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HomeMy WebLinkAboutLICENSE TERMINATION AGREEMENT 3705 FAIRINGTON RD CINGULAR/UTILITY SERVICES CO/AT&T 1) ill' 3705 . made into as of this 1st day of May, 2009, by and between Augusta Georgia hereinafter referred to as merger t hereinafter referred to as "Licensee". NESS . ensor, entered iiito a Co-J."ocation License Agreement r referred ''License''); and ,2003 ac NOW, other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, -1- . ts entirety at the signing of this Agreement. ,;'WC""~'t,'i~ ,_~~ 'i-,) 7 -2- execute and enter into that certain License Agreement (as Licensee), attached hereto as Exhibit "B", :.:3- andallc each party has or may have against the other arising out of or r~sulting from the License. -4- this Agreement have the full and complete authority to do so and each party agrees to indemnify the -5- same. .~ IN icensor of the day and year first above written. Augusta Georgia COUNTYOF A~ ) of (SEAL) " ~ " ACKNOWLEDGEMENT LICENS New Cingular Wireless PCS, LLC ,-, , \ ~ ""'''''''''''', ;;,~,;~:~,~, ~.~".~i "";i"''''';'''~ ~;==,' Uf "ty Service Communications nse Agreem 4-7-09 Owner: Location a GeorgOc airington Hephzibah GA. 30815 'J sor Project . N 1~li!lk see am., This non-exc USlVe LICENSE AGREEME T (the "Agreement") is ma t IS day of , 2009 by and between Utility Service Communications co., inc, a Georgia ration, whose ~1!siness;i~~ is P.O. Box 1350 535 0 ey Hodges Blvd., Perr a 31 069 ilie'lll~~111 .I111:1!I!,,1 the "Lic ") and ss pes, L""illilllI' Ited liabilit tes and su ?--~- -- --, elect to participate ose usiness address is 12 ar Way, Alpharetta, ~ (herein referred to as the "Licensee"). WHEREAS, Licensor has entered into an exclusive Wireless Communications ement A~~I~ !11!,'~~~,ement Agree ~ of th~~~ Owner")mI6It B attach LIcensor . that A e icertsin A eeni 0 the lacem . . gr ;'1I11\'d!I~~17. _ g gr 1!YlUWlt: . . p . communIcatlons EqUIpment and related enclosures In or about the SIte (as suc term IS hereinafter defined) and upon the Water Tank (as such term is hereinafter defined) and within . enclosures and bu' d' e Site; and wherea 'es hereto have III . .;~ .' . . .~~mll~~I\ to thIS Lr . bJect to a ndItlons Ii -'_~i- "'l~~@@~~~~~~[!!i ~:::==.- NOW TH , ideration of, e timely, faith performance of all of Licensee's obligations hereinafter set forth, Licensor does hereby grant to Licensee a license as follows: Subject to the terms and conditions of this License Agreement ("Agreement"), Licensor hereby grants permission to Licensee to install, maintain and operate the radio nications i~ . . (~I("'- .~ ent") des" on ExhibitA! I on the wa~ ~l ferred to 3705 Fai'"I!.!!I!1 ibah, GA 3 :J~ - 22' - 52.44" , - 28.26") (' and Tank are described in greater detail on Exhibit B attached hereto). The,!,E\nnrrt1r~IT!tt1r ank ("E yml!M~ ~I'H d q lil!,Bllillllil 'i!ttilili,1If . I t th S covenants an agrees Ulat It WI not construc ements a e 1 ou Licensor's prior written approval. No outside storage of any kind at the Site is permitted by this Agreement without the prior written consent of the Licensor. 2. (c) This Agreement may be terminated by the Licensee upon sixty (60) day n notice if the Tank and the Site has become un .e to Licensee due to: (i) cted mat . Licensee' or Site r s of a third.of God or ces beyon f60th Licensee 2 (d) .. s may be termin Licensee 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 regylar . would be4ue .. und' the rem' . .1Jl:jr~: '1IIIflll'. hili illl'~~II!III!lliI!i' .. eement If; t been t .... s sectlo (e) This Agreement may be terminated by either party upon default (other than a payment default) of any covenant or term hereof by the other party which default is not 1IIIIiilrr,within thirty t~?1~2:~~~~ c;eipt of ~tt' ult (~~thout, . ~ any oth . '.!ti the partI rovIsIons ee is in de .~.~~: ':/[cl ayment ob and fails t default within ten'trO) business days after Licensee receives written notice thereof from Licensor, Licensor may terminate this Agreement and thereafter pursue any and all rights and ies that Licensor ma ha eunder or at law or in . ;: >~i ''':, ".."...:.. '*"""'V" i'lum~~~mll~li 3. '~~:- =;p' pay Licensor a monthl of Two Thousand Five Site Fee" of the In' . very month. Sli ~ec eI>76vr!io:~~:~~~~i , e Sit~ ;Z~:ne ~i'~!lII!I!I~ charges for the furnishing of electricity to Licensee with the first payment due coinciding with the commencement date. ~ . .1lI111111~;i ement dunn mtlal Term emits), the then curren 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) the Site Fee ee hereund shall pay to Licensor upon execution and delivery of this Agreement a one time non- refundable Administrative Fee in the amount of One Thousand ($1.000.00) Dollars. ditional tee e and paid f a deman from the Licensor, a t at Licensee shall pay an a ditlonal charge of five percen (5%) of the monthly fee for each payment made more then ten (10) days after due date. Licensee nts Payable Notice ad<lx~es forth in Section 15. ~i ing, but no t e monthly Site Fe 'Fa~~drillnistrative Fee pay' pursuant to Section 3(d) h , all be payable and delivered to Licensor Accounts Receivable Notice address set forth in S .on 15, or to such other addr as Licensor shall design . To enable proper crediting llll ~J.I.rr! TARYIN ., ~E~OR RE-DISTRII'.:.',',I< 3 ~~l ;, " "'I~mijlijlj~WWW' '0 Icensee pa Number and Site I.D. Number on identification number is 58-2587465. 4. '--,:~=;~ ess, Licenso to Licensor. Licensor's federal tax 5. Installation. Maintenance. and Operatine: Procedures The Site shall be provided in "AS IS" condition by Licensor. Licensee has and inspected cepts the physi eof and aclm represen~;' have be by Licen 1 Ion of the SI m '~1'B.nk, as the c e Equipmen as to any engineenng data. Licensee is responsI e for determining all aspects as to the acceptability, accuracy and adequacy of the Site for Licensee's use. Licensor shall have no . ation to obtain lic 0 icensee, or to . . . e operate or s e's Equip Equipme gulations tate, or Federaf'lfautli n y aving jurisdiction pect ereto (includi u limitation, the rules and regulations of the Federal Communications eommission ("Fee"), the Federal Aviation Administration ("FAA") and the Occu}?ational Safety and Health 'stration e'.D.. :"'iI~ns.'m..'mil!l~."li'i.'.'ir..shall attach.. .,xhibitl~ 's A eement co Ie . ~11111111!"II'.~:II!II'!!II!!'~!111111111i' :11111 . w: opera~ml lll''''lli:I&~ij~i~s~s of ~ther 11 hlCh It h ment to thIS A . Pnot to the mstallatt Ipment, or any mIca Ion 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 conditio ' ee shall sub icensor No set forth in. Section 15, all plans for such installations, modifications or changes for Licensor's approval, which I shall not be . thheld or dela' assure Li~~ In' ith the I eement, th cations fo Equipment and any mo. ifications thereto shall be su mitted to Licensor for review and approval. connection![!' d'fi t' i~iIII!:II~ 1 caIon,an of Licensee's Equipm t s a I be performed at Lice cost and expense either by contractors approved by Licensor, a proval shall not to be unr bly withheld or delayed. 4 :",~^i^~: '"~~!I~M~I~J~ur "'~~~~lJlljIJill~" ;^::~:~--;/ ee shall on ined tec authorized personnel to work on its Equipment located at the Site and such technicians and authorized personnel will e such work Q with appl" d other les and .'1!:!llllill!!' . .. ' . mc1 mg all laws, ,~ atlons mvo,~ frequency (RF) radiation emission and/or safety work standards for work performed on or near communications ~o.w~~'i1,Tanks and. ant icensee shall ~~'C~ on of its .:~~ oregoing as similar all technic! . '. 1l!'!II!.: ServIce people contra ed by It to work on the SIte. Such certification of compliance is to be provided at the time 4esignation of a contractor is to the Licensor b the ~;III,I!lll,~IIIII"'"I'I~I!WI;!IIIIII~/', II ..' . Ti.'~ .uIcense~ as we a;~h Ime as LIce jll!I!II!:!I.II.ri!lll!i!!I!ll!jiltll'!llli~~lL .~I~lllllli PflUes .11.' Icensee s . ctors as a !Ii;;;t. ~'~~j 11I11 It ' theIr engagement, to ee'lo be bound by provisio d Ical to those set forth in this Agreement, specifically those provisi()ns relating to the indemnification of the Licensor and, ance requ' ein. The actor by t relieve th ffily of its obligatio greement. Wo p that is unsatisfactory to Licensor must be repaired within thirty (30) days of Licensor's delivery of written notice thereof to "jlifi1!n"lIil'ij,lO; .' If Licen~el e, . repairs, a' , 'd 11111111, d ft ' an expen ays a suc 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 add' . under. ork perfo , or its subcontractors, or materialmen pursuant to this Agreement, whether in the ,nature of construction, installation, alteration or the Tank or Si 's Equipmen~ o be for t enefit of'" O~ner SO'llllilJJi ;',~lillLI.I"'. or other 11 allowed agamst the Tank: or SIte and estate of the LIC sor by reason of any consent given by Licensor to Licensee to the Tank or Site. If an ic's or other liens will e be file ite ofw . s a part by performed or furnis , a eged to have been p or furnished, to Licensee or to anyone using the Tank or Site thr u or under Licensee, Licens ill forthwith cause same 5 ',~r i ~'L~""*~*:i;*; (b) m 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 . s of Licensor,~ank"O c ~other existin . ts, Licensor s lute righr l~C~=;~c;. !~~c: "~rova1. . (c) In 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 su,lmb~'r performed in.connec . . this Section 'th th !l~"m' 'ill!"J!!"I!IIII!"'!!~IIII'I!!I:II'I'1 5( ) h . th . tWilled b eL~i~~.I'I.IIII~i~~~n. i,~~ . ath er . agrees d say lCtmSeesuw It m e c ensor an '11!'i!!i~I~ . '"I!,,1I11UIlJU'J~~ . ~ .. .... from such easementnght shall be corrected at rcensee's expense, whIch s shall be immediately due as an additional fee hereunder upon the rendering of an invoice by Licensor censee. olscharged of to the satisfac 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 0 r~eW .ti111111r h Licensor' .' e t e s ount claime e amount Licensor, including reasonable attorney's fees incurred by Licensor, either in defending against such lien or procuring the thQ' or discharg . together wi . 'm" t the st. due and ~" to Licenso hereunder (iv) All Licensee's Equipment shall be clearly marked to Lic e's name, Site name, S. address, and tel !111111!llllli! d the n ontact i c Fee ,11111I: .. output . :ll~u~IJU~; y, " JII!~!~ y, ;~=~~1 location. All coaxia re ating to the EquipmenFs e identified by Licensee's name and frequency at the bottom and ~<:>P f the line. Licensee shall be r s onsible for the proper ''i!"', t the Site uiremen~~, . IT, . ?f11,r;c~, to the Ta equest, LIw,lll, !III! i5ffiiIiptiy deliver to en proof of compl all Federal, State, and local laws, rules and regulations in connection with any installation or modification of the ent. (d) connecti ;finjl . . . .~~~ij~llIIlllllllli!liii mstallatIOn or mo 1 ca IOn 0 the EqUIpment, . s a I have the nght, 1 Its ~sole discretion, to either (i) cancel this Agreement, or (ii) allow Licensee, at Licensee's sole cost 6 l~~WIIWI@mW~l < 'M:-:::-iP expense, to 0 ceo Licensor reasonably cooperate with Licensee in obtaining such variance. (e )....,S 15 "Lic ation R ~~~' of this , eql :'mll!III.I."m.I.'I!IIII!'lIII'~II~ I'. "IIIIII!IIIIIII:' S. . see s emp oy~~ sua. aYe cess to Ite amtenance 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 "LicensoJM,. ation Require ". annot satisfy th~. ~cces ent to tli !- lephonic " . The LidIT"wi'" ,111111111:11~,11111!111111~1111II!1["", ovenants that he Tank wi with one O!UI ~, ;t'~I;UU.\L""" contacts listed in Section 15 "Licensor Access Reqtiirements" to identify: (1) w 0 will be accessing the Tank and (2) why they will be accessing the Tank. In the event that Licensee d require Lice r" ,0 gain access to S.ite. or Tank, Licensee . .. 111111111111. .. e LIcen costs and LIcensor mergency a .0 the Tank bject to th control of, as well :~illlfeasonabi~lsecurity and safet ures established from ti totlIne by Licensor. Licensor may, from time to time, establish reasonable rules relating to the Tank Site. Licensee agrees to C I with such rules. ~f) , ',ljl'!!!'llllllllliii.' anner that wIll mImmIZImpact to the stru 0 the Tank and ItS'!I r and exterior coating. Utility Service eompany 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. Licensor murq~lli~tiR ith a con . er (PO) . d (NTP .lli'III!.II!IIII!I,.. h d '11 b ee 'a" lve sc e u u WI .iillllll!!III"i!'!III!~liiIIIU!~ . . P . llatlOn of ant oaxlali.. cables shall n hazard nor m 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 dra Licensor's requirements described on Exhibit D. (i) A nal inspection must be comp te y a representative of the icensor prior to Licensee being allowed to go on air. Licensee must supply advance notice to . or to perform ins' inspection approval sh e unreasonably withheld yed. 7 'S:--:-. "~r^ ~._r ~~jJJjll~Jl~l~l!\~ (a) The eration of the Licensee's ent shalL,no whatsoev~er...,.. . J~II~liI!lli~ - . ent, facIh and/or ten~ or the operati Notwithst In this Agre contrary, it is expressly understood and agreed that if the installation and/or operation of Licensee's Equipment interferes with: other radi 'iJ1111 encem cooperate fully with an any future license~r ("Future Party") injured by Licensee's interference to remedy t~e illterference. Licensee shall do whatever Licensor deems fea.~Aably necess 'nterferenc~.. .~~I:()~q '~"=:~! _~ . '~II'~!I@~ .,!!III!IIIII"!!!II!ill!ll~ How~Mer that all c ymg such 'JmteFfc ' !:h1~be' the respon uture Party, '~IIIIII'III!"~~~~!lr~n~h interference is due to failure, defects or deficiencies in Licensee's systems, Equipment or installation. cknowled~mml!iti ~~~I~II!i upon the Si installation and operation of radio communications facilities. Licensee accepts this Agreement with this knowledge and waives any and all claims against Licensor resulting r attributable' aused by pre quipment, faci . . s of opera~ Icensor i e Site. 11i'(1;' s all claims sing from in to Licensee Equipment, facilities'or operations employed by any other licensee or tenant of Licensor in its business upon the Site. In the event that any such interference occurs that materially . eres with Licensee' uf' . of the Site, Licen . e remedy, in lieu Q d E . '1!~II~'! 10 comm qUIpmen .. ,.... . th e . A ,;jl!!lll'!III!I~ o e omme IS greemen see shall upon request (verbal or otherwise) immediately suspend its operations (except for intermittent testing) and do whatever . and Licensee r .'1 ! to eliminate 0 ~~IIIII! that the .i~IIII!1!lllllllllmIIIIII111 d L' nSOf' an Icens Licensor, may at its option, terminate this Agreement upon written notice to the Licensee, whereupon the Licensee shall .remoY~c':its Equipment at i t and expense an . '~<="'F=ce with S e event , f~ emove its fteen (15) d termination, Licenso remove and store any a of Licensee's Equipment at Licensee's sole cost and expense; or 8 all other reni. m equity, ma Agreement a thereafter by giving Licensor 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 termin" ffective if L' ch interfer 0) d ' rlllillllllllt''1. t' L'. a s 0 a Ion no IC Icensor . y . . ~l~I!II'IIIIIIII!!lII~~i. . e penod up t. . tlon' of thIS Agre "", i . ce payment after the termination of this Agreement will be reimbUrsed to Licensee. ~)';1L'''':/.~ '!liDj~~~illll!~Y'. ;~i~::.~~"; elocate one or cate said ly change In tn even that Licensor, in its so lOn, determines that an ra modifications or repairs need to be made to any portion of the Site due to the presence of Li see's Equipment or oth~~h!!p.lpvements, Licensor shall nQti Licensee of the needed , J'~~---~" ations or f. - ~ 'ing proc to: (a) a modifications y pnor to Licensee's 1 or modification of the Equipment, then either: (i) Licensee shall, at its sole cost and expense, ,pr ptly make all such noticed modifications in accordance with Section 5 hereof; or (ii) If oticed modificatiQ. mpleted' of such not" . . all have 'it~~.II~IIIIII~'!llllll!l!I!III'" e this Agr other part ,. 'tt dllllllll!I!I,il.t!!. . t' pnor wn en;no 1 ma IOn. . e right to req ank and relocation '7. If repairs are necessary due to the presence of Licensee's Equipment, e elevate provide water stora r the Tank Owner and omers. Licensee unders at Licensor and/or the Tank Owner may find it necessary from time to time to interrupt and/or . ere with Licensee's use of, Site in order to maintain air and monitor the Tank. 8. 9 ~" " sor will m 0 mImmIze suc , d Licensee 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" . greement or ear . .. hereof, License all of th oval shal t to the in Section , without an ge or des . . ..,. .'WIII!~![i~0 other EqUIpment, sfiilctures or operatIons at the SI or any EquIpment or other lIcensees or tenants thereon. Licensee shall submit to the Licensor Notice Address given in Section 15, val plan and cl~anyp Licensor's written a r ich approval shall not to ~11"111!II'..;,FIffi! ""mI! .1 bl .,. I;' I'IH",!'II!",:, An d asona y' y an age caus the Equip sees or ten such remo immediately repal or e iminated by Licensee nsee s sole cost and e Licensee fails to make such repairs within ten (10) days after the occurrence of such damage, or interference, LicensQr ma perform all the necessary rairs, at Licensee's sole cost pense, anms ,h1il ediatel fee hereu . ng of an i~:;;;' 'ir- Licensee. 10. t~, t~, Tank Owne' s' 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 o$er improvements; and (ii) any claims, ds, or cau.~s actio!Jl)ersonal injuries inc . ents made:: s comperl-:j~man of em death beif~~~' ., of Licensee"d c~I1l Site or the enance and 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) Licen ner shall no loss, damage or expense that may be occasioned y, through, or in connection WI any acts or omissions of other licensees or tenants occupying the Site. Licensee hereby assumes the . of the inability to o~at~,,,,i uipment as a result of al or power failures e or the fail :0lic~ Licensee' eason wha see agrees'" . _; old Licen er harml damages and costs defehding any claim or suit a.ges of any kind, includi, not limited, to business interruption and attorneys' fees, asserted against Licensor and/or Tank ner by reason of such failur 10 ;::~:t<'T"T:T7:} (c) Licensee shall also indemnify and hold Licensor and/or Tank Owner harmless from any losses, liabilities, claims, demands or causes of action for property damage al injuri~~~;l .. ent mad ~ompens . oyee's dIsal>11 benefits tmg fro ~1!11!1!II'il!ll!""'~ . ' es, losses, haq,!h s s of actIOn ay from emissions from Licensee's Equipment or any other harmful effect of Licensee's Equipment. Lice sor and Licensee agree that Lic sor and/or Tank Owner shall no way be liable for the loss of use or other damage of any nature arising out of the loss, destruction age to the Site or to 1tc e's Equipment located eon by condemnation, fire, on, windsto r~ ther casu ies. In e or any p ed or destr any other - ...... 'I~. wner may elect 0, , r uild, or restore 1 e same conditiorl', as i as 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 n for Lice~ Rerlil!"'''!! he Tank epair, re 'ld h T;;J!I!I:i!IlIIIFIIIIIIIIIIIIII! I . 1 t e cance mg wntt ancellation to Lic Irty (30) day If this A IS 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, e or expense ~al~~~};"~! asioned by, . ction witqnTIlf '!iWIIIIIU ns of oth .c~~;c ts occup part of dJ I~ent to or c ~' 1 e Tank, or or power",,,, condemnation, destruction or damage to the Tank, the Equipment Shelter or Licensee's Equipment Shelter, if any. Licensee shall not be responsible or liable to Licensor/Tank for any damage"orexR t may be occ. b or omission if!llilTIlilri. i'''"llillll!~ll~IIII'IIIIIII~IIII!!I!TIIr" s or tenan r 11. In the event Licensor receives noti cation of any condemnation proce mgs Licensor will provide notice of the proceeding to Licensee. If a e Property, or a 0 . cient, in Licens.ee ~ole . t bl t .. '. '!~~!l~I!,niW'1I! TIll' SUI a emen ' mgau 11 ~f;~("~";:~l 12. Insurance "~:~."~k" (b) ove msurance shall prOVI Icensor will receive no thirty (30) days written notice prior to any cancellation of, or material change in, the coverage under such insurance p()licies. The insurance specified in Section 12(a)(ii) above ntain a waiye :":I!",lliil'"~~~f!i!~iN'b License.. . Tank Owner . . W . ~ the nametiltlll .. wner as a .. a shall proVIQ ,. . . Wllillllllllllllll!'1! . IliMll.lll"ii . . msurance IS pnmaryil~c Ith respect to a ea contam a stan ar liability endorsement. Licensee shall furnish to Licensor a certificate of insurance confirming that the insurance coverage as specified herein is in full force and effect. Insurance certificate ~ submitte,' i censor uponexe' . eement. (c ) ",S}, e foregoin ements, the bankruptcy, or failure of any insurance company carrying insurance for Licensee, or the failure of ;mY such insurance company to pay claims as they accrue, shall not be held to . any of the pro . eement or reli' any obligatio eement. (a , transfer,@;:'" "ise encum ank is toe ';lIIijiiJj!jt~illl!~!W Licensor reserves en t to assign, transfer, mo age~or otherwise encumber ensor's interest in the Agreement. Licensee agrees, upon demand, to execute and deliver to Licensor r Tank Owner such . truments subordinatin . eement in connection (i) Worker's eompensation and Employers' Liability Insurance as prescribed by applicable law, including insurance covering . under the Lon Harbor Work ones Act, eomprehensive Genera Liability Insurance (Bodily nJury and Property Damage; and including blanket contractual and d operations CQvera e ;~J!JII its of liability of will t ~e less t . ~II i, ,I occ~en ate m respec I." .~, nc1udmg d _~~ .. ,P:. ._~? from anyone occce, and $1,000,000 each occurrence and in the aggregate in respect of damage to property arising from liI!y~g~e occurrence, and urn olicy of not less than ~,~ . . ~ 00 each o~ gregate. 13. Assi2llment 12 any debt or fin c Ion of Licensoer as may be r Licensor and/or Tank Owner or their respective lenders. Licensee further agrees to execute and deliver to any lender of Licensor and/or Tank Owner an estoppel certificate containing . formation as requestedhy (b) . bl ~lllllrlrf i. SI SU .. "11:111111111111111'"1 , ~'. . . . y of Its mterest una J( eement (mc1udm hmI a Ion, dIplexmg granting of shared use rights, or utilizing digital or analog interconnect facilities for itself or others) without the prior written consent of Licensor. Notwithstanding the foregoing and so Licensee.' nQJ~th~.\k"~~ hereunde' . this Agr . r's prior 'f>=_'@=l hich con easonabl . . .' l!III!lllliill!!.,.~!llllli!ml Ihoned or de ay; y~o t e followmg: Ion, partners r~omer entity which controls, is controlled by or under common control with Licensee, provided that new Licensee shall continue to remain liable to Licensor hereunder; (ii) Any corporation or ntity resu . er or consoli!iat' ice I.. . .; (iii) Any . hit' h' h l\llllmhi~.III.WII.III~11 II f th p, or 0 IC acqus a 0 ,ill II111 III' . percent (50<<Y< stock of or , ers terest m L;~: assignee must assume in full and in writing all of the obligations of Licensee under this Agreement. <', .\4:~0:0",::1" ~jl~"i ~' Licensor contemplates that it may at its option, furnish and install antennas, ission lines, combiners . couplers and/or other relatedmE.quipment (herein call Ant S't P . 111111111,1 ilml ! Ant on enna I e. roMI enna . . 1!"!lIill"W 1JIIIIIIIII~; . Ible WIth HI t as reason y LIcense , . . . lllllllllillll'lj111ili '. il~I!IWIIIIIII! dIscretIOn, LIcensee lit! s connect Its EqUIpm 0 Icensor's eomm Systems within one hundred and eighty days of written notice containing a detailed description of the proposed e()IIlIIlOn Antenna Systems. After receipt of such notice e may elect t ~n;tllliate~t1iis Agreem or (c) proyid~ . ~i ~;:~ '.~I!!IIII!I!II!i cumentatlOm... eason Idences t on Ante ; ! 1 negatively im-p.ffi;tieb.~es e ecommunica or signal em ~i!~!ff~Nt this Site aild continue "as is". If Licensee does not respond in said period, Licensee shall be deemed to have elected option (b). If Licensee elects option (a), such termination shall be . ve one hundred' ) days after . ce to Licen 14. 15. Notices s which , Agreemen tmg, and shall ":atl ge prepaid, by . s lfied mail, or overnight courier service with delivery verification, to the following addresses or at such other address as may be designated in writing by either party: 13 ~.,=,' ~ 1!,!lllIJ~lIJ[[lIJ~J~i ~,~.., ,. Utility Service Communications co., inc Attn: Debbie SullivanlVice President Site Management ox 1350 I" . rtn H,II,I u ey erry, GA 3106 ervice Co . ox 1350 Perry, Ga. 31069 Licensor Access Notification Requirement: Pursuant to Sections 5 (e) and 18 (c) e - Proje -5260 or 4 OR Debbie Sullivan - VP Site Management 478-988-5255 or 478-396-9534 New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration ~1l Site #: 026- Name: A Asset No.: 1 12555 Cingular Way Alpharetta, GA 30004 Licensee Notice: New Cingular Wireless PCS, LLC epartmentlRe t t Site #: 0 I eName: A Fixed Asset No.: 10 2 1025 Lenox Park Blvd., NE. 5th Floor a,GA 30319-5309 Licensee Le2al Dept: 14 .." .f~ Licensee Accounts Pavable: New Cingular Wireless PCS, LLC ccounts P , Site #: 02 '''e ite Name: AO Fixed Asset No.: 10031259 1255 Cingular Way tta, GA 300 '1!IWj~!~WW.~!~tT Licensee Emer2encv Contact: Pursuant to Section 8 , ~~.~c",::::J' 16. (a) Anyone or more of the following events shall constitute a default ult") by Li eement: e given by ~!llll!lI:I!!il~ """I!,J~ljj!il! S , delivered on the Gate of receipt (or on the da e receIpt is refused) as shown on the certification of receipt or on the records or manifest ofthe U.S. Postal Service or such courier ceo Icensee's failure es, additional fe payments set forth herein and such failure continues for ten (10) business days after Licensor provides written notice .::=......'.;, 0 Licensee' e a andonment b the Equip portion of the Site upon which the Equipment was installed; . g or other acti . sdiction" vency, reor :=-, relief with respect to Licensee, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution relief with resy . or Licensee's d aking by ,Ignment 0 , arrangement for the'genera enefit of creditors un statute; or 15 ~j !Ull!lliIm~~J!ljllll' ~~:;:',;;r 4-7-09 see's failure to of its obliga this Agreement and such failure continues for thirty (30) days after Licensor gives written notice thereof to Licensee. t Licenso emove all ipment, im personnel or person property located at the Site at Licensee's sole cost and expense. In the event that Licensor should, as a result of the default in the performance by Licensee of its . ions hereund . c mlM sts or expenses . ensee or in co . censee's c)""li ~~, such sum due to Li,n,"';; anal fee here g of an inv (c) At any time or from time to time after the removal of the Licensee's y from the Site ursuant.to.,.,~S.ection 16(b) above whe not the current term of 'lllllllllllill;l!!lllllllllli!vlJ;illli@:r; d L' d eement s '.,. ate, IC e un er n icense Lic at the Site, for the ac . '~jlllllllil!lllill . ' 1i'!iillllll !~r' ' .. LIcensor, fOf such term Of terms (whIch may be ter..tnan Of less than the peno would otherwise have constituted the balance of the current term of this Agreement) and on s ch conditions (which may in.cl de concessions or free site ees) and fOf such uses as ~~, r, in Lic~l!s oSQ =- etion, ma, y collect ts therefr6ID . . .'sg ot be resp Iable for , :~~~ re- Icense Licensee~ dtm&" space at the Site or for any failur any payments due upon any such re-licensing. illlelMi!fut to this Se llilllll~l! ~1!'J'liilll!il llllll as ) no rem ant to the te fJ!~i1i~~ll' enL and/or n !I!II~ censee's fo the Site shall relieve Licensee of Licensee's obligations or liabilities hereunder, all of which shall survive such Default, femoval and/or re-licensing. Without limiting the foregoing, Licensee's rJ~. Site pursu n 16, Licens eless rem~ ;~::.~ fees and der for ;m~rr'i'i e then-curren (e) All of the rights, powers, and femedies of LicenSOf provided for in this ent or now or~il~ . . ng at la~ or in' tute or oth~i ed to b ulatlve one or maf Powers or . ,mention or r'. ' .' j or more of , , '~'ll!rr~@IU . I~LI,IIIII.I\'UIIII!IJ.Jh. ~i Agreement, shall oe deemed to be III the exclusIOn of, or a waIver of, any oilier n ts, powers, or remedies provided for in this Agreement, or now or hereafter existing at law or in . , or by statute or oth . The exercise or enforceme Licensor of an one or f such rigQts ~; . es shall n eous or I orcement b .all of such ,or remedie 16 (f) not be deem the 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 r's obligati . e than (30)!""''' r its perfo~ or shall no efault if it performanc y period and t y prosecute t mpletion. Lic 1 personal against, or the portion of such taxes attributab e to, Licensee's Equipment anOJor its improvements. Licensee shall not be obligated to pay real property taxes or other fees and ments attributable to r the Site. ""_UL,O::7:J: a;'":'""'"H""~"/ 17. 18. ~~J~!I!~lllljll!!l!~I'" ',~~;. """,.,,",52' Jt~_~ole cost and (f~~ili improvem dinances (b) In the event that Licensor determines that the installation or operation of ~quipment is resulting in corrosion or damage to the integrit of the Tank, Licensee shall , rrective actio 'ts'iIS<W se within it becomes jllllli"'"I!t'II!.IIIII[II"ill~.!IIIII'llll''' _ . "" .. .I..! Irri...'!!J. 'I" t t IfL' - rrOSIon or m: 0 u Imma e e. IC h t. , .'t",'!I!iillmlmlll'llllm:' .lllii!lillll'IIII;'d th.rty (30 l~!IW,IJI~Y" suc correc IV c IOn 'WI n saIl, Icensor may per omi 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 see. (c) 5 (e) and Sec .~grees that Li have limited access to the Tank for the purpose of installing Licensee's Equipment, and that during the continuation of this Agreement. Licensee must give notification prior to gaining to the Tank ited[rBul rsuant to Secti ". r Access Nod . " .il.III.I!I!III.I,III.!llil."!!''''I!,:~!II.IIIIII.llm(n1. th' . ,:=, ' ments .e~sato y au 0 nsee or p . .. 1,"II'i!~iIIIWllrl!II~1111111111111111" '. ' cbrect sup Ilbe~llper1'Illtted to en purpose ale ;I;lIljllll~!III.' ;~""$; herein. Licensee 'iinderstands and agrees that other licensees and their authorized representatives shall also have limited access to the Site and the Tank for similar purposes, t Licensor shall no ible for the actions 0 ,h parties. (d) during th ent will Tank and all asso 'gh" I" l' hI s:-. d alil~IIIII'III' d 1 tmg m comp I a app Ica e Ie er , sta e an local laws, rules and regulations relating to communications tower/structure lighting, "ng, without limitatio 17 of the rules an re lations of the Federal 17 '~ '.,....~"..../ .. Service Communications se Agreeme. unications "0 "Fee"). In Icensee 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 in wri . . te with Li, .. uch nonc . ith all applic ell as ap i"'!~';,i' r regulationsi al or state a t not limit having jurisdiction over the installation, operations, maintenance and/or working c nditions involving RF emissions and/or safety and work standards performed on or near unication tow~r~,,"",~d~,t Sites. Licen e solely responsibl 'th'I!i!",~III!,I!!!II'!\""II!I~11111!III!i!llliIIF..' d h . h ~-, ~ce WI ~llilllllr; ot . er g . nts w~t res atlOn opera amt ce of Its Eq . aIrs to Its . ' '~:ijilllllllll'II"; '<1"" '1111'111 ;,~= the SIte. Licensee will Immediately remedy its opJ 'a Ions to comply with such.'laws, rules and regulations as they apply to its operations and/or the operations of all tenants and users in the aggregate at the . 19. RF Emissions Compliance (b ake any to coope tenants and users e'0CSite to comply individua e aggregate with al FCC and other governmental RF emissions standards. In this respect, Licensee agrees to pay t Licensor its pro rata share of the cost of any engineering studies performed at the request Licensor atli.. ,i"'liffi"'~'I~"'ll'" ..,.. the measurl .ons and em. iss.' ;'~I!IIIIII!!: "W '~III .. ,,-~ ~~ lance perta1:tl1 lithe develo . Ite specIfi ~..'~ '~I!III'I!lllilllii!I' ..' e expense for suBs u ges to a SIte sa antenna modI additions shall be borne by the party or parties responsible for such changes or additions. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CIATED W TH K OR SITE. CEPTS TH ITE "A 20. 18 ~. \+;'80: ,";:' ~ t 1,,_~"T'!:} ;St:H.'~..<N.':;" ~1UU@1~~ijl~u,L ~,;~,-' LicensorlTank Owner waives any and all lien rights it may have, statutory or . ens~eis]eommunicatio' y portion thereof. MIIIII!IIIII"l'lll!1111!lillli,111!II:lllliiI!l.1 hall b d'lnljI'l<1 .c. UII?ment s e y lor p tlllllllllll!ll:milllllillli~llli@il~ . . Agreement. L1 nsentsto LIcensee's 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 (b) Licensor and Licensee represent and warrant to each other that no broker (c) No modification of this Agreement of Licensee's space at the Site or any (d) This Agreement embodies the entire Agreement between the parties and ~u FTsedes all prior or contetIl eous Agreements between t e parties with regard to the !111111111~!11"b tt h ; h . . . 'd d ma er ()ll erem 1 onsI ere greement e the remaI . s Agreem ( e) This Agreement may be executed in counterpart copies, each of which 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 s of the St . . c . is located. (h ement creates a Licensee acknowledges that Licensee does not and shall not claim at any time any rea property interest or estate of any kind or extent whatsoever in the Site by virtue of this Agreement or 19 .....h''='4T '.,~..;' 'l\~WIlJwmUIJt~' kt.~y. Icensee's use of t ursuant hereto. Nothi contamed shall be co constituting a partnership, joint venture or agency between Licensor and Licensee. (j) Licensor warrants, represents and agrees that neither the Licensor, nor ,est ofLicen~o ' y third part , stored qr d' azardous iiia . .."-"- ,t ~, oer the pr is 10d~~~i!r: fLicensor's iiiQWlectge. ::::..~4 20 -;'1 l***.-*mm'$0':"'~:~" *"Yl7=' ~WI~IIIIJI~~!' WmIWJ1''j)llUlljJJij~~' LICENSOR: Title: Vice President Site Management LICENSEE: ew Cingu!atJ y: AT&T~ Its: Manager Title: 21 '~i"~""""'>" "~IIJllIUlillm\Jl? Tank Owner: dress: lcensor Project Licensee: Licensee I.D: AT&T 026-158 2. FCC call letters: KNLG639 Existin2 to re Transmitter(s): One (1) Make: Ericsson odel: 2106.1.I'r; llillillll"l wer Outp ERP: 685.49 w New: , ansmitte~!) ake: Erics-n, . odel: 3206 Power Output: 43 dBm ERP: 685.49 Receiver( s): e ( Make: Ericsson odel: 3206 2 0 e removed: NI Transmitter(s): None Make: NI A fA emoved: Receiver(s): None Make: NI A 1\10 I: r-:;;;;;;;;;.-:: 22 ~'"':::J=;j ';%,,,--,,",;.: ,gOO~lilll@~! 6. Existin2 to remain: TMA(s): Six (6) e: Andre;n;IWtr~ el: ETMI9.0 , . ~'~illllli~!I"""I!'i't~I!III!!I!I"I: lDlenSlOns: 15.8;~x6! Weight: 16lbs Existin2 to be removed: TMA(s): None (s): Six ke: Andre Model: ETMI90G-12UB Dimensions: 15.8" x 6.9" x 2.9" t: 16lbs Existin2 to remain: Antenna(s): Six (6) ke: RFS el: AXE196 xistin2 to be removed: Antenna(s): None Make: N/ nna(s): 17 e: Kathre ,odel: 742-21 Dimensions: 51.3" x 6.1" x 2.7" / 16.51bs Type: Panel istin2 to rema RCU(s): None Make: N/ A el: N/A RCU(s): None Make: N/A l~.~~~". ~..' ."; 23 .*.'::27ET*...' 7' Size: ~timm~~w~wl~" '!IJtiUU~! ';;;;c--';' Size: Nt A Line Type & Length: NtA ~11~~~lr~, tenna mount lmill!!illll!IIII"'I!"AI!ll!!"!llt,nlllll!IIII' (attach sketch ot"onen (a) Removing Zero (0) antennas mounted on balcony at the 107' level. ;'--'='-..) (b) Addr-' secto tll' at the 107' see a total antennas on the balcony at a maximum separation between posts of five feet in each sector. (Mo Lic (c) Alpha position at Beta position at Gamma 0 (d) Licens e s xi sting Ground space m will remain the same. 24 :~1 r~U~~I~mm~~~~~' Exhibit B 1. Tank Owner: AU2usta Geor2ia 3. Coordinates: L T: 330 - 22' - 52.44" by LN: 0820 - 05' - 28.26" 6. Site Plan - Sketch attached ~==; *~~;Tt" 25 '~;~ ~l~~!IJ~~~~!!IIl!' ~~; '~JI~@~~II~r ~U!WlUWimm\' ; -A' ~ \~J .^'o'c~,,""^ . on with the performance sociated wit rhead expenses i licensee upkeep of th shaH be respons' Company '$ responsible To properly perform its duties, the Company shaH have authority to take appropriate actions to bring about efficient operation and maintenance of antenna licensing on the Tank. The Company shall have the exclusive authority to enter into , . ense agreements for the use 0 mounting and equipment shelter s ceo The equipment, hardware, structures, etc. which are subject to contract between the Company and any antenna licensee, will not affect the site fee due the tank owner. This agreement may be 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- e jldst caus~,'fi eement. , , ovenants that mto and execute this agreeme The Owner may terminate this agreement if the Company violates one or more of its terms and such violation result in . . ent to the Owner s that the Comp . terms, then it shaH i w' fr(,rc"n~ ng the def.. pany thift fault. If th ure the defau" ;11, r "i of receipt of y terminate t . tho J~I,I,!I;i!!!II!!!I!b. d .., . h O. ~~. ompany may termmate I eement on yater one hundre el fItten notIce to t e. r.~nJe m term of this agreement shall be ten [10] years. At the expiration of the initial term, this agreement will be automatically extended for the remaining term of any antenna licen agreement(s). t signed thi Name and Title (print) NO - KNNR 03-03-03 . ,.. '. .,; ~~] ~",,=,~! '~'!!'!?!T'. ~~~lmI~~! ,~I~w~rnmijij(U~' ""~-::. LESS COMMU~I. '~;"~'.", 314- f)O;, TANK # AND TYPE: Berckman Rd. Tank DRESS: Wasbineton Rd. & Berckman Rd. ATE ZIP::!AuIDlsta~G~09Ulnuchmond~otfu~';.I~ -3>1 : 500.000mIeV-afedS;----:'.-~~,~~~i '~l. ;;~i F~ INATES: Latitti~~;co~?)O:;S;-11 N LongifUue ~o ~'536 W 461 IL?D Owner hereby agrees to add the tank(s) listed above to the Wireless eommunications Management Agreement. igned thi yriV;:~':U) .S'. , Name and Title (print) Jt1~ YO/(.. yof Debol ullivan. Vice President Site Name and Title (print) NO -RNNR 03-03-03 i~j::~,,"__"",;f': 'W~IDIll!iUlliJlJUI'!~ ~,-". \ IONS E A, Page TANK LIST TANK # AND TYPE: South Tank TANK ADDRESS: Mike Padeett Hwv & Clark Rd. ATE ZIP:Au~lIsta~cG~~OObRichmond Countyr='" ~::'~'~ 3 It:) : SOO OOa.Qi:mv1ilea.i,!-::'!;~L:"~i ATES: Littitil ~i~~4 N Longi :-~ TANK # AND TYPE: Tobacco Rd. Tank TAN ADDRESS: Tobacco Rd. & Windsor S rin TE ZIP: jAu usta~"~!GA!iilli;309i:)!:t'mRichmond Coun : SOO Oooll[tmev'atedlllliilllllli~li!illllllli~jlllll!lllli1!::I~illlllll~lf A TES: Lain'd~lilijil[ii_' d:~~!,jl0'2-1 N Longit TANK # AND TYPE: Fairineton Rd. Tank T DRESS: Tobacco Rd..& Fairineton Rd.oIC$ TE ZIP:~uelfS~A'It309UBRichmond @ou~\.i -i. >, ~ : 2S0 OOO"-aTIlevafM~ r~',_ '~:..l.~II:'''-t\.'r INA TES: Latitud~3 O\12~ 4 IN Longitum ~..6~:*tt ~ I I.. ~ '. II:! I l~~' , I .... ~l 0 O:".i t.~ W NC'.>t-k, ita' l<1C{ Mla.,v TANK # AND TYPE: Hiehland Tank .Ay'v!-.4 '. .f'lvV\rl'li...J~eGJ;.}lfcY"t~fOi DRESS: 1~42~'Hii!hlaliu~~ve!li :==, ,;;;;;;;,' ..,..." ,~! .,~l TE ZIP: \~,.t{Ustri.l9A:.09().BRichmond mruiilal' )~!~i' , i 4+br TY.SOO 000 EU~valed--:.! ! .!=r' " .)1 '~',,!l~ COORDINATES: Latitude3:-:S :..~;,~ ~"t<6'7N Longit~de~'2.-'~ L ~Q W TANK # AND TYPE: Lumpkin Rd. Tank , DRESS: Lum kin,Rd;!'!!II~r~IIIlI:~liIlil!ill!il":! TE ZIP: !11~b'''''~sia''''~WIII!III~O~()~liRichmond' II ,WnW! : 2S0 OOO.El~vate(lllllllllli~! ~III COORDINATES: LatUude 330Z4.<t30'2.N Longit"li(fe rlS OWNER UTILITY SERVICE COMMUNICATIONS eo., ine !y..-'\I.I~:O ,S- Name and Title (print) C.,.I epl{r{'de~, tntJV ot Debbie Sullivan. Vice President Site Management Name and Title (print) Witness C LlifJ(J(op Cb fl1fYll S's- ,. oN Witness NO - RNNR 03-03-03 't~"!'"....","""_""...,.;. "'W!IIImijmijW~' ;lr::~~=.* t .~ IONS TAG E A, Page TANK LIST TANK # AND TYPE: Daniels Field Airport Tank TANK ADDRESS: 120 Jake Ellis Rd. ATE ZIP;Au2usta~:GA~30901Richmond Count~~"t, Ar7G : 1..00(j:OUOJEIevate_1~~~;::9; ;;~:".:\ :1=:: L~ ~ (). INATES: r.~~~r~~~~s:S'N Longl~:a'~f W ~O\ ....'-22,,,"',,;.*. ....... ;Z(i' ..." c' _n *. : :-------;~/ ;:c~~ ... ,,' , "..... N Longitmlen Ot)i:;f, ~WW TANK # AND TYPE: Greenland Tank DRESS: .,. Greenland Rd~m[I~!l@llli!r~!ifi~c ATE ZIP'!!~il'''"'u'stalilll!(;~!lIIil:j090nRichmond1IDollllwl lIT: 500 ooo'IIIEIe"ite'aI~II' COORDINATES: Latitude 'p3 0'-2<6- CY),S"N Longitu'ae t?J~ K # AND TYPE: Walton Way Tank DRESS:~altoii~av~~ %v1 ..."-'::"':;t, Ii, " 40~1 A TE ZIP:'JAU2usta;'.~~30901~RichmoD(J:"unli~a~:~~, coo~~::i~~o~:~:::::e~~~:""~"l(pC:tN Longitude .~~ o~.~'CY~~ ~J'5~f;f-c OWNER y~",~p C'i??eprt--tv-6~ Name and Title (print) {llA yo Witness G I:.ERK (J r:: COt~(Y} IS'S (oN UTILITY SERVICE COMMUNICATIONS co., ine Debbie Sullivan. Vice President Site Management Name and Title (print Witness NO - RNNR 03-03-03 C1~..;;;rr::/ \. .~1*~_.*...;.* :!'lUj~IJI~ljlll~!~ *~:~7* Request to Identification Number and Certification '", ;' ~~ru~JjJj~Jjlg~" , "i,~~~;:' ' List and attach copies of aU licenses and permits, Phase I, Phase II, NEP A, SHPO ~.'. s pertine ."lllm'a urrent in . (hi ~iill!'!!I:i t contain wa: DO ill~ll~~llil ;iilil~rl~~I!IIMni' RO~RIETARY INF " ;!'iII.Ii'lIlliLCIIII.I!llihli:1=111111l>1 ;~1!:~eteRE-DISTRIB 26 OVAL \. : "0\;' ;~*M*O~","C *,-l .O~** ~,jIJ@~IIIJlllm~I!!?' Utility Service Communications co., inc. (USCCI) tural Re Gross Analysis, "~'ith calculations, of t entlre structure using loads appropriate for the geographical area per the latestAWWA code requirements. The analysis must show the actual versus allowable es for the 0 wind rod d struts. ;on, lac be ev tenna sm, ent poi Summary page must include: All drawings must be Site specific. If USCCI Project Manger made site drawi sk of site S 1" !W'J,; :"!II!I!J'II~ tact. Power a ccommodate utility Coax may be required to be buried by USCCI Project Manager and/or Tank Owner. Coax mps d on the Ta eption: 1s see coax of cluster b install on outside of same bracket, location will allow. Tank height, center height, pi I locating dimust be !!IU!U!I!lIil!,' current antenna locations on Only full sealed welding is on plans. All ver the 4 ank 10 sh ~o match Cor us painted to ma Licensee may be required to use colored coax to match Tank. Painting of coax not allowed. tenna and Wind load used (MPH). Diameter of Tank bowl and balcony. Total Tank hei ht. Ba I. 2. 3. to placed 5. ide) Id not a in the <:l/or 3rd Ll 'Yl'liwillw; ground Equipment on 9. must be indicated 4. 6. 7. 8. 10. 1I. 12. 13. 27 '"=%';=-'"",',,,,,;,;,* '**_"'97 Corral 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) Th 'nstalle Li quired t 'ill!III!!llilll!llil compoun y gate. If denoted on the drawings. Signature box must be included on the title sheet. Signature box 'nclude: roject M _.~ e projec F5'n1 Tank to 15. 16. 17. 18. ~ ,-=------" ~]'*~'* 19. 20. 4-7-09 in concrete not gravel, due to Installation mu 0 low Installation along with any site-specific requirements requirements. The 10' . Licensed Ground area must be ground maintenance problems. Low- . dge mus, ~I!!!!'II!&:' ' pr ss growt lation ~on prio Contractor) . AWWA ite (Regard USCCI Project Manager will make every effort Tank Owner, Site couisition contact . ,,'i!!!om'i!III:III!;II!!I~i, b" part~es .. .. e su m~ e drawing e first t meet at the Tank Site Manager and any This w' Make sure all involved parties are issued these requirements as well as Installation Standards in License Agreement. r SCCI -396-9534. DO !1~11!I~iilm~illlllll~~~llli~@", ' ~:ROPtm:T ARY INF ~'I!"'EIIIOR'RE-DIST ' )!I~J][ . ,~IIJ!:~,T 28 ~\'~; Wllijljl~!l!'JDI\I!IWW' 'E=f;, -7Ji ~'~H~.''f?' Utility Service Communications co., inc. (USCCI) Installation Standards for Antennas and Related Comm:i,P"~"'li:ca tion E 1.1 The various communication companies have been installing antennas and related communication Equipment on Tanks for a nq~e but more frequenqy cd hese as in~II'III""r: dr e types 0 typicall uti the potenti~ the stru r integrity of the Tank facility and several adverse on the maintenance of the structure and its coating k manufactu orically avoi gineeri inst ard to th ent. this standard is to: a general guide for site construction d their, Ie stru ompliance wit were in place during t facility. Ensure current operational and maintenance standards. od enance ac 1.2 The 1. 2. 3. 4. 5. e in :'11111 latest AWWA code n regulations amendments and or commentaries. 1.3 revious Li required to furnish and erect with USCCI standard design and Rail Requirements with a locking 1.4 ions on antenna installations will a corral in accordance meeting the 926-502 g 1. 5 At colored coax possible. se of ce electrician USCCI approval work. Such approval DO 29 ervice Communications se Agreemen sh comple Qua age along of p installations. be in accordance with an installation plan. USCCI, at have t ~upervise th E llM~ifl1 ' q~!~p cates 0 USC ler. >;-----;; ~. I of photo A installation work sa USCCI previously approved its sole discretion, shall of any and be requ '~~.:~=;;p ~~;S' ~'~ wo installers shall have demonstrated capability to established manufacturer's installation el,l as any sRec ards imposed b shall a ne, 2.3 All installers will have a certified welder per AWS D1.1 performing any welding. 2.2 All approved of conforming stand US - 2.4 3.0 Health and Safety: 3.1 3.2 to the interior of the Tank Tank is emptied, taken out water supply s the 3.3 contami y be consl'Ber disinfect the Tank Pr Any contamination. (see ANSI!AWWA e taken the Tan If contamination C652) is not permitted of service and in 3.4 for hazardous are found, the personnel shal cordanc proce 3.5 3.6 ors must be ~i:IIII:II!!!ih 0 f f th cture. 3.7 The coating materials. envir<;Lnrn~J , b~~\ ~"'~~ system shall Where hazardous Ie water su conta . ',~rlllll!l! "l'II'II.lill~~I~rllilill'"i, !I!!i! "IFd!I,lb,"f,I:I!I" !'",,,!, "f~~TARY INF r, IIQ.RRE-DIST 30 <,_/" i"lYW~!lllllljwU"" 'WjU!Jj~ ~"'.:.._~' Service Communications nse Agreem 3.8 Th 3.9 Cables shall not any ladder structures, in 4.0. General Workmanship: 4.4 4.5 Epoxy 10 Fa to 'j!llulll,II!!I~ the ~'metal temperature shall not temper onally, s from t structure due and subsequently xy compounds 140 ,de ~ n be su~ /contract in the a failure. installed we>c m in t tion, th to water seepag n corrosion from trapped water and moisture. Proper coating procedures cannot be used on the Tank surfaces that have plates or ot achments bolte that ar cial expert ~~ and minimize the possibility~' of structural damage to the structure. Consideration should to reducing the Tank water leve whenever openings the s e per profess soluti Older Tanks inspection thick e are prone to hidden of all components, ents are rec h rela should structural engi corrosion. A careful including ultrasound rify the Ta Oginal commende with AWWA Co i"'''H!!!lillll!I!!li; . profes 1 requirements. hould be during les sha contracto removing the cable runs. Chaining legs or handrails is not allowed. ocated to allow and recoq.t h jllll!III!I~ m t e T is work or strapping to tower Cable runs should be 31 ,... 1 f~:=~/t, "~^^~" )i ~~;>",,~~,W!," ~mmmr,ij.!Ui!' i;;;::~~' Service Communications nse Agreemen ro ies ize rigg,u_ ting up shotiTd be orientated towards e center of the Tank 0 inside face of the leg, typically between the struts riser rods. .6 4.8 4.10 If new antennas are installed obsJ:.r ctiQ ';k.!gtl.~-ng may need meEr~, "F~ ~~'-~i . Loca ~ be '''a-:- ly. on the top of the Tank, ed or raise ictions FAA 4.11 Many components common to the communications industry are designed for easy shipping. When bolted together, back to back co t hould be se 1 wel prevent fu treakin 4.12 Whe omponents support pedestal, the effects of high and condensations should be considered adequately protected or waterproofed. within humidity, and the th moisture Equipment 4.13 co 4.14 Penetrations shall be designed in accordance with AWWA section 3.13. 4.15 shall ations. 4.16 Ground bars and leads shall not be installed on any part of the structure. Full seal welded coax and antenna standoffs be i + mounting grou~ d leads. 4.17 A is by a in ion of th required on each structure. 32 ". 't ~ .,*,''''''~"i' '1"** "~~""'d...f'" \~~li@!lllilllm~' ~JlI!IW~lIWill~IUI' ~ervice Communications nse Agreemen 4.18 Al I comp e local ements. f any appI government standards, appli e BOCA and NEe code, well as EIA, TIA and AWWA, Standards will apply. 5.3 No be done w t temperatn-=- below 32 degrees Fahrenheit ess the cold weather w~~i requirements of AWWA 0100, Section 10.2.1 are followed. 4.19 Welding: 5.1 5.2 5.4 All welding shall be in We an ction 11, ,s to be AWWA 0100 Section d Testing. This rdance low and 6.1 All welds to hydrogen rod undercuts. r the Tank surface shall be made with E7018 and shall be smooth and free of burs ceptable welds shall be repaired as ,WA 0100 weld sea 6 indt!!ijif~\ f ~!il!llilrl!~ pro e that not clear not possi ha be made of a by local welding. 5.5 nk or access The wat 2 feet 5.6 Galvanized components shall Tank surface. Galvanized structure must be ground weld "n not be welded directly to the surfaces mating to the Tank free of galvanizing prior to 5.7 on ed sealed and be breached or pun r circumstance since moisture will accumulate leg and eventually cause serious structure Tu hermetically under any inside the damage Paintin 6.1 Welding may cause blistering of the interior paint opposite the weld. surfaces shall be ith the existing 11 be Iire n, and s~lil!!'II!" co ystem. recommended that a one-year anniversary inspection be made to evaluate the quality of the touchup and repainting if DO 33 ,. 'M ,M~ '~~I~!~W!~~~IIP '~W@ml!illmlli~S' 'JUlillUI '1~--:,v' Service Communications se Agreement re' r prope 2 shoul 6.2 All painting and surface preparation shall be in compliance with SSPC and NACE regulations. 6.3 irst R' Tanks t erv:Lce Company. mpany m , the int maintained b 7.0 Electrical: 7.1 mec RF Equipment ork sha Any n rical or e located on the site. 7.2 All installatio st t ap co shall comply with alJ. require nt stan lA, TIA a applicable local, absence ,~of ~ : BOCA iF~ adhered t 7.3 All RF Equipment and transmission lines installed shall be FCC type accepted service and frequencies o d exhibits. 7.4 lines sh to towe rt iIr<} snap-in hange stainless angle adapters (Andrew 31768A or approved equal) authorized. Cable ties are not permitted. is 7.5 7.6 When possible, the Equipment cabinet or located a minimum of 10'-0" from the Tank. 8.1 All transmission botto id~im: ' Se 111"!III'"!IIIIII'" assJ!gn Plastic tags with are acceptable. si te address th lines shall be tagged run near contai C or I tags wit vinyl labels or Licensee's name, site act for the licen st be po and , s nam the fr' are pre~ ink markings name, site 1.0., hone number and 8.2 per responsibi regulatory requirements. DO 34 ,.. i, .:4<.,""""",,: '~ '~~~~I~~IWIm~II~' nl y be ned by U Proj ect Manage the installation and antennas. . on cannot co anager locatio Corrununic designate the ac of electric Equipment, I f for any reason the ,.e instructi d prior 8.4 All installed Equipment shall be housed approved enclosures or Equipment racks. doors and co shall remain close ti actual in sui table EIA All enclosure locked at all 8.5 Any ical, or electronic interference to other Licensee RF Equipment, other associated Licensee Equipment or any Licensor Equipment located in the Equipment shelter, tower structure or n the sit 8.6 coax run 8.7 Ice bridges with prOl3l ow must either be a maximum of derneath to imum of e ground 16" above grade und mainten to all:':"'''' 9.0 Inspections & Approvals: 9.1 9.2 rovided wi review and approval. (See "Ex 9.3 shall be provided with all drawings tart of 0 and supplied with 0 the Purchase Notice to Proceed (NTP) and a tentative of when exterior and interior touch up will U aPP:2'~: Contractor) provide a at the the"~I,I~~!~I~o prlor to accept This pa shall supply as a minimum, photographs, sweep charts, copies of permits and as-built drawings and lien waivers for subcontractors and vendors. DO l!li!il~:IIII!\l~~~~lil~ i!~!i";,,,,911.1I!""":"""!IIII~~ARY INF "IA' ..E 'oRl.K.l!.-DIST ;lillJ~~i!I@~@i~' l~!11UI!i :tU'mMb OVAL 35 ,. 1U!1,IIJWn, ~~mmlllll! 4-7-09 If you h contact: Lee Duke, USCCI Project Manager at: 1-478-988-5260 Cell: 1-478- 396-0843 OR Debbie Sulli Cell: 1-"