... ... . ... .. pan expofthis Ag'~~ , at its owri~Jlllilllilllllllst~lli~a'!I\e!p~W~~, shall comp r have remove thffie feet (3') below grade, all structures, including antenna and associated mounting brackets, transmission equipment, concrete foundations, fences and other associated , and re~~~~ L emises t . grade ~!~ " ear and te eh time for ANT to re'l i! d P , th t ' f th' A ~~IIIIIIIIIIII,!IIIII~ e remls wer are ermr 0 IS greem TENANT shall pay rent at the then existing monthly pro-rata basis, until such time as the removal of TENANTs personal property and fixtUffis are completed, 'W'llf1 ent may ENANT to company or sidiary of or its parent company; to any successor entity with or into which TENANT is sold, merged or consolidated; or to any entity resulting from a reorganization of TENANT or its parent . " . Otherwis ' ritten cdw1l!llllli, I be deem"=' urier selVi requires proof of receipt, addressed as follows, or seta any other address that the party to be notified may have designated to the sender by like notice at least thirty (30) days RriOr. - ~. eachtree Dun Atlanta, Georgia 30328 If the whole of the Leased Premises, or such portion I ~. i es unusa erein Le 8 condemned by any legally constituted authority for any public use or purpose, or sold reat thereof, then in e' of said event.s the term her ranted shall cease ime whe "eased Pr e Tower,ida c authoriti be accou LANDLO~ NANT as of tha on a pro-rata basis for advance. An condemnation shall in no way affect the respective rights and obligations of LANDLORD an NANT hereunder, NothingjQ~ this provision shall be construed to limit or affect s right to ,,:::-.=iCC' sation of roceedin TENAN ent, if tal< U\NDlORO shall be Fesponsiblo for all profJorty taxes 1>0 (b: . Au) :'L ,,) ":~~/' ~1 'llW~JUIII!@U1li~'" . / . . ;~1II!IJI~1Il~1Il1ll~!; ~%~---.:-- greemen ed, interpret regulated Leased Premises and the Tower are located, .'1'1 III'I' ~ c7. ,.,.~~; ""....., 'WII~lllill' and legal Gssistant foos, for servicos renderefJ in ooAlleaion therewith, including appellate proceediR{iJ8 GRd post JUGgment pFOQoeElings. . F . greemen and no a r3IM!~~!f 1,'1"11111II' tations un . . g"IIIUlIIII!, iY,~llliL\, ' shall be brndlng on ahy of the parties, The date upon which it becomes fully executed by all parties. 27. Miscellaneous. At the request of TENANT, LANDLORD agrees to execute morandum or short form ,0 his Agreement in recoroabl form, setting forth a , f th b. !~I:IITI~lr.1 . th . ~ on 0 e!11,ffi~ . e term o. 0 er InIO . by TENA . ~Ill" "'I~~~ of giving to third ~ .... LORD fails t document withi f TENANTs r-- .. . TENANT, at TENANTs option, may withhold and accrue the monthly rental until such time as such document is received by TENANT. Of97tc 9 ./ ,) ~ 'n!lij!lillill~JJij~~' t~~-~:?; IN WITNESS WHEREOF. the parties hereto have set their hands and affixed their respective seals the day and ear written below. ;, .. IAL SEAL) , .. : . .. ... ~ ealed an ayof 199 L, in the presence ot: !;~ _ , '" u ~ ~ ..- My.c~nJSSion ~pires December 7 1999 t :: :(NO-rARIAl:. S~L) , -. -..... - : ~ '~ 5-: f 971C ,.. TENANT TDI, INC" a Georgia corporation By: Attest: ~ ~, ' ;".~t'::","1:7XF';0 ~ .;..;... ;..;.. ;.';: \:;; - .........- ... ~.. ....~.. .- ~J>a . ....._'r~"" .;U!ll!llliJIJI]I~I]!~lt. " ".\' ..' ~ ~ ~ ;: ;: f :: ~ ~ ~ ..... .~. '. ;r.r::...".c" f ~~.'1.,", t ~ > ",0. \ ~' . ~;.;,. - -- ". ."*~H* "~~j~~~~~I!IJ' *".~-~.;,,,# .I .r I NDLORD et>y agree tha conditions of th Agreement are hereby supplemented and/or amen~ed as follows: 2. In the event that the LANDLORD's interest in the Leased Premises is an ownership interest, Paragraph 15 is deleted in: entirety, D's inlti Is: ",_t ~~ "="-- ;~~'1ltil,=M j ~ : ADDENDUM NO.2 TO CO-LOCATION OPTION AND LEASE AGREEMENT DATED 1-"; BY AND BETWEEN OND COUNTY, IAtAS L DI, INC TING T REET W i~~~~:jJ5t"A..1 ~'t-O\'~I LANDLORD and t are here hereby agree that the t r amende 1, RD and TENANT agr e word "communication found on the fifth line of the second paragraph of page 1 of the Agreement shall be stricken, Fu the parties agree that the Premises consist in art ter tower, which is referred t 2" of the Option Period s the date that this Agreement is fully executed, 4, The first paragraph on page 2 of the Agreement is hereby stricken in its d replaced with the fol ,language: Tran transfe at any time by TENANT to e ou Personal Communications, Inc., a Delaware corporation d/b/a BeIlSouth Mobility DC ovid at said entio/ a . t to the t 8L,,~~, From all' tion has be gne'~ansferred ' tity reference above, TENANT shall immedlatelybe released from any and all liability under this Agreement, including the payment of r er sums due,' t action 5, In e third paragraph on page 20 the Agreement, the language "except as set forth in Exhibit "B" attached hereto" found at line 5 and at lines 6 and 7 of the are hereby stri 6, Section 2. und on page the Agreement, is here y stricken in its entirety and rep aced with the following language: 'i ":\. ,- j,f~7~f' ~ ,~~*' L ~. I ~ ffi~~ of the fIrst p te erm four (4)" and r a with "two (2); virtue of this modffication, TENANT shall have the option to extend the term of this Agreement for two (2) additional consecutive 5-year periods. .'i" This Agreement shall commence upon the date the Option is exercised by TENANT or the assignee identified here' Ion 4 of the om the Agreern Section 12 of the Agreement, found at page ~ with the II II ANT agrees to insta ent of types and frequencies which will not cause interference to LANDLORD or other occupan eased Premises which ce on LANDI fthe CO "!>I~'"!: , TEN RF inte erence analysis showing poten con icts between TENANT's frequencies and those of LANDLORD oTother occupants already;jI!, glace on LANDLORD's To the =1;~~ even ~,-~~' nt causes TEN eps necess the int erence, If said interference c ot e eliminated within forty-eight (48) hours after receipt of written notice from LANDLO , TENANT shal ' disc , er and shu equip ennittent op se of testing, er performing maintenance, reparr, modification, replacement, or other action taken for the purpose of correcting such int . uch interference . wit ' receipt 0 TEN 'eTEN e I:,.easedemises and this Agreement sh then terminate without further obligation on either part except as may be specifIc rein. 2 found on (k l ..t" 4 l!J~I@llij~\' h1 the event LANDLORD enters into lease or .,. 'jimrlrl~thers for th ,~~II~;lllilllliibire such 1 ~11111111111i1!!I1!!lfQ install t oflypes and frequeQ. 1 not cause interference to TENANT's communications operations being conducted on the Leas Premises, LANDLORD a e& that in thee TEN ee or license all steps necessary to all e lminate the interference, If said interference cannot be eliminated within forty-eight (48) h er receipt of notice of the ce of the i lIi"'1iJi LORD t e, L ch lessee the ele c er and shut down such r licensee's equipment (except for intermittent operation for the purpose of testing, after perfo_' aintenance, repair, IDO' . repla taken fa such ,em, ch interfer rectifie 0 e satisfaction of TEN AN n t 'rty (30) days after receipt of said notice by such lessee or licensee, LANDLQIID TENANT's reques or Ii jlllllll~~!l tennae an he Leased' 9. ified asF ~i~ \~iiU" .,~~~",." The title of Section 13 is' now amended to read as follows: with the followmg language: TENAN~~8tee~ t . L ~"""",' 4', loss, s to or dea damages,'liability, loss and claims to the eased Premises, of appurtenances or approaches thereto, ~sing out of or in 3 " \\d~; ;~::~ ~=~ ,,,.,-,,,,-::::"~.~ ,.,....----,,~ h,,"' '* .I ,~. " , _~7" '~"* connection with TENANT's use or occupancy of the Tower and the Leased Premises. ; TENANT shall procure and maintain at TENANT's sole cost and e ' e and effi of this A , ,I>" " c liability policie~as i\NT may deem reaso~ ecessary but in no event shall said policies provide a combined single limit of less than $1,000,000. eement, replaced with the fo to-~lltherwise provided herein this L__~'~ted, witho as follow (a) By either party upon a default of any covenant or term hereofby the arty which default is not 'thin sixty ( written n ' t, howe " '" , , " rights aval I~JJlmlllillll!@~\ :UU"ll~"' . . pursuan any-other prOVISIons here09, (30) days written notice aintain an essary to th operatio 0 e facflities contemplated TENANT's business; or 12, bon 22 of the Agreement, fo at page 9 of the Agreement, is hereby stricken in its entirety and replaced with the following language: 4 't'-T'!!E2/'~~i:;' !~:~~^' J ..,t 'J~ . \1!J~W~~l 'VUIII!llIMIW~ ~':"",_/S; ~. Any taxes including but not limited to real estate and property taxes assessed on the Leased Premises shall L .ENANTs on T ~111!llllll!III!IIIII!' perty loea Le . TENANT's equipm am TENANT's personal property even though it may be attached or affixed to the Leased Premises or the Tower. " . 15, In installing its equipment, TENANT agrees to use Andrew hanger blox or similar equipment approved LANDLORD to neatl d secure cables 0 egs of th 16. ou LORD, during the rm 0 this Agreement, to incl any renewals, desire to perfrom or be required to perform maintenance on the Leased Pre' , LANDLORD shall m nable efforts to accom . work without requirin TENAN services. RD desire Uired to pe ce or rep cannot with reasonab e accomplished witho usmg or requiring a discontinuation in TENANT's telecommunication services, TENANT shall be given as much adv ee written notice (up to th' QQ}JJays) of the co e work requirin tinuatio 'T. '.~~~ the eire T shall hrti'i!i' cate on the .obile unit s ANT to c . servicing its customer~~rinng the performance of sucH 5 '" .:"~~_='d:':./ ~:"~' 4' . . D~- 001 Pi 'l1~!mJ!~@ml!~' ~,~ ..~,~..;?f: ;~ . 1.. '9 .,: ...... .. , Premises. tc !!I@lllIli!Ul1lmUlli"\C0 a " ~t~l ii---;;;-~ Licensee Site: 026-001 /FA# 10019417 xhibit Attach copy of the Assignment Agreement j@~~~~l ~! . ASSIGNMENT AGREEMENT (GEORGIA) tered into ' ration (h ,~, "TOI"), whose addres eachtree Dunwoody te 500, Atlanta, Georgi~' 30328, and BELLSOUTH-PERSONAL COMMUNICATIONS, INC., a Delaware corporation (hereirurller "BELLSOUTH''), whose ess is 3353 Peachtree Roa Suite 300, Atlanta, 0326. WITNESSE or an In consideration 6 0 en ollars ($10,00) other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereb acknowledged, the parties hereby agree as follows: ignee, and OUTH, or its cepts the sale, ent of all rigH obligations ofTDI pursuant to the provisions set forth in the CO-LOCATION OPTION AND LEASE AGREEMENT by and between RICHMOND COUNTY, GEORGIA, NKA, A, GEORg . ~ TDI, as T 7 (the "Le to that certli : Jake Elli gia 30904 s, city, state an m Richmond IN WITNESS WHEREOF, this Assignment has been signed, sealed and delivered as of t above writt NAL CO UNICATIONS, INC., a Delaware corporation :~I!I!~ll! 'll~~ill~illl~; JJmW~~'!IWWIIJI)!Ul' Licensee Site: 026-001 /FA# 10019417 Attach copy of Amendment , ~ ",,-,,- 4=*"**=" :~JI~~~@~~li~~~t"' :{~!~~lmll~m~l'!~ *"*--*"C::~~- : Site Name: Daniel Field Site Number: 026-001 WHEREAS, Tenant is TDl's successor in interest to the Lease; and 1EREAS,th~, d to place :~tl~'": ~111" increase d esire to amend !~ll": pment on Ipment being NOW TIIEREFORE, in consideration of the mutual promises and covenants contained d in the Lease, the parties hereto agree as follows: Tena to replac current equ ",. the Pr , ic includes the folIo 3) transmission ant~llllllllli!i the Water Tank; b) six (6) transmission lines cOIUlecting the antenna and other communications equipment; and c) one (1) cabinet for the storage of co F'1i,",,'h.'''iI!l!illi~IT!,", t on the ereby au, repta any or reference followi e nine (9) tran on the Water twelve (12) transmission lines connecting the antenna and other communications equipment; and c) two (2) cabinets for the storage of communications equipment on the Pr ' As 0 of the Firs shall be Ig teen Thousand and No/ ,000.00) Dollars and shal main same throughout the First five year Extended Term, As of the Commencement of \"n,""M..".......~.?' ~1'~ ".~V~ Site Name: Daniel Field Site Number: 026-001 be Twenty Seven Hundred and No/lOO ($20,700.00) Dollars and shall remain same throughout the Second five year Extended Term, Tenant shall remit to Landlord all amounts' di ue and owin t 0 is Amendme ~l Ten ,~ , endmen 'The parties hereto expressly agree that in the event of any discrepancy or contradiction n fJe terms of the Lease terms of this Amendment fee and effect shall be he terms iillmlT:iilm~!i, any clau t I or otherte 1 contradic"" I" , endment i and void, " d'fi d JJI!lllllllllllt ~. d' " bl" erem mo 1 Ie , anCl'~csu 0 e 10regomg, ev ISlon, con Itlon, olga covenant contained in the Lease shall continue in full force and effect. 2 !l!oom~~~~j !mmm~l~l~! r:~i: fh,*""",, ,",: *--W' Site Name: Daniel Field Site Number: 026.001 IN WITNES , parties hereto , caused their representatives to execute, this Amendment as of the date first above written. BELLSO COMMUN, LLC, a Delaware Limited Liability Company, d/b/a CINGULAR WIRELESS By: 3 1~JII~~I!i ) ) :!TNESS ITNESS m 'to\\\\ ,<,. -$""'f.\\. Y N.,. ~~ ~~.;.~i"s"OJ;~f:.~~ ;::.(p ~. ~ S :~ FE ~.. ~ ~.:r,<w, n - . Exr'~II"'!1 .. a I~ \ ).i$:.. i~lll'l'llllll . . ~-r..: ..:c8~'Gf).o :!lii %O~"Jk:a....,~v~ "II: ... T pv ~~ 7"11I1II"\\\\~ ~J~~llj~I~! ~-:::. Site Name: Daniel Field Site Number: 026-001 4 ;~ ':"~\",'~iJ' j; 1~;'~' !~~~~~~~ ~~@llj~W Exhibit" A" (Description of the Premises) ;j~;,., -;- Site Name: Daniel Field Site Number: 026-001 Ar.. area loea e e md the waterworks filt a 425 Highland A v . Located at the north end of the water reservoir on Richmond County Tax Map 43- 2, Parcel 153, The antenna are to be attached to the water tower. 5 ~,:=--- 1~i:~; c copy of ~~~; , ;;~~' 't~,,'~ "lWW~~lm!~ijl" Utility Service Communications . ense Agreement J;!gu~ta 120 Jake Augusta, GA 30906 20459 'T&T 026-001 / License Agreement utility Service C · 'i ,." S Co . Owner. Locatio \V~IIII~mll!@f '~ " "~--m</ := This non'i~:":":~' of d between ommunications Georgia Corporation, whose business address is P,O, Box 1350,535 Courtney Hodges Blvd., Perry, Georgia 31069 (herein referred to as the "Licensor" or "Company") and New Cingular .. ss PCS, LLC 'II'~' 'ted liabilit ., tes and su . . ,1Ii~IIIIIR d . 1 1 h partlclpa ress IS p aretta n referred to WHEREA , sor has entered into C USlVe Wireless Co ica IOns Management Agreement (the "Management Agreement") with the owner of the Water Tank ("Tank Owner") described on Exhibit B attached hereto; and wher as Licensor has authorit): hat Agree '11'"Iii III III'llile. g Agree e plac nications ted enclos Site (as eremafter. defined neater Tank (aseremafter defined 1 m certain enclosures and buildings on the Site; and whereas the parties hereto have mutually agreed to this License pursuant and subject to all of the terms and conditions hereinafter set .'^,^~~,.._". "'/~ :~' 1~~!!I~~@i~Rmil!" "~~J!lmllll!lllljllll~' "!~~~Oj' 4-7-09 NOW THill ,ideration of" ' timely, fai performance of all of Licensee's obligations hereinafter set forth, Licensor does hereby grant to Licensee a license as follows: 1. Subject to the terms and conditions of this License Agreement ("Agreement"), or hereb)': Licens t ' . and op , , cations ,~~, ,"~. ent") des on Exhi , , . I ' liP to on the eIirteferred to at 120 Jake'lJEt ~I~a, Augusta, GA 30906, (LT: 330 - 28' - 25.46" by LG: 820- 02'- 04,17") ("Site") (Site and Tank are described in greater detail on Exhibit B attached hereto), sor's Site o e Tank ("Eq , proVIded that Lice 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 wi en consent ' earlier of lease t Exhibit sor and the,:",,, ay 1, 2009 ate") and s for a period of five (5) years ("Initial Term") with four (4) additional five (5) year renewal period(s) ("Renewal Terms"), subject to Licensor's renewal of the Management Agreement 'tial T~M..an Terms shall be lee ' ferred to herein "), The .~ t further f Licenso 'ded how may t !!W~,'III'J!'1t Agreement at the expiration of the Initial Term of a e expiration of any Renewal Term by giving the other party written notice not less then ninety (90) days prior to the expiration of en current t 2, Term and Termination ay be t is to be removed, 2 Utility Service Communications ~. se Agreem 4-7-09 (d) y be termin icensee wi days written notice to the Licensor, providing that LIcensee shall pay to Licensor on or prior to the date of such termination of this Agreement a sum equal to seventy percent (70%) of egate re~ar ' 'il!!ft would be due d:11 '~e r~ainin t eement I ' ,ot been t s sectio (e) s Agreement may be terminatby either party upon default ( er an a payment default) of any covenant or term hereof by the other party which default is not If,,within thirty gO) day~q~eeeipt of written notice. ult (without, however ,11111 IWIlij[1, th '- .,= ~ ==, th arti' , . any 0 '2 ' e p roVISIO ee is in de ~ "~. ayment 0 d fails t efault within ten'lftfO) usmess days after Lice Ives written notice th m Licensor, Licensor may terminate this Agreement and thereafter pursue any and all rights and r _ edies that Licensor may have eunder or at law or in equit , 3, Licensee shall pay Licensor a monthly fee of Two Thousand Four "Site Fee"kQ , of the Initi ,.=.: S1i!1 1111 I'iifl on S tern e after on , ' .' ery month, Su e'proVlsions ofSectiillri(CJtitie, ite Fee is (e )I~I~' charges for the furnishing of electricity to Licensee with the first payment due coinciding with the commencement date, cement mat ent durin . tial Terms), the then , Fee payable by the Licensee to the Licensor shall be increased by an amount equal to three percent (3%)percent over the total Site Fee payable by the Licensee for the preceding twelve onth period, (c) he Site Fe shall pay to Licens r upon execution and deliv 0 this Agreement a one refundable Administrative Fee in the amount of One Thousand ($1.000,00) Dollars, (d ts set fo ~~ from the Licensor, LIcensee shall pay c arge of five percen 5%fof the monthly fee for each payment made more then ten (10) days after due date, Licensee A ounts Payable Notice addr t forth in Section 15. (e) e monthly Site nistrative Fee pa to Section 3(d) , be payable and delivered to Licensor Accounts Receivable Notice address set forth in Section 15, or to such other address as Licensor shall designate, To enable proper crediting 3 0.*=:1 \:",\",^~~"""\,**: :~'\;::::::7Mt:* ~@~OOijt 1'~i~IJ'III~IW" ~WlIJijlUll~1IJ1IJ1~\"'" censee paymeJL ' Number and Site I.D, Number on identification number is 58-2587465, The Site shall be provided in "AS IS" condition by Licensor. Licensee has and inspected th 't epts the physical co eof and ackno represent= , ave be y Licens on of the SI , as the c e EquipmeIi as to any engineenng data~' Licensee is responsi for netermining all aspects as to e acceptability, accuracy and adequacy of the Site for Licensee's use, Licensor shall have no , ation to obtain licenses fi icensee, or to maintain' , operate or safe e's Equip ess, Licenso to Licensor. Licensor's federal tax 5, Installation. Maintenance. and Operatinl! Procedures Equipmen gulations 0 e, or Federal onlY' jurisdiction ereto (includin limitation, the rules and regulations of the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA") and the Occupational Safety and Health 'stration ("OS hall atlac ibid' ,'Agreemen1!' operatin of other Ii ich it has''''=; ent to this A 0 0 the insta1lati ent, or any m 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 d conditions: " shall subni set forth in Section 15, modifications or changes which shall not be assure Li % ement, th cations for Equipment and any mo lfications thereto shall be su Licensor for review and approval. perfo connectio on, maint , ification, o Licensee's Equip e performed at Lie e cost and expense either by contractors approved by Licensor, such proval shall not to be unreas bly withheld or dela ed, 4 \"0 1J;)'ik~:~~/,i l~\,:;;;n=;: !~IIIlllI~II!!i~Iill@I'II"' :~~l; Utility Service Communications seAgreem 4-7-09 ee shall 0 ained tee authorized personnel to work on its Equipment located at the Site and such technicians and authorized personnel will llP e such work 0 e with applica illl'l"!!IIII"! . " ' d other les, and mg all laws ations invo frequency (RF) r lation emission and/or sa e y work standards for work performed on or near communications ,t<!cwers"", Tanks and ant icensee shall r 'de ~iJ~-:c~J, on of its oregoing tp,i"n' :jj1ii as similar all technic, ,I , ;!!lli'lmillllll~ ServIce people con e y It to work on the Site: certification of compliance is to be provided at the time de~i " ation of a contractor is to the Licensor by the ,:'11' I' ~~llllllllllll !!lllllill~rlr'l 11 . T ' I' , as we me as LlI Licensee s ctors, as a ~, eir engagement, to eound by provisiorts~' to those set forth in this Agreement, specifically those rovisions relating to the indemnification of the Licensor and ance requ' ein, The actor by relieve th of its obligati eement. Wor that is unsatisfactory to Licensor must be repaired within thirty (30) days of Licensor's delivery of written notice thereof to . If Licens' repairs, at' , and expe days aft notice, Lice all the nece at Licensee's sole cost and expense and such sum shall be immediately due upon the rendering of an invoice by Licensor , ee as an additi under, ork perfo or its , ,llu~1ill1l)l subcontractors, or m ena men pursuant to this Agreement, whether in the nature of construction, installation, alteration or o the Tank or Sit r t ee's Equipm o be for enefit oft Owner so or other It allowed against the or ite and estate of the L nsor y reason of any consent given by Licensor to Licensee to .irn e the Tank or Site, If all anic's or other liens will e be fil ite ofw ' S a part by performed or furnis , 0 egoo to have been p or furnished, to Licensee or to anyone using the Tank or Site through or under Licensee, Licens will forthwith cause same 5 \,~^.,.': ~p~ ':1!illj[[llllliij~~m~' ~""'C ~--=,':~ Utility Service Communications m. se Agreement (b) 1 anything to tained herei agrees that in all matters where Licensor's approval is required, and Licensor determines in its sole reasonable discretion that a threat of interference or other disruption exists with the , ss of Licensor other existin ' ts, Licensor olute righ roval, ( c) Irl the event that Licensee requires~ an electrical power supply and/or usage different from that currently available at the Site, Licensee shall at its sole cost and expense , such power s)!ppl , k performed iIJ. c ' 'this Section with the ,1111[111;; 5(a) her agrees th= stalled by .... '. ....... ... thin the sor and '!ullllllll!llll!ll" ~j'lM"II~~UUOi , from such easement nght shall be corrected at censee's expense, which s s be immediately due as an additional fee hereunder upon the rendering of an invoice by Licensor t ' censee, 4-7-09 ischarged 0 0 the satisfa Licensor. If Licensee fails to cause such lien to be discharged or bonded within ten (10) days after it has actual notice of the , ereof, then, in ther right or r , Licenso e the s ount claim the amount Licensor, including reasonable attorney's fees incurred by Licensor, either in defending against such lien or procuring the , or discharge of su ' together wi ' at the st due and. to Licens e hereund (iv) All Licensee's Equipment shall be clearly marked to Lic.ensee's name, Site name, Site., address, and tel d the ntact i illll~Iill!i!'MIj", cy, FCC " y, ou~ut . . ~ locatIon, All COaxl a ng to the EqUlpm sh1Dl be identified by Licensee's name and frequency at the bottom and top ~f the line. Licensee shall be responsible for the proper . ." ~u~< t the Sit~ . quirement ~_ to the 1:- quest, LI promptly deliver to proof of comp all Federal, State, and local laws, rules and regulations in connection with any installation or modification of the nt, (d connecti Installation or mo- n 0 the Equipment, s I have the right, i so e discretion, to either (i) cancel this Agreement, or (ii) allow Licensee, at Licensee's sole cost 6 "'J~,;i."MU'*".~"."'."~+~; '.:;....:::;:": UIJ!II!~m]illlll!!~'I!' pense, to 0 ance, Licensor reasonably cooperate with Licensee in obtaining such variance. 5(a) (ii) ab tion ReQ' I agrees of this ee's emploi!Jj~I"'IIiII!: ss to Site . ntenance Licensee's Ground Equipment, twenty-four (24) hours per day, seven (7) day per week, However, Licensee must notify Licensor prior to gaining access to the Tank, Pursuant to . n 15 "Licensor A N..Q . tion Requirement" 'cen ot satisfyth ent to -. lephonic ~, The LicS"ffiI:\ enants tha: e Tank wi ith one 0 .~' ~!lliIIJl~I~' contacts listed in e iOlf'15 "Licensor Access Req rements" to identify: (1) WliO'W1 e accessing the Tank and (2) why they will be accessing the Tank, In the event that Licensee d require Licensor's assis 0 gain access to the Sit r Tank, Licensee se Licens sts and icensor ergency a the Tank 11ect to th .... Ijllll!lllilllll!11111 J control of, as well asr' a e security and safe ures established from ti 0 e by Licensor, Licensor may, from time to time, establish reasonable rules relating to the Tank and Site, Licensee agrees to com I with such rules. (f) er that will and exterior coating, Utility Service Company must be given the "First Right of Refusal" to perform the interior touch up on Tanks that are currently being maintained by Utility Service y. Licens ith a cop er (PO) , ed (NTP) e schedul' p will b ~,.~ ation of ant abIes shall n azard nor int~t1i the ongoing maintenance and/or operation of the Tank. Licensee shall bear all cost and expense associated with repairing coatings damaged by the installation of Licensee's , ent. (g) sis and draw Licensor's requirements described on Exhibit D, (i) A a Inspection must be comp e y a representative of the icensor prior to Licensee being allowed to go on air, Licensee must supply advance notice to , sor to perform ins ection. 'nspection approval sh unreasonably wit ed, 7 t~l -- i~;'ti;",=r' ~WI~~i~! 'l[~m~!1l1~UJUl~lUlli" !~;L,~~l Utility Service Communications se Agreement 4-7-09 (a) The installation, maintenance ent shall not 'cally, or in ent, facili lcensor r the oper otwiths contrary, it is expres ly understood and agreed tlia Licensee's Equipment interferes with: (hI e to licen mstallation and 0 radio communi ns acilities, Licensee ac s s Agreement with this knowledge and waives any and all claims against Licensor resulting fro or attributable to interferen e caused by present or fu Equipment, facilities or of oper~ti2 'censor i ,~' e Site, Lie all claims ,~ ng from iri 0 Licensee qUlpment, facilitl r ns employed by lcensee or tenant of I:J m its business upon the Site. In the event that any such interference occurs that materially interferes with Licensee's utilization of the Site, Licensee, as its sole remedy, in lieu of any and operation of the Licensee's whatsoe~,er? and/or t=' this Agre ,~ e installation and/or operation of d Equipni s Agreem s all upon request ( r 0 erwise) immediate spend its operations (except for intermittent testing) and do whatever Licensor and Licensee deems necess to eliminate or remed erence, that the ' e rectified d Licen censor, may at it , ermmate this Agreemeni'upbn written notice to the Licensee, whereupon the Licensee shall remove its Equipment at its sole cost and expense and in e with S ' e event that 't (15) a""illlllll!l.ml emove 1 s een a tion, Licens and store any Licensee's Equipment at Licensee's sole cost and expense; or t installed . ement, Li future license ("Future Party") injur by Licensee's interference to remedy the interference, Licensee shall do whatever Licensor deems ly necessary terference" , Rro that all 'ng such!~inni!,;, the respo e Party, interference is due al ure, defects or deficiencies m Licensee's systems, Equipment or installation, 8 ~jl~:; ~!@IJUII' Utility Service Communications .. se Agreem 4-7-09 1 other r n equity, m Agreement thereafter by givingl.icensor thirty (30) days' prior written notice to that effect, and such termination shall be effective at the end of such thirty (30) day period, provided, however, ch terminatio' ective if Lie ch interference 30) days a ion notic Licensor lan: e period up of this Agre ce payment after the termination s Agreement will be reim ed to ~icensee, In Icensor, in its sol i , etermines that an a modifications or repairs need to be made to any portion of the Site due to the presence of Licensee's Equipment or other i!!lprovements, Licensor shall noti Licensee of the needed cations or " " - ing proc to: (a) odifications r 0 Licensee's or modification of the Equipment, then either: (i) Licensee shall, at its sole cost and expense, promptly make all such noticed modifications in accordance with Section 5 hereof; or (ii) If oticed mo~~fi' , I~,;I~' mpleted vvi' , of such 'c ' 11 h ,III!" 'tllllllll!I,1111, th' A th a ave ,IS gr 0 er p ., Ulllil!I~~III!!lllillllli!lll~r', , pnor wntt UCn termmatIon, relocate one or more of cate said Y change ~~Ji 7, If repairs are necessary due to the presence of Licensee's Equipment, expense, pro ouch noticed r ' . vided, hom ent of e such mod at License upon notice to Li ensee, and such sum shall oCllnmediately due as an additIonal fee hereunder upon the rendering of an invoice by Licensor to Licensee, e elevat roVlde water sto or e~Tank Owner andicensee und Licensor and/or the Tank Owner may find it necessary from time to time to interrupt and/or interfere with Licensee's use of the Site in order to maintain, r air and monitor the Tank, 8, 9 ~lllilllJllj 'JII,lllm~'lm'l!llll~I'\' '!I!jIJ~j~~: sor will mak ttllnllnIZe sue Q Licensee WI claim against Licensor or the Tank Owner for such interference or interruption, Licensee Emergency Contact information set forth in Section 15. 9, Provided that Licensee is not in default in the performance of its obligations der, at the ex' , 0' eement or e' "hereof, Licen all ofthe~~" oval shal t to the. !ffiIj~c n Section 5 without any. e or destruc "l'll"@IJIl' other Equipment, s ctures or operations at the Site or any Equipment or other licensees or tenants thereon, Licensee shall submit to the Licensor Notice Address given in Section 15, val plan and clean icensor's writt 'ch approval sh 0 t asonably .,"II1II~ Any and" age caus e Equip es or tenan uch remo immediately repair or e iminated by Licensee Icensee's sole cost and exp se. f Licensee fails to make such repairs within ten (10) days after the occurrence of such damage, in' or interference, Licensor ma perform all the necessary " at Licensee's sole cost ense,an ediatel ee hereun rig of an in 10, ankOwn sees' or tenants' Equipment located at the Site that occur as a result of the installation, operation or maintenance of Licensee's Equipment or Licensee's other improvements; and (ii) any claims, s, or caus~~:' nal injuries i' ents ma1~ilr", compen- - of empl eath ben f Licensee's Site or the I nance and 0 """",,"co:,'" ;i',i:;. removal of Licensee's Equipment, except only such damages, costs, claims, causes of action or demands caused solely by the gross negligence or willful misconduct of Licensor or Tank (b) L Owner sh e or liable for any loss, damage or expense that may be occasIOned by, through, or in connection with any acts or omissions of other licensees or tenants occupying the Site. Licensee hereby es the risk of the inabili!Y~t~~operate its Equi ult of any struc or ''='li'--,--~-,~'" ailures at e "~-~. of Licen'~' ipment :6 ever, and indemni and/or armless from all d ages and Costs of defending or suit for damages 0 y d, including, but not limited, to business interruption and attorneys' fees, asserted against Li or and/or Tank Owner n of such failure, 10 'tfii~4_ .'~i;~i '-"-=Fa" --~t '''!'~mlill!~I~ill'! 1,,"Y~Y;~ 4-7-09 (c) Licensee shall also indemnify and 'hold Licensor and/or Tank. Owner hannless from any losses, liabilities, claims, demands or causes of action for property damage nal injuries, " ent made ' compensatio 1 ' d~~lllllllilli b fits It' fr oyee s lsa ene mg 0 es, losses, h'~U~VIII' s of action ay from emissions from Licensee's Equipment or any other hannful effect of Licensee's EqUIpment. 11. Lie or lcensee agree that Li an or Tank Owner shal ay be liable for the loss of use or other damage of any nature arising out of the loss, destruction or age to the Site or to Lie ee's Equipment located ther n by condemnation, fire, 'on, windst ther cas ies, In thel. ;illlllllllll~ e or any p ,~ or destr any other 'c wner may elect ,Ulld, or restore e same conditio immediately prior to such casualty, In such event, the payments required herein shall cease as of the date of such casualty until the Site, in Licensor's opinion, is restored to a useable 'on for Lic", . , " ,IF, "the Tank repair, re lac 'ld th ..;l111,111,111; 1 h "'tt 1 e T ' ance t ng wn llation to Li my (30) day If this A canceled, the payments required herein shall terminate as of the date of such casualty, Licensor and/or Tank. Owner shall not be responsible or liable to Licensee for any loss, or expeI1~.e ,,th, ioned by, thr . ction with~ an ' '--, ,PIlI" ns of oill m' ts occup part of ". ent to or c 11m e Tank, or condemnation, destriiction or damage to the T , the Equipment Shelter or Licensee's Equipment Shelter, if any, Licensee shall not be responsible or liable to Licensor/Tank. for any damage orexRe t may be occasi ts or omissio illlllli!llllilMillll!iilllll~[!II0~!, llllll' 1111 !' S or ten In ill event Licensor receives noti cation of any condemnation p ee ings affecting the Property, Licensor will provide notice of the proceeding to Licensee, If a "ng authority takes e Property, or a orti cient, in Licensee sole , ation, t unsuitabl eement ' mii~nn~ii;!n I',~n ~Il"! e date ofti 'ng au 11 '~ '~ "~,"~ ,,=,,~." ';~"~r""%=" i!~mlli~lllV!U!UUl~l'l' (a) Licensee shall maintain in full force during the term of this Agreement the mg msurance: 'Liability ,~ prescribed by applica e law, including insurancecovering liability under the Longshoremen's and Harbor Workers' Act Jones Act, ifap , ance (Bodil Property Damage; me uding blanket contra and completed operations coverage), the limits of liability of which sh~,',!~1~9t be less than $1,000,0 h occurrence and in the :111!11~111!1!1!1111,!~r,~ , 1 d' d m respe c u mg one occ 0 each oc '" . . m the aggregate in r 0 amage to property ahSIhg"mfm anyone occurrence, and umbrella policy of not less than $5,000,000 each occurrence and in the aggregate, 13. Owner reserve the ri , transfer, mortga e or the prop ank is 10 " transfer, e encumb mterest in the Agreemen , Icensee agrees, upon , to execute and deliver i or and/or Tank Owner such further instruments subordinating this Agreement in connection , any debt or financing transac 'on of Licensor and/or Tank Owner as may be required by (b shall pr 11 receive (30) days or to any , material chart coverage under such insurance policies, The insurance specified in Section 12(a)(ii) above shall contain a waiver of subrogation by Licensee against Licensor and Tank Owner and shall the nam~J:~i wner as shall pro0d , ,:~IIIIIII!IIIrr ,~\ ce IS pn espect to tam a s Ity endorsem 'sh to Li of insurance that the insurance coverage as specified herein is in full force and effect. Insurance certificate must be submitted by Licensee to Licensor upon execution of this Agreement. forego. ptcy,or fa nsurance compance for Licen'JlllOUU failure of any such mSUfance company to pay claims as they accrue, shall not be held to waive any of the provisions of this Agreement or relieve Licensee from any obligations under , eement. 12 ;~~-~; :: : "'i ~ ~=:11T:::$i0>" :~1 "..."C.CCd=". '" sor and/or T " respective . er agrees and deliver to any lender of Licensor and/or Tank Owner an estoppel certificate containing sucl1 information as may be reasonably requested by such lender. ign, subl " . ", " t (includi ,~illl!II!I'ill'!I~IIII"!lII:ill , " tmg of shared , or'utIhzmg dIgital 0 others) without the prior written consent of Licensor, Notwithstanding the foregoing and so long as Licensee is not then in default hereunder, Licensee may assign this Agreement with r's prior ' hich con easonabl~@~ ' ned or d following , partners~fffl which contr y or under co Licensee, pro.", new Licensee shall continue to remain liable to Licensor hereunder; (ii) Any corporation or other entity resulting from the merger or consolidation of Licensee; (iii) Any corporation, rship, or oth~ ' hich acquires 'all of th~.l\S r rcent (50~:!" ck of or est in LI-- . ee must as writing all of License Agreement. Lie templates that it may ion, furnish and instal tennas, trahsmission lines, combiners, multicouplers and/or other related Equipment (herein called "Common Antenna Systems" e Site, Provided that C Antenna Systems are ible with t, as reas License =' on, Licen ct its Eq s Comm ems within 0 eighty days n notice containing description of the proposed Common Antenna Systems, After receipt of such notice Licensee may elect to (a) terminate this Agreement, or (b) so connect, or (c) provide Licensor cumentatio11, '~5r~dences on Antenna atively i .'mJ 'gnal em~!llli!llm~ ite and contin Icensee does no eriod, Licens deemed to have elected option (b), If Licensee elects option (a), such termination shall be effective one hundred and eighty (180) days after the date of such notice to Licensor, 14. 'WWW~;i~W!J!JF All notices, demands, requests, or other communications which are required to n, served to the 0 greemen n , and shall epaid, by mail, or 'ght coUrier ery verificati 0 mg addresses other address as may be designated in writing by either party: 13 :-....-.-. - .-:,"'- .,' '.._~,' '\_L_~___';_-- "!~Wlill~II~~!~~ Licensor Notice: Utility Service Communications co., inc ebbie Su . . .. t Site Man ox 1350 ourtney Do Perry, GA 31069 Utility Service CommuDlca .ons co., inc. P.O. Box 1350 a. 31069 Number eeuke - Project 478-988-5260 or 478-396-0843 OR ullivan - 255 or 4 Licensee Lee:al Dent: New Cingular Wireless pes, LLC Le epartment/Real Estate ite #: 02 Name: D Fixed Asset #: 1001 1025 Lenox Park Blvd., NE 5th Floor At GA 30319-5309 14 ---~~- - -~- "^~==,.: <"~.jlmllil)' Licensee Accounts Pavable: New Cingular Wireless PCS, LLC ccounts Paa Site #: Oilll~ lte Name: Da ,,' ,. FixedAsset#: 10019417 12555 Cingular Way tta, GA 3000 l'JWijJm~lllllllj~~\: '"1:^.~~ ~ Licensee Emer2enCY Contact: Pursuant to Section 8 given by , '~~HII!llllilil'), , ." , delIvered on the8ate 0 receIpt (or on the da receIpt IS refused) as sho on the certification of receipt or on the records or manifest of the U .S, Postal Service or such courier s .ce. 16, ore of the following eement: ensee's failure t ees, additional fe- payments set forth herein and such failure continues for ten (10) business days after Licensor provides written notice o Licensee' donment b the Equip portion of the Site upon which the Equipment was installed; ecution of an or otherlJ,Qti ling or 'sdiction, '~I>~,~ ~~ , relating to ency, reorg~atil) relief with respect to Licensee, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution relief with resn ' r Licensee's d , g by L arrangement for the statute; or 15 !~:"~' Utility Service Communications . se Agreem , s failure to of its obliga 0""":%lii this Agreement and such failure continues for thirty (30) days after Licensor gives written notice thereof to Licensee. (b ate this A . ove all personnel or persorim!~'property located at the Site a icensee's sole cost and expense, In the event that Licensor should, as a result of the default in the performance by Licensee of its , tions hereunder" incur an ts or expenses on ' ensee or in co ' 'censee's 0 ,.~ uch sum due to Li:" nal fee her g of an invicensee, (c) At any time or from time to time after the removal of the Licensee's y from the Site pursuant to..,Section 16(b) above, whe not the current term of t . nlllllllllllillllllllll;~i. ted L' . d eemen s . a , Ie e un er n~o icense Lie at the Site, , for the ac-.l lcensor, for such erms which may be r ess than the p would otherwise have constituted the balance of the current term of this Agreement) and on such conditions (which may include concessions or free site fees) and for such uses as or, in Lic~ etion, m ' y collect ~1~11!llli. ts thererr - . ot be resp lable for II I to L' h S' c. c. '1 ~II,IIIIIII!f - c~se lcense ormer t e lte or lor any lal ur ect any payments due upon any such re-licensing, (dlll~l~ as expre ant to the te ent, and/or n censee's fo the Site shall relieve Licensee of Licensee's obligations or liabilities hereunder, all of which shall survive such Default, removal and/or re-licensing. Without limiting the foregoing, icensee's rem Site pursuan ' , n 16, Licens less rem fees and der for then-curren ( e) All of the rights, powers, and remedies of Licensor provided for in this ent or now or ij~~!' , g at la~ or in tute or oth::w' ed to b . ulabve one or mu , powers, or I . , ention or r' or more of. "c ,I 11'1111'11 IN' .' ....~ Agr~ement, shall oe'deemed to be in the exclusI 0 , or a waiver of, any oer rignts, powers, or remedies provided for in this Agreement, or now or hereafter existing at law or in , , or by statute or otherw' .~~The exercise or enforc Licensor of anyone or f such ri em cc 'es shall no eous or 1 rcement b 1 of such r remedie 16 ~'. " =~0' '~-j7. -* ;=;t,,^~"j: !~;~' ~1111!I!U UtililY Service Communications . se Agreem (t) t be deem e perform obligation unless Licensor has failed to perform such obligation within (30) days following Licensor's receipt of written notice of such default from, Licensee; provided, however, that if , or's obligatio ' e than (30) da 'r its perform r shall no efault if i perform period and y prosecute mpletion, 1 personal against, or the po on 0 such taxes attributao to, icensee's Equipment or its improvements, Licensee shall not be obligated to pay real property taxes or other fees and sments attributable to th r the Site, (b) In the event that Licensor determines that the installation or operation of the Equipment is resulting in corrosion or damage to the integrity of the Tank, Licensee shall .rrective a. ., p.se withi ' it beco rrosion oliminate e, If Lie such correcti 'id thirty (30 sor may per necessary corrective action 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 Licensor nsee. 17, 18, (a) Licensee, at its nance of i~. and all appac . '~J and shall for the (c ):~, 5 (e) and S grees that Li ~IW~Wlj have limited access to the Tank for the purpose oflIlstallingLicensee's Equipment, and that during the continuation of this Agreement. Licensee must give notification prior to gaining to the Tank ite, uant to Sectio r Access Noti c . "' - n1 th . ements . ' , y au 0 irect sup, I " itted to e h' ,.lill~II!ll!itd d d th l' d th. ed ere1n, LIcensee un erstan s an agrees at er lcensees an elr onz representatives shall also have limited access to the Site and the Tank for similar purposes, at Licensor shall not be r nsible for the actions of an ch parties, ent will ighting in compli applicable feder , local laws, rules and regulations relating to communications tower/structure lighting, ding, without limitatio Part 17 of the rules and r lations of the Federal 17 '; t :',,') :~~~J i~'i=' lM~I~111 i~~IJ!lJI.l'llu' Ij~I~lllill'iWI'IJ!U1'17 ;"~""Tf~~ unications "FCC"), In ensee receive 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 inwri ' , te with Licen " uch noncom lianc 19. RF Emissions Comuliance (a) 'th all applica . ~ ~ latIOns - ell as ap regulation I or state a t not limit having jurisdiction over e installation, operations, mamtenance and/or working conditions involving RF emissions and/or safety and work standards performed on or near unication towers Sites, Licensee a e solely responsib 'ance wi d other g , ents with t~~i ~oo~er "ce~~~ ~~~ the Site, iicense~IJI!ili1 Imm~i~te1y remedy its ns to comply with such aws, rules and regulations as they apply to its operations and/or the operations of all tenants and users t n in the aggregate at the ' '1~llll, take any to cooper comply individua e aggregate with al lea e FCC and other governmental RF emissions standards, In this respect, Licensee agrees to pay to Licensor its pro rata share of 1:l:!e cost of any engineering studies performed at the request Licensorati ":irlllill'lli1li!Cf, the meas . 'ons and ~- ance Pert.l~the develd ite specifi e expense for ~ftBI~', to a Site saD y antenna modI additions shall be borne by the party or parties responsible for such changes or additions, 20. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE CIATED WI OR SITE. CEPTS TH i ITE "AS1Ie' 18 7~.. !~~..~"-~<<. !!illI~W~'Y,Y~lliY'" '~im~~m1II~u YJlm~~I!flU'!!lli~Ul~!n ;~1!~/" '~- Licensor/Tank: Owner waives any and all lien rights it may have, statutory or 'se, concerIlin' ommunicatio' y portiontb, e's Co !;llllmr, , ' ,shall be rty for p .~ imll!III!:lhlilllillll:III!II~ti:' , , greement. '1 sents to LIcensee's a or any pOrtIO Licensee's ground Equipment from time to time in Licensee's sole discretion with prior notification to Licensor, 22, (a) This Agreement shall not be modified, extended or terminated (other than d License~~ stitute a wm~ 'sion of this ( c) No modification of this Agreement of Licensee's space at the SIte or any part thereof or of any interest therein by Licensee shall be valid or effective unless agreed to ccepted in writ" b' and no act by 've or agent of' r , an such a d accept acceptarf (d) IS greement embodies the Ire greement between the . es and supersedes all prior or contemporaneous Agreements between the parties with regard to the s 'ct matter hereof, If an ' 'on herein is invalid, it nsidered deleted from eement the remai ' Agreeme (e) eenient may be execu i ounterpart copies, eacH w Ich shall be deemed an original, but all of which together shall constitute a single instrument. (g) This Agreement shall be governed by and construed in accordance with the laws of the State in which the Site is located, L' '!II~mr~j , Icensee 1>'8 '!lllll" wI edges tha: not and shall time any real interest or estate of any kind or extent whatsoever in the Site by virtue of this Agreement or 19 :j~/ k~ ;,-"-~;;:~~" IJWltJ!jijll,II''''I~~~U'I' Utility Service Communications . se Agreement 4-7-09 see's use 0 ereto. Noed shall be constituting a partnership, joint venture or agency between Licensor and Licensee, G) Licensor warrants, represents and agrees that neither the Licensor, nor e best of Licensor's know any third party has used ted, stored or dis osed . hazardou der the pr cank is loc Licensor' Remainder of page left blank intentionally 20 i,.~~,' ~!lilll~ijl~@@'W Utility Service Communications . se Agreeffient ~~~1~ 4-7-09 F, the undersigned have executed this Agreement. ICENSE. . ew Cingu By: AT&T Its: Manager 21 ; ; :;---- ~ 1j~~mrllljVlUllUl!~' Tank Owner: ddress: J~~~r~~I~ or's ProJ nsee: Licensee I.D. No.: 026-001 ansmitter ake: Erics Model: 3206 Power Output: 45 dBm ERP: 706.32 watts . Receiver(s): 0 Make: Ericsson Model: 3206 (s): Twelv Make: Andrew Model: ETMI90G-12UB 7. Antenna(s): Four (4) ke: RFS .~ del: AXEc~. 22 Licensee has t e right to add two (2) additiona antenna to be mounted on the extra post that is to be . tailed on the tank the initial installation. l!~!~~lmi@~~!!~1 Utility Service Communications . ense Agreem ntenna(s): Make: Katbrein Model: 742-215 ensions: 51. " e: Panel Future Reserved Antennas ntenna(s): Two (2) ke: RFS del: AXE 'I ' , '111111",111 Dimensions: 6 ',." Type: Panel U(s): Thre ake: Kathrei Model: 860-10025 Dimensions:7.6" x 2.3" x 1.9" / 1.161bs ber and Size ne (1) 3/8" cabl 9. Transmission e(s): Thirteen (13) Make: CI{ 50 1873 PE lor: M'HITE ~!'!"""""'~; : 1 5/8" " , e Type & Size: "' t~~;: tenna'mo--' (attach s 23 4-7-09 ! "'<2=:.,..,.,./.;f/ i"~**..~J-,~t Utility Service Communications . se Agreement (a) Remo ,= censees existing equ , Installin antennas'" to he mounted on the existing balcony at the 80 foot level, giving Licensee a total of seven (7) antennas on the balcony, Licensee must install two addition' and same antenn their'rml'ill"i' all ante five tion subje~vc,~ and approva y Licensor, Licensor mus be notified prior to Licensee installing any additional equipment at this site, (b) Alph Beta Gamma (c) 24 ~ ;~_~~~.d.' Exhibit B 1. AU2usta Geor2ia 3. Coordinates: LT: 330 - 28' - 25.46" by LN: 820 - 02' - 04.17" eight: 6. Site Plan - Sketch attached 25 ~~7 -'"_. _~~' .- "-~>>t."*"\F>>- f:: i'l1~~mlll~I!I!~; , , 1'liJlI~IIII~lmll~~~' municati(}ns t Agreement f~illIIJ!I!m@W1ll': ',,::..,.. ........./. ction with the peifarmance o~ thi "ssociated w' overhead expenses incurred in co ,ch licensee ,. upkeep of To properly perform its dutles, the Company shall have authon to take appl'Opriate actions to brio a out efficient operation and maintenance of antenna licensing on the Tank. The Company shall have the exclusive authority to enter into rrmlti-)iear license agreements for the use of antenna mounting and equipment shelter space, " y shall be Tesponsible for its ow he Compan e responsibl T e Company and any antenn tion. theCa equipment, hardware, stmc affect the site fee due the tank owner nt shaIr bind a ing,with :,myliabiHty j representatives indemnify ent, This agreement maybe modified only by addendum which is signed by both parties, It ,is agreed that future environmentaL health, safety? or other governmental regulations which cause significant changes to the management of antenna co- la I be ju-stcause for agreement. :ficient title s and have The OWner may terminate this agreement if the Company violates one or more, of its terms and such violation result in , 'menl to the Owner. If the OWl e 'eemsihat the Company has violat uch terms, then it shall give writt ing the de mpany thi . efault, If 'urethe de of receipt y terminat ay terminate t er one hundred en notice to th term of this agreement shall e ten [10] years. At the expiration the initial term, this agreement wi extended for the remaining term of any al1tenna licen agreement(s). NO- I<NNI< It,.!)".u.' "'j,~?jC~L'~ :' !~';;S";;:;:~?;'"' WIRELESS COl\1MUNICATIONS MANAGEMENT AGREEMEN CUSTOMER NAME: SS:276 Geor1!etown Tank TANK ADDRESS: Deans Bridge Rd. & Kiplinf! Dr. Tank Y, STATE ZIP: AU2usta. GA 30901 Richmond County . ITY:500 000 ErtW1fted:~i~-"i~ ~:: : . ~,/:,.,=~: "; INATES: TANK # AND TYPE:.Berckman Rd. Tank TANK ADDRESS: Washinldon Rd~ & Berckman Rd. TATEZIJ,>:;;Auf!llsta. ~C1I91)1 Richmoll(LC_~r .,=.."" ITY:500 mm'Bf~tl!il:~r~:~',.:~ " :=:; l~'~: I'NATES' t"~,'~ ~;.{-~;:;"; ~lJ N L on:~~, 49,S'~~5' W . U:U:~T:L'~)" '" ,; " , ,~u~" ,;;q:""" ,< "',''""~ , ' " "^,,"'''''''''' I Owner hereby agrees to add the tlmk(s) listed above to the Wireless Communications Management Agreement. t signed t ' NO- RNNR 03-03.03 ~'~W' illillillil!fIYW!Y!lJl!" ~:.~,- ..~(:W :~;''';;~'''0~ " i~i ~-\~ -.-~~~:. . .i~0? ~,~ W OWNER . cations Mkagement A l' 1, 2006 it UTILITY SERVICE COMM{TNICATIONSco., ine Ii .~ Name and Title (print) {il1j-Vtl~: Debbie Sullivan, Vice President Site Management Name and Title (print) ~-'- "*i~*t;;~ '"~lIj~mlij~I~lljl!~' ';~--~,' "-~'" LESS E A, Pa TANK LIST TANK # AND TYPE: Old Wavnesboro Rd. Tank TANK ADDRESS: Old Wavnesboro Rd. TATKZI~AimdSta.CIIAl..Dgnl RichmonlkC_~, !,i i~' TY: 500.0IID:~gaR~'-:~i=i:;=~! 1 l' ;~l :', ! "~ INATES:~!t"_.'04~'fwEflN LOIi_~~~~8'l.rW t signed t OWNER UTILITY SERVICE COMMUNICATIONS co., inc Debbie Sullivan, Vice President Site Management Name and Title (print) NO - RNNR 03-03-03 Request Identification Number and Certification '.. ~~;Vl5. 't~",,-,".: ;~:~;L Utility Service Communications ... 'cense Agreement 4-7-09 List and attach copies of all licenses and permits, Phase I, Phase II, NEP A, SHPO . gs pertinent . current insur . DO 26 \~] )\ _~"~",,,Jt; '!!lu~~~~luw~r' i!Dj~llJwmm@!D: .,.,~~_.' Utility Service Communications co., inc. (USCCI) ctural Re Gross Analysisi~DIJ~I~itfr'~'calculations, of t entire structure usi loads appropriate for the geographical area per the latest AWWA code requirements. The analysis must show the actual versus allowable ses for the s, wind ro 0 nd struts, ion, 10 d be e ntenna ment pOl. Summary page must include: 1. 2, coax, 3, 4, 5, 6, 7, ntenna and Win load used (MPH). Diameter of Tank bowl and balcony, Total Tank height, Bale 1. 2, All drawings must be Site specific. If USCCI Project Manger has made site drawin of site (no S ntact, 4- r Power Si odate utility Coax may be required to be buried by USCCI Project Manager and/or Tank Owner. Coax must b ed on the Ta eption: 1s nsee coa of cluster install on outside of same bracket, location will allow, Tank height, RAD center height, p r' locatin d must be cur ntenna locations on Only full sealed welding is on plans. All 4 to 3, 4, 5, ide) face uld not d in th nd/ or 3rd Lx '-!Ijj;,j!WiI "' if ground EquIpment 6. 7, be on 8, 9. must be indicated 10. over the Tank 10 to match e painted to ma may be required to use of coax not allowed, 11, 12, 13, s"~ Cor-I;'-a:l' Licensee Painting colored coax to match Tank, DO 27 ;;=C0 ' =", " ,=' '~,~,...<0'"'' ~~ ..M........ i~J"~ posts must be marked , etc., indicating post Licensee will be using and the orientation of the antenna's, Post #1 to align with True North, (No skipping of ctor) 15. T ' nstalle 16. Li quired t com n ry gate. If denoted on the drawings. 17, Signature box must be included on the title sheet. Signatur 'nclude: ,roject M e Projec 18, The Tank to 10' , 19. Licensed Ground area must be in concrete not gravel, due to ground maint~nance problems, 20 ,L' dge mus p ss growt ~;~ Installation mus ollow Installation andards along with any site-specific requirements and/or requirements. lation ion prio ontractor) . US.cCI proj ect Manager will Tank Owner" partie e drawing AWWA make every effort 'sition contact, e subrni e first t meet at the Tank Site Manager and This w Make sure all involved parties are issued these requirements as well as Installation Standards in License Agreement, have an uke, US , Or, DebJj 800-679-7819 or se conta at 1- Vice DO OVAL 28 ~~:\~... t~~? Utility Service Communications 'cense Agreem 4-7-09 Utility Service Communications co., inc. (USCCI) Installation Standards for Antennas and Related C nication E~' m n Introduc 1.1 The various communication companies have been installing antennas and related communication Equipment on Tanks for a number of but more re t frequency c9J!lI? these as in di~; types typicall uti potenti the str integri ty of the Tank facility and several adverse effects on the maintenance of the structure and its coating systems. Major Tank manufactures torically avoided p ngineeri inst~ll as ard to t ent, 1.2 for Licensee, their managers, installation urpose of this standard Provide a general guide consultants, site construction .0 nd their cr le stni iance wi In place during t facili ty, Ensure current operational P tenance acce 4, 5, standards, and atta AWWA co amendments and or commentaries. 1.3 revious L equired to furnish and with USCCI standard design and Rail Requirements with a locking 1.4 An on ant a installations will a corral in accordance meeting the OSHA 1926-502 ga 1.5 At col coax possible, e of c . electricia contractors that have received USCCI approval commencing any installation work, Such approval DO 29 ; "~ ~'"- ~l"~:" !~~@!li ~Jlll~~~~li\" Utility Service Communications e Agreem~" s --, compl Qu age alon of installations~ be in accordance with an installation plan. USCCI, have the supervise E ,'IIITII!III!! 'cates 0 US ler, 4-7-09 CI Con~!lijl~!; of phot lnstallation work aI USCCI previously approved its sole discretion, shall of any an be reqt! 2,2 All approved of conforming standards, UScCS::; installers shall have demonstrated capability to established manufacturer's installation well as any special ards imposed by shall a ne 2,3 . . rtified welder per AWS D1.1 All lTlstallers will have a performing any welding, 2,4 I have 3,0 Health and Safety: 3.7 3.1 i s 3,2 Any access to the interior of the Tank is not permitted unless the Tank is emptied, taken out of service and isolated from the water supply system, 3,3 e taken the Tan If contaminatlon occurs C652) ~.;;. contami~ y be con disinfect the 3,4 in proce 3,5 will not with anyone. not be 3.6 The coating materials. environment, b shall be checked hazardous materials water supply and cont for hazardous are found, the personnel shall cordanc DO 30 ~"~'; ~0 "~"~,,,,,i/ 11 pro install accordance with 3,9 any ladder structures, in 3.10 c standards, 3.11 General 4.1 attachments shall not be used, temperat onally, to es from t th structure due temperature and subsequently Epoxy compounds can 140 de an be su /contract in the art\b~ failure, 4 ,2 not be used, installed he inte em in t stick w tion, th studs water seepa corrosion from trapped water and moisture, Proper coating procedures cannot be used on the Tank surfaces that have ttachments bolted to 4 . 3 tha t ar cl.al expert the possibili y of structural damage to the structure, Consideration should be given to reducing the Tank water level whenever openings the sup e per profes d soluti 4.4 Older Tanks inspection thickI1e s Co pr requirements, are prone to hidden of all components, nts are recpmm h rela should ructural eng corrosion. including 4.5 ould be during les sha ena contracto the cable runs. C aining handrails is not allowed, ocated to and rec m the his work or strapping to tower Cable runs should be DO 31 Utility Service Communications 4-7-09 .. icense A~~c:m rou" mi ze ac ri uting up sho orlentated toward en er of the Tank inside face of the leg, typically between the struts and riser rods, 71~@I~~lj!II!~~I'! ',U!ljlIWmWWII~~ ~ ~,~~:;~. 4,6 c ca cluster e hinge supporti s route the brackets, 4.7 shall be om the pproved 4,8 runs shall have a minim 0 logos. The coax run on the Tank painted to match the Tank. 4'-0" clearance from bowl shall be shrouded 4,9 4.10 If new antennas obstruction meet b are installed may need Loc ctly, the top of the Tank, FAA led or raise riction 4,11 Many components common to the communications industry are designed for easy shipping, When bolted together, back to back componen s~ should be seal wel 0 prevent future c streaki 4,12 Wh supp rt pedestal, of high and condensations should be considered adequately protected or waterproofed. 4,13 I nts sh outing, 4,14 Penetrations shall be designed in accordance with AWWA section 3.13. 4,15 s shall ations, 4.16 Ground bars and structure. be utili leads shall not be installed on any part of Full seal welded coax and antenna standoffs for mounting ground bars nd leads, 4,17 DO 32 Utility Service Communications nse Agreement 4.18 Al 11WI@~I!~I~~~~~~!~ ~;~ local, any app and NEe code will apply. as EIA, 11 comp ements. s andards, appll TIA and AWWA, Standards 5,1 All welding shall be in accordance with AWWA 0100 Section Welding and ection 11, Inspection and Testing, This s to be rdance w' 4.19 Welding: 5,2 All Ids to the Tank surfacshall be made with E701 hydrogen rod and shall be smooth and free of burs undercuts. Unacceptable welds shall be repaired as WWA 0100 temperat weather w are followed, 5,3 No e done bel egrees Fahrenheit requirements of AWWA 0100, Section 5,4 5,5 k or access The wat 2 feet 5,6 ized components shall Tank surface. Galvanized structure must be ground weldin t be welded directly to the surfaces mating to the Tank free of galvanizing prior to d e reached or pun circumstance since moisture will accumulate leg and eventually cause serious structure 5,7 Tu her under any inside the damage. 6,1 Welding may the weld. repaired p a com recommended to evaluate weld 6 inch~ profe that cause blistering of the interior paint opposite Damaged interior paint surfaces shall be ner that is compatibl with the existing terior 1 be r the an , and sh the exis stem. a one-year anniversary inspection be made quali ty of the touchup and repainting if DO 33 OVAL ~! :.~~;: ~t"IIIIII~!~WJ~~' IlmWII~;JJW1UWlli~!'; Utility Service Communications nse Agreem~ re- pr 4-7-09 r prope 6,2 All painting and surface preparation shall be in compliance with SSPC and NACE regulations. 6,3 irst Riir Tanks t ce Company, mpany the int maintained b 7.0 Electrical: 7,4 7.5 7,6 7.1 . ork sha Any n ical or e located on the s~ 7,2 shall comply with all requiremen nt stan lA, TlA a applicable bsence BOCA adhered local, 7,3 All RF Equipment and transmission FCC type accepted for the radio proposed i . .cense Agreement lines installed shall be service and frequencies ed exhibits, ines sh to towe ap-in hange stainless adapters (Andrew 31768A or approved equal) Cable ties are not permitted, is Equipmen cabinet 10'-0" from shelter 7.7 (6) gang icensee 8,1 All transmission lines shall be tagged and bottom run near id contai ' s nam ~e ,C or I the fr ass _e tags wit are pref Plastic tags with vinyl labels or indelible ink markings are acceptable, Licensee's name, site name, site LD., si te address, ontact for the licensee hone number and t t be po 8,2 responsibl all regulatory requi r signage DO 34 Utility Service Communications "cense Agreement 8.3 E~' only b p by Th Manage locations for installation of transmission lines and antennas. If propo~e in tion cannot conform the ,,1,' Manager frllllllllllllr: '~ 4-7-09 locati~!J1I}j Communi esignate the electric Equipment, for any reason the se instruction ed prio 8.4 All installed Equipment shal be in sui table EIA approved enclosures or Equipment racks, All enclosure doors and covers shall remain closed and locked at all t" actual ng, 8,5 ion will ical, el ec ronic interference to ot er Licensee RF Equ other associated Licensee Equipment or any Licensor Equipment located in the Equipment shelter, tower structure or a n the site, 8,6 8,7 Ice bridges with concr p o maximum of 16" above grade ound maintenance e to al 9.0 Inspections & Approvals: 9,1 plans' or Tank USCCI shall be 9.2 rovided w approval, (See" 9,3 shall be all drawings for c (See and 9,4 be (P, 0.) and/or schedule date be corn I y 0 the Purchase Notice to Proceed (NTP) and a tentative of when exterior and interior touch up will 9,5 charts, waivers rovide a or to acce supply as a minimum, copies of permits and as-built subcontract s and vendors, a t the This photographs, sweep drawings and lien 9.6 DO 35 l~W@~@~l\ Utility Service Communications . cense Agreement ~:~:t If you h regardi contact: Lee Duke, USCCI Project Manager at: 1-478-988-5260 Cell: 1-478- 396-0843 OR Debbie Sullivan, V'c sident Cell: 1 i "'i"""ilifi' 36