HomeMy WebLinkAboutLEASE TERMINATION AGREEMENT 120 LAKE ELLIS RD CINGULAR/ UTILITY SERVICES CO/AT&T
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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:
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The
hereby re
terminated in its entirety and the Leased term therebytlemised is hereby brought to an end effective at
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LANDLORD agrees that simultaneously with the execution of this Agreement that TENANT
ute and ent
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"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
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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
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IN
Agreement as of the day and year first above written.
ES:
COUNTY OF
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Augusta Georgia
. sion Ex .
Public, Co
My Commission
(SEAL)
,,001 / FA
e Ellis Rd, Augusta,
New Cingular Wireless PCS, LLC
ACKNOWLEDGEMENT
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xhibit
Attach copy of Co-Location Option and Lease Agreement
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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.
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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.
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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
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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
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, does not use any adClitional
Tower capacity and complies with all the other terms of this Agreement (Le., interference.)
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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 " .
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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
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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.
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TENA~T, at its sole cost and expense, shall
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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.
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~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,
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approaches thereto, arising 9141 9f or in oonnectioR with Sl:.Ich party's uso or occupancy of
the TO'lIer :lAd the Leases Premises.
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. .'. . .... 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
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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,
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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. -
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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)
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greemen
ed, interpret regulated
Leased Premises and the Tower are located,
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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
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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.
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IN WITNESS WHEREOF. the parties hereto have set their hands and affixed
their respective seals the day and ear written below.
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IAL SEAL)
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ealed an
ayof
199 L, in the presence ot:
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~ ~ ..- My.c~nJSSion ~pires December 7 1999
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TENANT
TDI, INC" a Georgia corporation
By:
Attest:
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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,
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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
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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:
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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.
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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
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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
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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
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The title of Section 13 is' now amended to read as follows:
with the followmg language:
TENAN~~8tee~ t .
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loss, s to or dea
damages,'liability, loss and claims to the eased Premises, of
appurtenances or approaches thereto, ~sing out of or in
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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
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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:
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~. 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.
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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
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Licensee Site: 026-001 /FA# 10019417
xhibit
Attach copy of the Assignment Agreement
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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
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JJmW~~'!IWWIIJI)!Ul'
Licensee Site: 026-001 /FA# 10019417
Attach copy of Amendment
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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
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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
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)
:!TNESS
ITNESS m
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Site Name: Daniel Field
Site Number: 026-001
4
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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
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c copy of
~~~;
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'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
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~@~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
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'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