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
,-,
, \
~
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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
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"'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:
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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.
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28
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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 .
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30
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~"'.:.._~'
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
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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-"