HomeMy WebLinkAboutBellsouth Personal Communications (2)
Augusta Richmond GA
DOCUMENT NAME: ~ \ ~ltl ~ScnOJ C\J'flffiU\\\a:tnmq
DOCUMENTTYPE:~~~e:~
YEAR: 03
BOX NUMBER: \C1
FILE NUMBER: \ {y~t.9- ~
NUMBER OF PAGES: L\~
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Tank Name & No.:
Location:
Carrier Name:
Carrier I.D.:
AQgustaUtilities
3936 Belair Road
Maddox
026..213A
CO-LOCATION LICENSE AGREEMENT
THIS CO-LOCATION LICENSE .AGREEMENT (the "Agreement") is entered into
this ~ day of ~'~, '. by and between AUGUSTA,
o QEORGIA (hoereinafter refe ed to as "LICENSOR") and BELLSOUTH PERSONAL
COMMUNICATIONS, U_C,a Delaware LLC, dba CINGULAR WIRELESS (hereinafter
referred to as "LICENSEE"). '
WHER~EAS, LICENSOR 'Owns a certain parcel of property located at 3936 Belair
Road, Augusta, Georgia, which property is more specifically described in Exhibit "A"
attached hereto and made a part hereof (the "Premises"), and LICENSOR owns a water
tank (hereinafter referred to a~ the "Tank") erected on the Premises; and
WHEREAS, L1CENSEE'desires to License certain designated space on the
Premises and the Tank (the "Licensed Premises"). .
NOW ,THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto, intending to be legally bound, do
hereby agree as follows.
1. LICENSED PREMISES; USE OF LICENSED PREMISES: LICENSOR hereby
grants permission to LICENSEE to erect, maintain, repair, (within the square footc;lge .
allowed under the terms of this Agreement) and operate the following communications
equipment ("Equipment"), described in greater detail on Exhibit "8" attached hereto, for
the purpose of a communications facil.ity and uses incidental thereto:
(a) Up to 9antenna(s) at 115' AGL on the Tank.
(b) Up to 12 flexible coaxial transmission lines and/or wave-guide(s) between
antenna(s) and radio equipment anchored to the Tank.
(c) Radio transmission equipment consisting of a transmitter/receiver
operating at a frequency of 1965-1970 MHz TX 1885-1890 MHz RX using call letters
KNLH473 assigned by the FCC, and accessories to be installed in LICENSOR's equipment
shelter near the base of the Tank ('Equipment Shelter") or the LICENSEE's equipment
shelter, if any ("'LICENSEE's Equipment Shelter"), provided that LICENSEE hereby (
covenants and agrees that it will not construct an equipment shelter or any other
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improvement on the Premises without LICENSOR's prior written approval. No outside
storage of any kind at the Premises is permitted by this Agreement without the prior
consent of the LICENSOR.
LICENSEE shall furnish, to its unmanned equipment shelter, electric and telephone
service for the operation of LICENSEE's Equipment. LICENSEE shall be solely liable for
utility expenses relating to its installation and equipment. LICENSEE's electrical service
shall be separately metered ~nd LICENSEE shall be responsible for all costs associated
with metering, including the cost of installing its meter or multi gang meter.
LICENSEE shall use the Licensed Premises for the purpose of constructing, .
installing, maintaining, repairing, and operating, at LICENSEE's expense, a.
communications facility, including antennas, buildings, and incidental uses. LICENSEE
shall not use the Licensed Premises for any other purpose without the express prior written
consent of LICENSOR.
2. TERM: The term of this Agreement shall commence on the earlier of the start of
the installation of the LICENSEE's equipment or September 1, 2003 ("Commencement
Date"), and shall continue for a period of five (5) years ("Initial Term"), with two (2)
additional five (5) year renewal terms ("Renewal Terms"). The Renewal Terms shall
commence automatically without further action on the part of LICENSOR or LICENSEE;
provided, however that either party may terminate this Agreement at the expiration of the
Initial Term Of'at the expiration of any Renewal Term by giving theotherparty not less than
six (6) months written notice.
This Agreement may be terminated at any time by LICENSEE with sixty (60) days
written notice to the LICENSOR, providinq 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 the aggregate regular license fees that would be due hereunder during the
remaining term of this Agreement or twelve (12) months site fees, whichever is less.
3. FEES: Beginning as of the Commencement Date of this Agreement, as
defined in Paragraph 2 above, LICENSEE shall pay as an annual "License Fee, in
advance, the sum of Twenty One Thousand Six Hundred and 0/100 Dollars ($21,600.00).
Said sum shall be paid by LICENSEE on the anniversary of the Commencement Date
each year thereafter throughout the term of this Agreement.
Effective on the anniversary of the Commencement Date of this Agreement and
each anniversary thereafter of the Initial Term and any Renewal Term, the then current
License Fee payable by the LICENSEE to the LICENSOR shall be increased by an amount
equal to three percent (3%) over the total License Fee payable by the LICENSEE for the
preceding twelve (12) month period.
In addition to the License Fee payable by LICENSEE hereunder, LICENSEE shall
pay to L1CEN?OR ~:l non-Iefundable application fee of $2500.00, per tank, per application
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due upon ~ICENSOR'~ receipt of application for co-location. Additionally, as
compensation tocLlGENSOR for processing and execution of this Agreement, LICENSEE
shall pay to LICENSOR a non-refundable fee of $2500.00 within thirty (30) days of full
execution of this Agreemf3nt;
Any License Fee, or any other additional fees set forth herein, shall be due anci .
payable, without necessity of a demand or invoice by LICENSOR, as specified herein and
LICENSEE shall pay an additional charge of five percent (5%) of the applicable fee made
more then fifteen (15) days after the due date.
The License.Fee for any Renewal Terms shall be payable in the same manner as
the License Fee for the Initial Term.
Address Remittance is Received From:
Cingular Wireless
6100 Atlantic Blvd:
Mail Code GAN02
Norcross, Ga. 30071
Address Remittance' is Payable To:
Augusta Utilities
C/o Steve Little
360 Bay St.
Suite 180
Augusta, Ga. 30901
To ensure proper credit of remittance, please include the Licensed Premises name,
address and 1.0. number; which is: 3936 Belair Rd.
4. TANK STUDIES: LICENSEE shall be solely responsible for conducting any and
all Tank studies necessary to determine the feasibility of Tank loading due to LICENSEE's.
installation. A Gross Structural analysis, performed by a qualified structural engineer, of
sufficiency to confirm the structural integrity of the Tank to accommodate LICENSEE's
equipment is required, at the LICENSEE's expense, and shall be submitted to LICENSOR
for approval, which shall not be unreasonably withheld or delayed. Should Tank
modification be required in order to accommodate the installation of LICENSEE's
Equipment upon the Tank, the cost of all such modifications shall be borne by LICENSEE.
LICENSEE shall submit plans and specifications to LICENSOR for written approval, not to
be unreasonably withheld or delayed, prior to commencement of any modification of the
Tank in accordance with this Paragraph 4.
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5. APPROVALS: LICENSEE is responsible for obtaining all necessary Federal,
State and local governmental approvals.
6. INSTAllATION: ,UQENSEE shall install, maintain, repair, modify and operate
its Equipment during the term hereof in compliance with all present and future laws, rules
and regulations of any local, State. or. Federal authority having jurisdiction with respect
thereto, including without limitation, the rules and regulations of the Federal
Communications Commission ("FCC"), the Federal Aviation Administration ("PAA") andthe
. Occupational Safety and Health Administration ("OSHA"). LICENSEE shall attach as
Exhibit "C" to this Agreement copies of all FCC operating licenses, and copies of other
licenses or permits, which it has been issued pertinent to this Agreement. Prior to the
installation of any Equipment, or any modification or changes to the Equipment, if any (but
excluding repairs, minor modifications and/or replacement with substantially similar
equipment), L;lCENSEE shall comply with the following terms and conditions:
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All work perform~d at the Licensed prernisl3s in connection with the installation,
maintenance, operation,. modification, and removal of LICENSEE's Equipment shall be .
performed at LICENSEE's sole cost and expense, either by LICENSEE's employees or by
contractors approved by L1CENSOR,such approval shall not to be unreasonably withheld
or delayed. LICENSEE shall only allow fully trained technicians and authorized personnel
to work on its Equipment located at the Licensed Premises and such technicians and .
authorized personnel will undertake such work only in compliance with applicable FCC,
OSHA and other governrnentlavvs, rules, and regulations, including all laws, rules, and
regulations involving radio frequency (RF) radiation emission and/or safety work standards
for work performed on or near communications tower~, water tanks and antenna sites.
LICENSEE shall provide reasonable certificationot its compliance with the foregoing
requirements as well as similar reasonable certification from all technicians and/or service
people contracted by it towork on the Licensed Premises. Such certification of compliance
is to be provided at the time designation of a contractor is made to the LICENSOR by the
LICENSEE, as well as provided at such time as LICENSOR may request. LICENSEE shall
require all contractors, as a condition of their engagement, to agree to be bound by
provisions identical to those set forth in this Agreement, specifically those provisions
relating to the indemnification of the LICENSOR and the insurance requirements set forth
herein. The engagement of a contractor by the LICENSEE shall not relieve the LICENSEE
of any of its obligations under this Agreement. Workman-ship that does not meet ordinary .
industry standards, and is therefore unsatisfa.ctory to LICENSOR, must be repaired within
thirty (30) days of LICENSEE's receipt of written notice thereof from LICENSOR. If
LICENSEE fails to make such repairs, at LICENSEE's sole cost and expense, within thirty.
(30) days following receipt of such notice, LICENSOR may perform all the necessary
repairs at LICENSEE's sole cost and expense and such sum shall be due within thirty (30)
days of the rendering of an invoice, accompanied by reasonable documentation validating
same, by LICENSOR to LICENSEE, as an additional fee due hereunder.
(i) LICENSEE's equipment shall be clearly marked to show LICENSEE's
name, site name site 1.0. and ernergency contact information. All coaxial cable relating to
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the Equipment shall be identified by LICENSEE's name and frequency at the bottom and
top of the line. LICENSEE shall.. be responsible for the proper sign age at the Licensed
Premises per all regulatory. requirements. At LICENSOR's request, LICENSEE shall
promptly deliver to LICENSOR written proof of compliance with all Federal, State, and local
laws, rules and regulations in connection with anY installation or modification of the
Equipment.
All installation of Equipment on the Tank shall be accomplished in a manner that will
minimize the impact to the structural integrity of the Tank and its interior and exterior
coating. Installation of antennas and coaxial cables shall not create a safety hazard nor
interfere with 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 Equipment:
LICENSEE, without liability of any kind to LICENSOR, may Commence work only
after LICENSOR has approved all studies, plans and specifications in writing.
"LICENSOR's approval shallnotbe unreasonably withheld or delayed.
LICENSEE agrees to comply with all of LICENSOR's reasonable requirements. .
LICENSOR shall have the option to consult with LICENSEE's contractor as well as
engineers and consultants selected by LICENSOR for their review and approval, prior to
any installation and/ormbdification that will require aCcess to the Tank structure.
A final inspection musf. be completed by a representative of the LICENSOR, at
LICENSEE's expense, $Ciid expense to be $2,000.00, to be paid within thirty (30) days of
invoice by LICENSOR toLlCENSEE, as an additional fee due hereunder.:.. This inspection
must be completed and approved by LICENSOR prior to LICENSEE being allowed to go
on air. LICENSEE must supply advance notice to LICENSOR to perform the inspection.
Such inspection, or the approvaJ thereof, shall not be unreasonably withheld or delayed.
7. STANDARD OF PERFORMANCE: LICENSEE, at its sole cost and expense, .
shall cause the approved work to be done and completed in a good, substantial and
workmanlike manner, free from faults and defects, and in compliance with all legal
requirements, and shall utilize only first class materials and supplies. LICENSEE shall be
solely responsible for construction means, methods, techniques, sequences and
procedures, and for coordinating all activities related to the work.
LICENSEE, at its sole cost and expense, shall be responsible for the maintenance
of its Equipment and its improvements, if any, in accordance with all applicable laws, rules,
ordinances and regulations.
8. PAYMENT OF COSTS AND EXPENSES: LICENSEE shall provide and pay for
all labor, materials, goods and supplies, equipment, appliances, tools, construction
equipment and machinery and other facilities and services necessary for the proper
execution and Gompletior:! of the work. . LICENSEE shall promptly pay when due all costs
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and expenses incurred ,in connection with the work. LICENSEE shall pay all sales,
consumer, use and similar ta><.es required by law in connection with the work, and shall
secure and pay for all permits, fees and licenses necessary for the performance of the
work.
9. LICENSOR'S REPAIRS: LICENSOR will make" at its expense, all necessary
repairs and replacements, as well as alterations required by any governmental authority
having jurisdiction, in, and to the Tank, unless the required repairs, replacements, "or 0
alterations are solely reqUired for the LICENSEE's Equipment located on the Tank, and if !
so, the LICENSEE shall~make, at its expense, all necessary repairs, replacements, and
alterations as required. LICENSOR shall have the right to require LICENSEE to remove its
antennas, cables and any other E3quipment located on the Tank, at LICENSEE's expense
for painting of the Tank. LICENSOR shall give LICENSEE thirty (30) days notice of the
requirement to remove s!,Jch equipment, and should LICENSEE fail or refuse to remove
same, LICENSOR shall have the'right tbremove same and charge L1GENSEEfor all costs
of removal. In no event will LICENSOR be liable for any costs, expenses, loss of income,
or damages resulting from the removal of such ahtennas, cables and any other equipment
located on the Tank should LICENSEE so fail or refuse to remove same.
LICENSEE will have no ~claim aQainst LICENSOR for such interference or interruption.
Contact for LICENSEE notification under this Paragraph 9 (in addition ,to
stanElard notices as provided for in Paragraph 17 hereinbelow):
Address:
5600 Glenridqe Drive, Suite 301
Atlanta. GA 30342
Real Estate/Construction Manaqer
Jack Gill/ 404-713-0183
Title:
phone No.:
10. LICENSEE'S REPAIRS: LICENSEE shall maintain in a good state of repair, and in
good operating condition, its ground space, antennas, transmitting and other equipment, all
in accordance with good engineering practices and applicable governmental rules and
regulations. In the event inspection, maintenance or repairs to LICENSEE's Equipment is
required, LICENSEE shall use qualified technicians and submit for LICENSOR's prior
approval the names of technicians or contractors proposed to make necessary ascents
and descents of LICENSOR's Tank, exclusive of emergency situations.
In the event of an emergency, LICENSEE shall have the right to make such or repairs
following verbal notice to LICENSOR of its intent. LICENSOR's designated emergency
notice number is: 706-796-5010, which is the Dispatcher Department of LICENSOR.
In the event that LICENSEE, after verbal notice to LICENSEE by LICENSOR to the
emergency number stated on the signage at the Licensed Premises of the requirement of
an emergency repair requirement that affects the integrity of the Tank, does not respond to
same within six (6) nours, LICENSOR shall have the right, but not the obligation, to make,
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such emerg~ncy repairs. on L1CEN$EE's behalf and invoice LICENSEE for all costs
associated therewith. Said invoice shall be payable within thirty (30) days of receipt by
LICENSEE.
Any structural modification, repairs, additions or improvements to the Tank,
excluding LICENSEE'S lines and antennas, shall become the property of the LICENSOR.
11. INDEMNIFICATION AND INSURANCE: LICENSEE agrees to indemnify and
hold harmless UCENS0fl from (lny and all claims in any way related to or arising out of _
LICENSEE'S ~Ieasing ana use of the Licensed Premises (inCluding without limitation
LICENSEE's use of Hazgrdous Materials on or about the Licensed Premises) or related to !
-.or arising out of any. damage or injury to property or persons, occurring or allegedly
occurring inL on or about the Licensed Premises during the period from the
Commencement Date 'of this Agreement to the end of the term of this Agreement (to
include any Renewal Terms), including reasonable attorney's fees and expenses of
litigation incurred by L1CEiNSOR in connection therewith. LICENSEE further agrees that
the foregoing agreement to indemnify and hold harmless applies to any claims for damage
or injury to himself and/or any individuals employed or retained by himself in connection
_ with the erection, operation, maintenance and/or repair of its communications equipment,
'and hereby release LICENSOR from liability in connection with any such claims. For
purposes of this section, "LICENSOR" includes Augusta, Georgia, the Augusta-Richmond
County Commission, and all officers, elected officials, agents, representatives and
employees of same, and "Hazardous Materials" means any and all polycholrinated
byphenyls, petroleum prQducts, asbestos, urea formaldehyde and other hazardous or toxic
materials, wastes or substances, any pollutants, and/or contaminants, or any other similar
substances ormaterial~.",which are defined or identified as such in or regulated by any
federal, state _ or local ,Iayvs, rules or regulations (whether now existing or hereinafter
enacted) pertaining to environmental regulations, contamination, cleanup or any judicial or ,
administrative interpretation of such laws, rules or regulations or any substances that after
release into the environment and upon exposure, ingestion, inhalation, or assimilation,
either directly from the environment or directly through food chains will or may reasonably
be anticipated to cause death, disease, behavior abnormalities, cancer or genetic
abnormalities.
Without limiting the foregoing, LICENSEE further agrees to maintain at all times
during said period, at LICENSEE's expense, comprehensive and general public liability
insurance coverage against claims for personal injury, death and/or property damage
occurring in connection with the use and occupancy of the Licensed Premises or arising
out of its ownership, improvement, repair or alteration of the Licensed Premises with limits
of coverage of not less than $500,000.00 for personal injury (including death) per person
and $1,000,000.00 per occurrence and not less than $tOOO,OOO.OO for property damage.
The cost of premiums for all policies of insurance required by this Agreement shall be paid
by LICENSEE.
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All policies providing insurance coverage required to be maintained by LICENSEE
hereunder shall list LICENSOR, the Augusta-Richmond County Commission and its
Mayor, LICENSEE and its officers, agents, members, employees and successors as '
additional insureds, as their interests may appear, and shall be issued by an insurance
carrier or carriers licensed to do b4siness in the State of Georgia and reasonably
acceptable to LICENSOR. All such policies shall provide that no act or omission of
LICENSEE or its agents,servant$, or employees shall in any way invalidate any insurance
coverage for the other additional insureds. No insurance policy providing any insurance
coverage reqLlire"d to be provided by LICENSEE hereunder shall be cancelable without at
least 15 days advance written notice to LICENSOR. Certificates of insurance for all
policies required hereunder, or copies thereof, shall be provided to LICENSOR by
L1CENSEE.:.7L1CENSEE shall have LICENSOR named as additional insured and provide
LICENSOR with a Certificate of Insurance evidencinQ such insurance. Licensee will
provide insurance certificate within thirty (30) days of execution of this License Aqreement
and LICENSEE shall have renewed insurance certificates sent to LICENSOR every year.
12. CONTINGENCIES: This Agreement is contingent upon approval by resulting
governmental' authorities. In the event such approval is withheld or subsequently
withdrawn, or in the event that LICENSEE's use of said Tank is otherwise encumbered or
determined to be inconsistent with the interest of LICENSOR'S use of the Premises, either
party hereto, subject to all other terms and conditions of this Agreement, shall have the
right to terminate this Agreement by ninety (90) days advance written notice to the other
party, and said termination shall release LICENSOR and LICENSEE from all further
obligations set forth herein one to the other. In such event, LICENSEE shall promptly
remove, at LICENSEE's sole expense, its Equipment
13. DEFAULT: Should LICENSEE fail to pay when due license fee or any other
amounts owed LICENSOR hereunder, or fail to cure any breach of any other provision of .
this Agreement after thirty (30) days written notice and demand with respect to monetary
obligations, or after sixty (60) aays following written notice and demand of any non-
monetary breach, unless otherwise specifically stated herein, LICENSOR may terminate
the Agreement immediately, without further notice, and require LICENSEE to remove, or
cause to be removed, all of LICENSEE's Equipment. LICENSEE shall, in such event,
remain liable for any and all costs incurred for removal of LICENSEE's Equipment, and, in
the event LICENSEE does not remove its Equipment within fifteen (15) days of termination
of this Agreement under the terms of this Paragraph 13, LICENSOR shall have the right,
but not the obligation, to remove LICENSEE's Equipment and be reimbursed for same
within thirty (30) days of invoice,. In such event, LICENSOR shall not be liable for any
damage to such equipment during its removal.
14. SURRENDER OF PREMISES: Upon expiration or termination of this
Agreement, LICENSEE, at its own cost and expense, shall completely remove or have
removed, up to three feet (3') below grade, all structures, including antennas and
associated mounting brackets (if not attached to the Tank), transmission equipment,
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concrete foundations, fences and other associated structures, and restore the Licensed
Premises to it~ original above grade condition, ordinary wear and tear excepted. If such
time for removal causes LICENSEE to remain on the Licensed Premises and Tank after
the termination or expiration of this Agreement, LICENSEE shall pay license fee at the then
existing monthly pro-rata basis, until such time as the removal of LICENSEE's personal
property and fixtures are completed.
Any and all interference or damage caused to the Premises or to the equipment of
any other LICENSEE or tenants at the Premises by such removal shall be immediately
repaired or eliminated by LICENSEE at Licensee's sole cost and expense. If LICENSEE
fails to make such repairs within three (3) days after the occurrence of such damage, injury
or interference, LICENSOR may perform all the necessary repairs, at LICENSEE's sole
cost and expense, and such sum shall be due within thirty (30) days of LICENSEE's receipt
of an invoice detailing the costs associated therewith.
15. INTERFERENCE:
(a) LICENSEE's Equipment shall not cause stray currents that will in any
way damageJhe integrity_ of the Licensed Premises.
(b) LICENSEE agrees to install equipment of types and frequencies which
will not cause interference to LICENSOR or other occupants of the Premises which are in
place on the;o Tank as ,of the date of this Agreement. If requested by LICENSOR,
LICENSEE shall provide a detailed RF interference analysis showing,potential conflicts
. between LICENSEE's frequencies and those of LICENSOR or other occupants already in .
place on the Tank. In the event LICENSEE's equipment causes such interference,
LICENSEE shall take all steps necessary to correct and eliminate the interference. If said
interference cannot be eliminated within forty-eight hours after receipt of written notice from
LICENSOR to LICENSEE, LICENSEE shall temporarily disconnect the electric power and
shut down LICENSEE's Equipment (except for intermittent operations for the purpose of
testing, after performing maintenance, repair, modification, replacement or other action'
taken for the purpose of correcting such interference) and if such interference is not
corrected within thirty (30) days after receipt of said written notice, LICENSEE agrees to
remove LICENSEE's Equipment from the Licensed Premises and this Agreement shall
then terminate without further obligation on either part except as may be specifically
enumerated herein.
LICENSEE hereby acknowledges that LICENSOR may have licensed, and will
continue to license space at and upon the Premises and the Tank to third parties for the
installation and operation of radio communications facilities. LICENSEE accepts this
Agreement with this knowledge and waives any and all claims against LICENSOR resulting
from or attributable to interference caused by present or future equipment, facilities or
methods of operation employed by LICENSOR in its business upon the Premises.
LICENSEE also waives all claims against LICENSOR arising from interference resulting to
LICENSEE by virtue of equipment, facilities or operations employed by any other licensee
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or tenant of L...ICENSOR in its business upon the Premises. In the event that any such
interference ,occurs that: materially interferes with LICENSEE's utilization of the Site,
LICENSEE, as its sole remedy, in lieu of any and all other remedies at law or in equity,
may terminate this Agreement atany time 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, that such termination will not be effective if .
LICENSOR eliminates such interference within thirty (30) days of Licensee's termination
notice. Licensee shall pay LICENSOR any fees due for the period up to the terminationof
this Agreement. Any advance payment for periods after the termination of this Agreement
will be reimbur$ed to UCENSEE.
(c) In the event LICENSOR enters into license or lease agreements with
others for the Premises, then LICENSOR agrees to require such lessees or licensees to
install equipment oUypes and frequencies that will not cause interference to LICENSEE's
communications operations being conducted on the Licensed Premises. LICENSOR
agrees that in the event such lessee or licensee causes interference with LICENSEE's
equipment, LICENSOR shallrequire such lessee or licensee to take all steps necessary to
correct and eliminate the interference. If said interference cannot be eliminated within
forty-eight hours after receipt Qf notice of the existence of the interference from LICENSOR
to such lessee or licensee, LICENSOR shall cause such lessee or licensee to disconnect
th'e electric power and shut down lessee or licensee's equipment (except for intermittent
operations for the purpose of testing, after performing maintenance, repair, modification, ;
replacement.or other action taken for the purpose of correcting such interference) and if
such interference is not corrected within thirty (30) days after receipt of said written notice
by such lessee or licensee, LICENSOR shall, upon LICENSEE's request, cause such
lessee or licensee to remove itsiequipment from the Premises.
LICENSOR reserves the right to require LICENSEE to relocate one or more of its
antenna(s) on the Tank and, LICENSEE agrees to relocate said antenna(s), at
LICENSOR's expense, to be rE?imbursed within thir:ty (30) days of receipt of invoice,
provided, and only in the event that, said relocation does not substantially diminish
LICENSEE's RF signal co.nnectio.n to. LICENSEE's co.nnecting sites.
16. ASSIGNMENT: SUBLETTING:
a. This Agreement may not be sold, assigned, or transferred without the
written consent of LICENSOR, such consent not be unreasonably withheld or delayed;
provided, however, that LICENSEE may assign this Agreement, without the prior consent
of LICENSOR, to any successor by merger to LICENSEE or to any affiliate of LICENSEE.
Any permitted assignment shall be on the condition that the assignee is bound by all of the
terms, conditions and provisions of this Agreement. Assignment shall not release
LICENSEE from any liability occurring or arising prior to the date of assignment.
b. Additional'y; LICENSEE may, with prior written approval of
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LICENSOR, mortgage ,or grant a security interest in this Agreement and LICENSEE's
equipment, a[ld may assign this Agreement and such equipment, to any such mortgagees
or holders of security interests including their $uccessors or assigns (hereinafter collectively
referred to as"Mortgagees"). In such event, LICENSOR shall execute such consent to:
licensehold financing as may reasonably be required by Mortgagees. LICENSOR agrees
to notify L1CENSEEan,d LICENSEE's Mortgagees simultaneously of any default by
LICENSEE and to give Mortgagees the same right to cure any default as LICENSEE
o except that the cure period for any Mortgagee shall. not be less than ten (10) days after
receipt of the default notice. It is expressly understood that LICENSEE's equipment'
referenced in this Agreement is considered personalty of LICENSEE, and that the property
on which LICENSEE's equipment may be., located pursuant to this Agreement is the
property of LICENSOR ,Any mortgage or granting of a security interest or assignment,
under this Subsection b. shaH concern only L1CENSEE:'s personalty and shall in no way be
considered as mortgaging or granting asecurity interest in or assigning any rights as to any
of L1CENSO~'s real property.
c. L1CI;NSEE may not sublet any portion of the Licensed Premises.
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17. NOTICE: All noticesnereunder must be in writing and shall be deemed valid, if
sent by certified mail, return receipt requested, or by any national courier service which
requires proof of receipt,addres~ed as follows, or sent to any other address that the party
to be notified may have designated to the sender by like notice at least thirty (30) days
prior:
Fax #
E-Mail
As to the LICENSOR:
. Augusta-Richmond County Commission
c/o Administrator
Room 801, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 3091.1
With copies:
Augusta Utilities
,Director, Augusta Utilities Dept.
360 Bay St.
Suite 180
Augusta, Ga. 30901
As to the LICENSEE:
Cingular Wireless
Atto: _ Network Real Estate
6100 Atlantic Boulevard
Mail Code GAN02
Norcross, GA 30Q71
Fax: 678.418.4166
With copies:
Cingular Wireless LLC
Attn: Legal Department
5565 Gleniridge Connector
Suite 1700 ..
Atlanta, GA 30342
678-418-4166
18. BINDING AGREEMENT: This Agreement shall extend to and bind the heirs;
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personal representatives, successors and assigns (when allowed to be assigned) of the
parties hereto.
19. CONDEMNArION: If the whole of the Licensed Premises, or such portion
thereof as will make the Licensed Premises unusable for the purposes herein licensed, are
condemned by any legally constituted authority for any public use or purpose, or sold under
threat thereof, then in either of said events the term hereby granted shall cease from the
time when possession of .the Licensed Premises, inclusive of the Tank, is taken by public
authorities, and rental shall be a.ccounted for as between LICENSOR and LICENSEE as of
that date on a pro-rata basis for rents paid in advance. Any lesser condemnation shall in
no way affect the respective rights and obligations of LICENSOR and LICENSEE
hereunder. Nothing in this provision shall be construed to limit or affect LICENSEE's right.
to an award of compensation of any eminent domain proceeding for the taking of .
LICENSEE's .~ntenna an.o equipment, if taken.
20. GOVERNING. LAWS: This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State of Georgia.
21. FINAL AGREEMENT; AMENDMENTS: This Agreement represents the final
agreement ofthe parties and no agreements or representations, unless incorporated into
this Agreement, shall be. binding on any of the parties. This Agreement may not be
amended except by a writing signed by all parties.
22. L1CENSEHOLD. NOT USUFRUCT: This Agreement, if LICENSEE exercises
the Option, grants to L1Q~NSEE a licensehold estate and not merely a usufruct.
23. SEVERABILI:ry: If any term of this Agreement is found to be void or invalid,
such invalidity shall not affect the remaining terms of this Agreement, which shall continue
in full force and effect.
24. AUTHORITY: Each of the undersigned warrants that he or she has the full
right, power and authority to execute this Agreement on behalf of the party indicated.
25. MISCELLANEOUS: At the request of LICENSEE, LICENSOR agrees to
execute a memorandum or short form of this Agreement in recordable form, setting forth a
description the Licensed Premises, the term of this Agreement and other information
desired by LICENSEE, for the purpose of giving public notice thereof to third parties.
26. VENUE: All claims, disputes and other matters in question between the
LICENSOR and the LICENSEE arising out of or relating to this Agreement, or the breach
thereof, shall be decided in the Superior Court of Richmond County, Georgia. The
LICENSEE, by executing this Algreement, specifically consents to jurisdiction and venue in
Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
13
'..
SIGNATURE PAGE FOR CO-LOCATION LICENSE AGREEMENT BY AND BETWEEN AUGUSTA,
GEORGIA, AND CINGULAR WIRELESS FOR A WATER TANK LOCATED AT
3936 Belair Rd.. AUGUSTA, GEORGIA
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year written below.
LICENSOR
:UG~~IA
~ .....t~
~-U:r~ 'I) In~Lu ~
Unofficial Witness .. (/'-7
Y/~il7h~. AtteS\ -"80-n--.--- -~
NOTARY UBLlC .' Clerk .
o i' . Notary Public. Columbia County, Georgia
My Commission Expires: My Commission Expires Aug. 1,2001$
(NOTARIAL SEAL)
'~d, sealed a d delivered this
day of , .
2003, in the pres ce of:
(SEAL)
LICENSEE:
BELLSOUTH PERSONAL
COMMUNICATIONS, LLC, a Delaware
limited liability company, d/b/aCingular .
Wireless
By~~fL ~
Vif\(Q.n+ R. Ctc..w')(y,
--.prssidE'nL &:ec4.:h'vt.. OlrtC.~
NOTARY P
~\\\" 14ff1(~ r---..r
My Commission ~~J~ . ~
(NOTARIAL S~) Ooc,()~Mlssio4.o.-,<,-~
~.... ...~. ",0. -;S) ~
- .oro ~ r:.... '+ . .(,-
': :,'J ~: =
- 00 <8 "",-
- 0 rn ")1'\ '" . -
::.., ..,.. <"',06 .:;
,....,~.~ .~....
~O.~A ... . .or;::
""- r),.. va ~.,r 0 ~
~-:;...o.. GEO\\":oo S"
~ ~~.o...\(j ~
"III PUB\.. ~,,,,
"""11 "'\\\\~
(CORPORATE SEAL)
.14
Exhibit '~A" ,
1. Tank Owner:
Augusta, Georgia
2. Address of Tank: 3936 Belair Road
Augusta, GA 30911
3. Coordinates: LT: 320 -27' -44.231" by LN: 820 -07' - 27.558"
4. 1ank Height: 146.09' AGL(to_top of light, highest overall height)
15
Exhibit "B"
1.
Frequencies:
Transmit: 1965-1970 MHz
Receive: 1885-1890 MHz
2. FCC call letters: KNLH473 (copy of FCC license to be attached as part of Exhibit C)
3. Type of Service: DiQital
4.
Transmitter(s)
Receiver(s)
Make: Nortel
Model: S8000
Power Output: 20 Watts
ERP: 1640 Watts
Number: Up to two (2)
Make:
Model:
Number:
5.
Antenna(s)
TVRO(s)
Make:RFS
Model:
Dimensions:
Number:
Type:
Gain (DB):
Make:
Model:
Diameter:
Number:
APXV18-2065515L..2
53.5" x 6.6" x 3.2"
Up to 9
Cross pole
(to be remitted to LICENSOR after completion of sweep testing)
6.
Transmission Line(s)
7. Generator - Type
Size
NIA
Make: Andrews
Size: 1 5/8" 8. Fuel Tank - Size NIA
Number: Up to 12
Line Type & Length: Alpha approx. 215'; Beta approx. 200'; Gamma approx. 140'
Line Loss (DB): _ (to be remitted to L1CENSOFfafter completion of sweep testing)
9. Antenna mounting height, mounting orientation, and floor and ground space usage
(attach sketch of orientation and floor and ground space usage)
(a) Up to 9 antennas mounted on the catwalk at the 115' level (mounting method and exact location subject to
review and approval by LICENSOR).
(b) Floorspace within LICENSOR's Equipment shelter measuring _N/A~' x _N/A_" for Licensee's _N/A_
radio cabinet(s) measuring _N/A_" x _N/A_" x _N/A_" (location and availability subject to LICENSOR's
approval). (Radio cabinets 50" or less in height are subject to stacking at LICENSOR's discretion)
(c) Ground space measuring 18' x 18' for Licensees cabinetslbuilding/enclosures, generator, fuel tank and
grounding rings, location and. availability subject to LICENSOR's approval.
10. Interference Suppression Equipment
Describe: Not Applicable
16
,. ::..
Exhibit "C"
(List and attach copiesof all licenses and permits, Phase I, Phase II, NEPA, SHPO
findings pertinent to the site, and a current insurance certificate)
FCC License - attached .
1-A Certification Letter -attached
Phase I with lead based paint analysis ~ attached
NEPA/SHPO- attached
Building Permit - to be attached
Current Insurance Certifi,cate - to be attached
17
UTI~IT~ SEAUICE CCmmUNleATIONS cc.~ inc
SITE SAFETY REQUIREMENTS
Tank Owner: Augusta Utilities
Tank Location: 3936 Belair Rd., Auausta, Ga.
Date: August 15, 2003
.
At this facility wherein RF fields are present, centralized control will be
exercised over the installation and operation of RF energy producing
equipment, including transmitting antennas, as well as safe work practices
to ensure compliance with human exposure limits defined in IEEE C95.1-
1999 and all applicable Federal regulations related to RF field exposure.
This includes those rules and regulations of the Federal Communications
Commission (FCC) and Occupational Safety and Health Administration
(OSHA) as well as any applicable state or local regulations and ordinances
for the general worker population at the facility to preclude injurious
exposure to all personnel. At this facility, activities shall be conducted in
conformance with the provisions of this RF Safety Program and applicable
Federal and state regulations. Contractors working at this site must have
their own safety plan including these minimum requirements.
.
Confined Space / Training
.
CPR/First Aid / Training
.
Fall Protection
.
RF Emissions Training within last 12 months
.
RF Monitor worn if individual is at same elevation as antennas
unless antennas are shut down and locked out.
.
Lock Out / Tag Out Procedures.
b.' ULS License - PCS Broadband I,.icense:; KNLH473 - BellSouth Personal Communicatio?Bt LLC Page 1 of2
UlS Ucense
pes Broadband License.. KNLH473 - BellSouth Personal
Communications, LLC
Call Sign
Status
Mark.
Market
Submarket
KNLH473
Active
Radl.o Service
Auth Type .
BTA026 - Augusta, GA
o
Channel Block
AssOcIated
Frequencies
(MHz)
D...
Grant 04/28/1997
Effective 04/0312001
Bulklout DuelllRa
1st . 04/28/2002
Notlfk:etlon Da~
1st 09/07/2001
expiration
cancellation
2nd
2nd
Licensee .
UcenseeID
SGIN .
FRN
0004205977
LOOOOO960
001
LJw.....
BeIlSouth PersOnal Corylmunlcatlons, UC
17330 Preston Road, Suite l00A
Oallas, TX 75252
ATTN FCC Group.
cw - PCS Broadband
Regular
E
1885.00000-1890.00000'
1965.00000-1970.00000
04/28/2007
Type
Umlted
Uablltty
Corporation
P :(972)733-2000
F:(972)733-2852
E:Char1es.Featherstun@beJlSOuth.com
COntact
Clngular Wireless LlC
Cedi J Mathew
17330 Preston Road, Suite 100A
Dallas, TX 15252
P: (972)733-2349
F:(972)733-2852 .
E:Char1es.FeatherstunObellsoultl.com
Qualifications, Ow~Ip, .nd Demographics
Radio Service Type Mobile
Regulatory Status Common Canter ln~rconnected? Yes
0... Own.....lp
The Applicant answered .No. to each of the Allen OWnership questions.
....c QueU"catloM
The Applicant answered .No. to each of the .Baslc Qualification' questions.
TrlMI lAnd IIICId1ntl Crecllta .
This license did not have tribal land bidding credits.
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ULS License. pes Broadband License,- KNLH473 - BellSouth Personal Coii1mwUcati~t LLC Page 2 of2
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http://wireless2.fcc.govlUlsApPIUlsSearcbllicense.jsp?licKey=I0642&printable
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'. ULS-GIS - PCS Broadband License - K.NLH473 - Bell South PcmiOIl8l Communications,.LLC
PCS Broadband Ucense - KNLH473 -tBellSoutn Personal CommunlcatlonSt LLC
ULS-GIS
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Page 1 of 1
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Tank Name & No.: A-ugusta Utilities
Location: 3705 Fairington Drive, Hepzibah, GA 30815
Carrier Name: AOl
Carrier I.D.: 026-158
.-
CO-LOCATION LICENSE AGREEMENT
THIS CO-LOC liON LICE SE AGREEMENT (the "Agreement") is entered into I
this L~ cl9Y of _'.. ..py and between AUGUSTA,
GEORGIA (hereinafter rerred. to as "L1~ENSQR") and BELLSOUTH PERSONAL:
COMMUNICATIONS, LLyC, a Delaware LLC, dba CINGULAR WIRE~ESS (hereinafter
referred to as "LICENSEE"). .
WHEFfEAS, LICENSOR owns a certain parcel 01 property located at 3705 Fairington
Dr., Hepzibah, Georgia, which property is more specifically described in Exhibit "A"
attached hereto and made a part hereof (the "Premises"), and LICENSOR owns a water
tank (hereinafter referred to as the "Tank") erected on the Premises; ahd
WHEREAS, LICENSEE desires to License certain designated space on the
Premises and the Tank Jthe "Licensed Premises").
NOW "THEREFORE, for and in consideration ofthe mutual promises and covenants
contained her~in, and other goodand valuable consid~ration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto, intending to be legally bound, do
hereby agree as follows. ~~ - e
1. LICENSED PREMISES; USE OF LICENSED PREMISES: LICENSOR hereby
grants permission to LICENSEE to erect, maintain, repair, (within the square footage
allowed under the terms 0fthis Agreement) and operate the following communications
equipment ("Equipment"), described in greater detail on Exhibit "8" attached hereto, for
the purpose of a communications facility and uses incidental thereto:
(a) Up to 9 antenna(s) at 101' AGL on the Tank.
(b) Up to 12 flexible coaxial transmission lines and/or wave-guide(s) between
antenna(s) and radio eqLJipment anchored to the Tank.
(c) Radio transmission equipment consisting of a transmitter/receiver
operating at a frequency of 1965-1970 MHz TX 1885-1890 MHz RX using call letters
KNLH473 assigned by the FCC, and accessories to be installed in LICENSOR's equipment
shelter near the base of the Tank ('Equipment Shelter") or the LICENSEE's equipment
shelter, if any ("'LICENSEE's Equipment Shelter"), provided that LICENSEE hereby
covenants and agrees that it will not construct an equipment shelter or any other
1
J,~
improvement on the Premises without LICENSOR's prior written approval. No outside
storage of any kind at the Premises is permitted by this Agreement wHhout the prior
consent of the LICENSOR.. L . . ..
LICENSEE shalrturnish, to its unmanned equipment shelter, ~Iectricandtelephone
service for the operation of LICENSEE's Equipment. LICENSEE shall be solely liable for:
utility expenses relating to its installation and equipment. LICENSEE's electrical service
shall be separately metered and LICENSEE shall be "responsible for all costs associated
with metering, including the costof installing its meter or multi gang meter.
LICENSEE shall .use the liGen sed Premises for the purpose of com~tructirlg.,
installing, maintaining,. repairing, and operating, at LICENSEE's expense, a
communications facility, including antennas, buildings, and incidental uses. LICENSEE
shall not use the Licensed Premises for any other purpose without the express prior written,
consent of LICENSOR.
2. TERM: The term of this Agreement shall commence on the earlier of the start Of
the installation of the LICENSEE's equipment or September 1, 2003 ("Commencement
Date"), and shall continue for ~a period of five (5)years ("Initial Term"), with two (2)
additional five (5) year renewal terms ("Renewal Terms"). The Renewal Terms shall
, " . .
commence automatically without further action on the part of LICENSOR or LICENSEE;
provided, however that'BitherpartY may terminate this Agreementafthe expiration of the
Initial Term or at the expiration ofc:my Renewal Term by giving the other party not less than
six (6) months written notice.
This Agreement may be terminated at any time by LICENSEE with sixty (60) days,
written notice to the L1CENSOR,providinq that LICENSEE shall pay to LICENSOR on or :
prior to the date of .such ..terrnination of this Agreement a sum equal to seventy percent
(70%) of the aggregate regular .Iicense fees that wQuld be due hereunder during the
remaining term of thisAgreement or twelve (12) months site fees, whichever is less.
3. FEES: Beginning as of the Commencement Date of this Agreement, as
defined in Paragraph 2 above,~ LICENSEE shall pay as an annual "License Fee, in.
advance, the sum of Twenty One Thousand Six hundred and 0/100 dollars ($21,600.00).
Said sum shall be paid by LICENSEE on the anniversary of the Commencement Date
each year thereafter throughout the term of this Agreement.
Effective on the anniversary of the Commencement Date of this Agreement ar:ld
each anniversary thereafter of the Initial Term and any Renewal Term, the then current
License Fee payable by the LICENSEE to the LICENSOR shall be increased by an amount
equal to three percent (3%) over the total License Fee payable by the LICENSEE for the
preceding twelve (12) month period.
In addition to the License Fee payable by LICENSEE hereunder, LICENSEE .shall
pay to LICENSOR a non-refundable application fee of $2500.00, per tank, per application
2
/'
"
,t, ..
due upon LICENSOR's receipt of application for co-locc;ltiolJ. Additionally, oas,
compensation to LICENSOR for processing and exec.ution of this Agreement, J..ICENSi::E
shall pay to ,~ICENS()Ra non-refundable fee of $2500.00 within thirty (30) days of full
execution of This Agreement. .
Any License Fee, or any other additional fees set forth herein, shall be due and
payable, without necessity of a demand or invoice by LICENSOR, as specified herein and
LICENSEE shall pay an addition~:lI charge of five percent (5%) of the applicable fee made
. more then fifteen (15) dCiys after the due date.
".. i
The License Fee for any Renewal Terms shall be payable in the same manneras
the License Fee for theltlitial Term. . . ..' .,
Address Remittanc~ is Received From:
Cingular Wireless
610U Atlantic Blvd;
Mail Code GAN02
Norcross,~GA 30071.
Address Remittance!s Payable To:
Augusta Utilities
C/o Steve'"Little ..
360 Bay St.
Suite 180
Augusta, Ga. 30901
To ensure proper credit of remittance, please include the Licensed Premises name,
address and nD. number, which is: 3705 Farrinqtonbr. . .
4. TANK STUDIES: LICENSEE shall be solely responsible for conducting any and '
all Tank studies necessary to determine the feasibility of Tank loading due to LICENSEE's
installation. A Gross Structural analysis, periormed by a qualified structural engineer, of
sufficiency to confirm the structural integrity of the Tank to accommodate LICENSEE's
equipment, is required, atthe LICENSEE's expense, and shall be submitted to LICENSOR
for approval, which shall not be unreasonably withheld or delayed. Should Tank
modification pe required in order to accommodate the installation of LICENSEE's
Equipment upon the Tank, the cost of all such modifications shall be borne by LICENSEE.
LICENSEE shall submit plans and specifications to LICENSOR for written approval, not to
be unreasonably withheld or delayed, prior to commencement of any modification of the ,
Tank in accorc;lance with this Paragraph 4.
5. APPROVALS: LICENSEE is responsible for obtaining all necessary Federal,
State and local governm~ntal approvals.
3
/\
- ~, "
6. INSTAllATION; LICENSEE shall install, maintain, repair~ modify and operate;
its Equipment during the term hereof in compliance with all present and future laws, rules
and regulations of any local, State or Federal authority having jurisdiction with respect
thereto, including without limitatioq, the rules and regulations of the Federal
Communications Commission ("FCG~),the Federal Aviation Administration ("FAA") and the
Occupational Safety and Health Administration ("OSHA"). LICENSEE shall attach as
Exhibit "e" to this Agre~ment copies of all FCC operating licenses, and copies of other ....
licenses or permits, which it has been issued pertinent to this Agreement. Prior to the
. installation of any Equipment, ori:my modification or changes to the Equipment, if any (but;
excluding repairs, minor modifications and/or replacement with substantially similar
equipment), L;ICENSEE?hall comply with the followil1gterms and conditions:
All work performed at the Licensed Premises in connection with the installation, .
maintenance, operation, modification, and removal of LICENSEE's Equipment shall be
performed at LICENSEE's sole cost and expense, either by L1CENSEE~s employees orby
contractors approved by LICENSOR, such approval shall not tobe unreasonably withheld'
or delayed. L1CE~EE shall only allow fully trained technicians and authorized personnel
to work on its Equipment located at the Licensed Premises and sllch technicians and
authorized personnel will undertake such work only in compliance with applicable FCC,
OSHA and other government laws, rules, and regulations, including all laws, rules, and
regulations involving radio frequency (RF) radiation emission and/or safety work standards
for work performedo on' or near communications towers, water tanks and antenna sites. i
LICENSEE shall provide reasonable certification of its compliance with the foregoing
requirements as well as similar reasonable certification from all technicians and/or. service
people contracted by it to work on the Licensed Premises. Such certification of compliance
is to be provided_atthetirne designation of a contractor is made to the LICENSOR by the,
LICENSEE, as well as provided at such time as LICENSOR may request. LICENSEE shall
re,quire all coptractors,as.. a condition of their engagement, to agree to be. bound ~y
provisions identical to those set forth in this Agreement, specifically those provisions
relating to the indemnification of the LICENSOR and the insurance requirements set forth ,
herein. The engagement~ofacontractorby the LICENSEE shall [lot relieve the LICENSEE C
of any of its obligations under this Agreement. Workman-ship that does not meet ordinary
industry standards, and is therefore unsatisfactory to LICENSOR, must be repaired within
thirty (30) days of LICENSEE's receipt of written notice thereof from LICENSOR. If
LICENSEE fails to make, sl,/ch repairs, at LICENSEE's sole costand expense, within thirty
(30) days following receipt of such notice, LICENSOR may perform all the necessary
repairs at LICENSEE's sole cost and expense and such sum shall be due within thirty (30).
days of the rendering of an invoice, accompanied by reasonable documentation validating
same, by LICENSOR to LICENSEE, as an additional fee due hereunder.
(i) LICENSEE's equipment shall be clearly marked to show LICENSEE's
name, site name site I.D.and emergency contact information. All coaxial cable relating to
the Equipment shall be identified by LICENSEE's name and frequency at the bottom and
top of the line. LICENSEE shall be responsible for the proper signage at the Licensed
Premises per all regulatory requirements. A~ LICENSOR's request, LICENSEE shall
4
,". =
promptly deliver to~L1CENSOR writteh proof of compliance with all Federal, State,oand loca.l ,~
law$, rules and regulations in connection with any installation or modification of the
Equipment. -: . . .
All installation of Equipment on the Tank shall be accomplished in a manner that will
minimize the impact to the structural integrity of the Tank and its interior and exterior
coating. Installation of antennas and coaxial cables shall not create a safety hazard nor
interfere with the ongoing maintenance and/or operation of the Tank. LICENSEE shall
bear all cost and expense associated with repairing coatings damagedby the installation of'
LICENSEE's Equipment.' . .. .' ~
. .
LICENSEE, without liability of any kind to LICENSOR, may commence workonly
after LICENSOR has approved all studies, plans and specifications in writing.,
LICENSOR's approval shall not be unreasonably withheld or delayed.
LICENSEE agrees to comply with all of LICENSOR's reasonable requirements.
LICENSOR shall have the option to consult with LICENSEE's contractor as well as
engineers and consultants selec;:ted by LICENSOR for their review and approval, prior t9
any installation and/or modification that will require access to the Tank structure.
A final inspection must be completed bya representative of the LICENSOR,
at LICENSEE's expense, said expense to be $2,000.00, to be paidwithir"l thirty (30) days of
invoice by LICENSOR-to LICENSEE, as an additional fee due hereunder.. This inspection'
must be compJeted and a.pproved by LICENSOR prior to LICENSEE being allowed to>90
on air. LICENSEE must supply advance notice to LICENSOR to perform theinspettion. .
Such inspection, or the approval thereof, shall not be unreasonably withheld or delayed. ,
7. STANDARD OF PERFORMANCE: LICENSEE, at its sole cost and .expense,
shall cause tHe approved work to be done and completed in a good, substantial.and
workmanlike manner, free from faults and defects, and in compliance with all legal ,
requirements, and shall utilize only fitst class materials and supplies. LICENSEE shall be .
solely responsible for construCtion means, methods, techniques, sequences and
procedures, and for coor~inating all activities related to the work.
LICENSEE, at its sole cost and expense, shall be responsible for the maintenance
of its Equipment and its improvements, if any, in accordance with all applicable laws, rules,
ordinances and regulations.
8. PAYMENT OF COSTS AND EXPENSES: LICENSEE shall provide and pay for
all labor, materials, goods and'supplies, equipment, appliances, tools, construction
equipment and machinery and other facilities and services necessary for the proper
execution and completion of the work. LICENSEE shall promptly pay when due all costs
and expenses incurred in connection with the work. LICENSEE shall pay all sales,
consumer, use and similar taxes required by law in connection with the work, and shall
secure and ,pay for all pE:lrmits, fees and licenses necessary for the performance of tile
. . .
5
owork.
9. LICENSOR'S REPAIRS: LICENSOR will make, at its expense, all necessary
repairs and replacemerats, as well as alterations required by any governmental authority
having jurisdiction, in and to the Tank, unless the required repairs, replacements, or'
alterations are solely required for the LICENSEE's Equipment located on the Tank, and if
so, the LICENSEE shall make, at its expense, all necessary repairs, replacements, and
. alterations as required. LICENSOR shall have the right to require LICENSEE to remove its
antennas, cables and any other equipment located on the Tank, at LICENSEE's expense
for painting of the Tank. LICENSOR shall give LICENSEE thirty (30) days notice of the
requirement to remove such equipment, and should LICENSEE fail or refuse to remove
same, LICENSOR shallohave the right to rernove same and charge LICENSEE for all costs
. of removal. In no even(will L1CENSOHbe liable for any costs, expenses, 16ss of income,
or damages resulting from the removal of such antennas, cables and any other equipment
located on th.e Tank shoLjld L1CE;NSEE so fail or refuse to remove same.
LICENSEE will have no c1air:n agains~ LICENSOR for such interference or interruption.
Contact for LICENSEE notification under this Paragraph 9 (in addition to
standard notiGes as provided for in Paragraph 17 hereinbelow): " ,
Address:
5600 Glenridqe Drive, Suite 301
Atlanta. GA30342
Heal. Estate/Construction Manaqer
Jack-Gill /404-713-0183:
Title:
Phone No.:
-
..' .~
. '. ,- .~- .. ,:4~~sw,;
10. LICENSEE'S REPAI.RS: LICENSEE shall maintain in a good state of repair, and in .
good operating conditiOn, its ground space, antennas, transmitting and other equipment, all
in accordance with gOQd. engineering practices and applicable" governmental rules and
regulations. In thoe event inspection, maintenance or repairs toL.lCENSEE's Equipment is '
required, LICENSEE shall use qualified technicians and submit for LICENSOR's prior
approval the names of technicians or contractors pr()posed to make necessary ascer'lts.
and descents of LICENSOR's Tank, exclusive of emergency situations.
In the event of an emergency, LICENSEE shall have the right to make such or repairs
following verbal notice to LICENSOR of its intent. LICENSOR's designated emergency
notice number is: 1-706;.796-5010, which is the Dispatcher Department of LICENSOR.
In the event that L1CENSEE,after verbal notice to LICENSEE by LICENSOR to the
emergency number stated on thesignage at the Licensed Premises of the requirement of
an emergency repair requirement that affects the integrity of the Tank, does not respond to
same within six (6) hours, LICENSOR shall have the right, but not the obligation, to make
such emergency repairsoon LICENSEE's behalf and invoice LICENSEE for all costs
associated therewith. Sa.id invoice shall be payable within thirty (30) days of receipt by
LICENSEE. '
6
Any structural modification, repairs, additions or improvements to the Tank,
excluding LICENSEE'S lines and antennas, shall become the property of the L19ENSOR.
11. INDEMNIFfcATION AND INSURANCE: LICENSEE agrees to indemnify and.
hold harmless LICENSOR from any and all claims in any way related to or arising out of
LICENSEE'S leasing and use of the Licensed Premises (including without limitation
LICENSEE's use of Hazardous Materials on or about the Licensed Premises) or related to
or arising out of any damage or injury to property or persons, occurring or allegedly
occurring .in, on or about the Lic(;3nsed Premises during the period from the
Commencement Date of this Agreement to the end of the term of this Agreement (to
include any Renewal Terms), including reasonable attorney's fees and expenses of
litigation incurred by LICENSOR in connection therewith. L1CliNSEE further agrees that
the foregoing pgreementto indemnify and hold harmless applies to any claims. fOJ damage
or injury to himself and/dr any individuals employed or retained by himself in connection
with the erection, operation, maintenance and/or repair of its communications equipment,
and hereby release LICENSOR from liability in connection with any such claims.. For
purposes of this section, "L1CEN'SOR" includes Augusta, Georgia, the Augusta':Richrilond
County Comr;nission, and all officers, elected offiGials,agents, representatives and,
employees Of same, and "Hazardous Materials'" means any and all polycholrinated
byphenyls, petroleum pxoducts, asbestos, urea formaldehyde andotherhazardous or toxic '
materials, wastes or substances, any pollutants, and/or contaminants, or any other similar'
substances or materials which are defined or identified as such in or regulated by any
federal, state or local laws, rules or regulations (whether now existing or hereinafter
enacted) pertaining to environm~ntal regulations, contamination, cleanup or any judicial or
administrative interpretatior] of such laws, rules or regulations many substances that after ,
release into the environment and upon exposure, ingestion, inhalation, or assimilation,.
either directly from the environment or directly through food chains will or may reasonably
be anticipated to cause death, disease, behavior abnormalities, Gancer or genetic
abnormalities.
Without limiting the foregoing, LICENSEE further agrees to maintain at all times
during said period, at L10ENSEE's expense, comprehensive and general public liability
insurance coverage against claims for personal injury, death and/or property damage
occurring in connection with the use and occupancy of the Licensed Premises or arising
out of its ownership, improvement, repair or alteration ofthe Licensed Premises with limits
of coverage of not less than $500,000.00 for personal injury (including death) per person
and $1,000,000.00 per occurrence and not less than $1,000,000.00 for property damage.
The cost of premiums for all policies of insurance required by this Agreement shall be paid
by LICENSEE.
All policies providing insurance coverage required to be maintained by LICENSEE
hereunder shall list LICENSOR, the Augusta-Richmond County Commission and its
7
.'
. Mayor, LICENSEE and its officers, agents, members, employees and successors as
additional insureds, as their interests may appear, and shall be issued by an insurance
carrier or caliriers licensed to do business in the ,StCite .of Georgia and reasonably
acceptable to LICENSOR. All such policies shall provide that no act or omission of
LICENSEE or its agents, servants, or employees shall in any way invalidate any insurance
coverage for the other additional insureds. No insurance policy providing any insurance'
coverage required to be provided by LICENSEE. hereunder shall be cancelable without at.
least 15 days advance written notice to LICENSOR. Certificates of insurance for aI'
policies required hereunder, or copies thereof, shall be provided to LICENSOR by
L1CENSEE.L1CENSEE shall have LICENSOR named as additional insured and provide (
LICENSOR with a Certificate of Insurance evidencing such insurance. Licensee will
provide insurance certificate within thirty (30) days of execution of this License Agreement
and LICENSEE shall have renevved insurance certific~tes sent to LICENSOR every year.
12. CONTINGENCIES: This Agreement is contingent upon approval by resulting
governmental' 'authorities. In the event such approval is withheld or sub$equently
withdrawn, or in the eventthat LICENSEE's use of said Tank is otherwise encumbered or
determined to be Inconsistent with the interest of LICENSOR'S use of the Premises" l?ither
party hereto, subject to all other terms and conditions of this Agreement, shall have the
right to termingte this Agreement by ninety (90) days advance written notice to the other
party, and said termination shall release LICENSOR and LICENSEE from all further'
obligations set forth herein one to the other. In such event,UeENS~E shall promptly!
remove, at LICENSEE's sole expense, its Equipment.
13. DEFAULT: Should LICENSEE fail to paywhen due License fee or any other
amounts owed LICENSOR hereunder, or fail to cure any breach of aoyother provision of ,
this Agreement after thirty (30) days written notice and demand withtesped to monetary
obligations, or after sixty (60) days following written notice and demand of any non-
monetary breach, unless otherwise specifically stated herein, LICENSOR may terminate
the Agreement immediately, without further notice, and require LICENSEE to remove, or
cause to be removed, all: of L1CI;NSEE's Equipment. LICENSEE shall, in such event,
remain liable for any and all costs incurred for removal of LICENSEE's Equipment, and, in
the event LICENSEE doe~ not remove its Equipment within fifteen (15) days of termination
of this Agreement under the terms of this Paragraph 13, LICENSOR shall have the right,
but not the obligation, to 'remove LICENSEE's Equipment and be reimbursed for same .
within thirty (30) days ofilwoice,. In such event, LICENSOR shall not be liable for any 1
damage to such equipment during its removal.
14. SURRENDER OF PREMISES: Upon expiration or termination of this
Agreement, LICENSEE, at its own cost and expense, shall completely remove or have
removed, up to three fe,et (3') below grade, all structures, including antennas and
associated mounting brackets (if not attached to the Tank), transmission equipment,
concrete foundations, fences and other associated structures, and restore the Licensed
Premises to its original above grade condition, ordinary wear and tear excepted. If such
time for removal causes LICENSEE to remain on the Licensed Premises and Tank after
8
the termination or expiration of this Agreement, LICENSEE shall pay license fee at the then
existing monthly pro-rata basis, until such time as the removal of LICENSEE's personal 0
property and fixtures are completed.
Any and all interference or damage caused to the Premises or to the equipment of
any other LICENSEE or tenants at the Premises by such removal shall be immediately
repaired or eliminated by LICENSEE at Licensee's sole cost and expense. If LICENSEE
fails to make such repairs within three (3) days after the occurrence of such damage, injury
or interference, LICENSOR may perform all the necessary repairs, at LICENSEE's sole
cost and expense, and such sum shall be due within thirty (30) days of LICENSEE's receipt
of an invoice detailing the costs associated therewith.
15. INTERFERENCE:
(a) LICENSEE's Equipment shall not cause stray currents that will in any
way damage the integrit~ of the Licensed Premises. ., " ."
(b) LICENSEE agreesto install equipment of types and frequencies which
will not cause interference to LICENSOR or other occupants of the Premises which are in '
place on the Tank as of the date of this Agreement. If requested by LICENSOR;
LICENSEE shall provide a detailed RF interference analysis showing potential conflicts
between LICENSEE's frequencies and those Of LICENSOR or other occupants already in
place on the Tank. In 4hec event LICENSEE's equipment causes such interference, ,
LICENSEE shall take all steps necessary to correct and eliminate the interference. If said
interference cannot be eliminated within forty-eight hours after receipt of written notice from
LICENSOR to LICENSEE, LICENSEE shall temporarily disconnect the electric power and
shut down LICENSEE's Equipment (except for intermittent operations for the purpose of
testing, after performing maintenance, repair, modification, replacement or other action
taken for the purpose of correcting such interference) and if such interference is not
corrected within thirty (30) days after receipt of said written notice, LICENSEE agrees to
remove LICENSEE's Equipment from the Licensed Premises and this Agreement shall
then terminate without further obligation on either part except as may be specifically
enumerated herein.
LICENSEE hereby acknowledges that LICENSOR may have licensed, and will
continue to license space at and upon the Premises and the Tank to third parties for the
installation and operation of radio communications facilities. LICENSEE accepts this
Agreement with this knowledge and waives any and all claims against LICENSOR resulting
from or attributable to interference caused by present or future equipment, facilities or
methods of operation employed by LICENSOR in its business upon the Premises.
LICENSEE also waives all claims against LICENSOR arising from interference resulting to
LICENSEE by virtue of equipment, facilities or operations employed by any other licensee
or tenant of LICENSOR in its business upon the Premises. In the event that any such
interference occurs that materially interferes with LICENSEE's utilization of the Site,
LICENSEE, as its sole remedy, in lieu of any and all other remedies at law or in equity,
9
~) "
may terminat~ this t\greemel1t at any time 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, that such termination will not be effective if
LICENSOR eliminates sLich interference within thirty (30) days of Licensee's termination ~
notice. Licensee shall pay LICENSOR any fees due for the period up to the termination of
this Agreement. Any advance pa'ymentfor periods after the termination of this Agreement
will be reimbursed to LICENSEE.
(c) In the event LICENSOR enters into license or lease agreements with
others for the PremisesdhenLlCENSOR agrees to require suCh lessees or licensees to
install equipment of types and frequencies that will not cause interference to LICENSEE's
,communications operations, beiog conducted on the Licensed Premises. LICENSOR
agrees that in the event such lessee or licensee causes interference with LICENSEE's
equipment, LICENSOR ~!1all require such lessee or licensee to take all steps necessary to
correct and eliminate. Hie interference. If said interference cannot be eliminated within
forty-eight hours after rec:;eipt of r;lOtice of the existence of the interference from LICENSOR
to such lessee or licensee, LICENSOR shall cause such lessee or licensee to disconnect
the electric power and shut down lessee or licensee's equipment (except for intermittent
operations for the purpQsJ3 of te~ting, after performing maintenance, repair, modification,
replacement or other action taken for the purpose of correcting such interference) and if
such interference is not corrected within thirty (30) days after receipt of said written notice
by such lessee or licensee, LICENSOR shall, upon LICENSEE's request, cause such
lessee or licensee to rer;npve its?quipment from the Premises.
LICENSOR reserves the right to require LICENSEE to relocate one or more of its
antenna(s) on the Tank and. LICENSEE agrees to relocate said antenna(s), at
LICENSOR's expense, to be reimbursed within thirty (30) days of receipt of invoice,
provided, ancL only in ,the event that said relocation does not substantially diminish
LICENSEE's RF signal connection to LICENSEE's connecting sites.
16. ASSIGNMENT; SUBLETTING:
a. This Agreement may not be sold, assigned, or transferred without the '
written consent of LICENSOR, such consent not be unreasonably withheld or delayed;
provided, however, that LICENSEE may assign this Agreement, without the prior consent
of LICENSOR, to any successor by merger to LICENSEE or to any affiliate of LICENSEE.
Any permitted assignment shall be on the condition that the assignee is bound by all of the .
terms, conditions and provisions of this Agreement. Assignment shall not release
LICENSEE from any liability occurring or arising prior to the date of assignment.
b. Additionally, LICENSEE may, with prior written approval of
LICENSOR, mortgage or grant a security interest in this Agreement and LICENSEE's
equipment, an.d may assign this Agreement and such equipment, to any such mortgagees
or holders of security interests including their successors or assigns (hereinafter collectively
10
"
referred to as "MortgageesU). In such event, LICENSOR shall execute such consentto
licensehold financing as may reasonably be required by Mortgagees. LICENSOR agrees
to notify LICENSEE and LICENSEE's Mortgagees simultaneously of any default" by
LICENSEE and to give Mortgagees the same right to cure any default as LICENSEE,
except that the cure period for any Mortgagee shall not be less than ten (10) days after
receipt of the default notice. It is expressly understood that LICENSEE's equipment
referenced in this Agreement is considered personalty of LICENSEE, and that the property
on which LICENSEE's equipment may be located pursuant to this Agreement is the
~property of LICENSOR. Any mortgage or granting of a security interest or assignment~
under this Subsection b. shall concern only LICENSEE's personalty and shall in no way be
considered as mortgaging or granting a security interest in or assigning any rights as to,any
of LICENSOR's real property.
, ,
c. LICENSEE may not sLJbletany portion of the Licensed Premises.
17. NOTICE~ All notices hereunder must be in writing and shall b~ deemed
valid, if sent by ce-rtified mail, return receipt requested, or by any national courier
service which req~ires proof of receipt, addressed as follows, or sent to ,any other
address that the party to~be notified may have designated to the sender by like
notice at least thirty (30) days prior:
As to the LICENSOR:
Augusta-Riehmond County Commission
c/o Administrator '
Hoom801, Municipal Bldg (11)
$30 Greene Street'
Augusta, Georgia 30911
With copies:
Augusta Utilitie,s
Director, Augusta Utilities Dept.
360 Bay St.,
Suite 180
~ugusta, Ga. 30901
As to the LICENSEE:
Cingular Wireless
Attn: Lease Administration
6100 Atlantic Boulevard
Mail Code GAN02
11
. ~.-
~, Or
Norcross" GA30071
Fax: 678.418.4166
With copies:
Cingular Wireless LLC
Attn: Legal Department
5565 Glenridge Connector
Suite 1700
Atlanta, GA 30342
Fax: 678-418-4166
'l
18. BINDING AGREEMENT: This Agreement sf)allextend to and bindth~ heirs,
personal representatives, successors and assigns (when allowed to be assigned) of the
parties hereto.
19. CONDEMNATION: . .If the whole of the Licensed Premises, or suqh portion
thereof as will make the Licensed Premises unusableforthe purposes herein licensed, are
condemned by any legally cOnstituted authority for any public use:orpurpose, or sold under ~
threat thereof, then in eitAerof said events the term hereby gra.nted shall cease from the 0
time when possession otthe Lic~nsed Premises, inclusive of the Tank, is takenby public
authorities, ar:ld rental shall be accounted for as between LICENSOR and LICENSEE as of
that date on a pro-rata basis for I~cense fe~s paid in advance. .Any I?s~er condemnation;
shall in no way affect the respective rights and obligations of LICENSOR and LICENSEE ,
h~reunder. Nothing in thi~provi~ion shall be construed to limit or affect L1CENSE;.E's right
to an award 'of compensation of any eminent domain proceeding for the taking of
LICENSEE's antenna and equipment, if taken.
20. GOVERNING LAWS: This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State of Georgia.
21. FINAL AGREEMENT; AMENDMENTS: This Agreement represents the final
agreement of the parties and no agreements or representations, unless incorporated into
this Agreement, shall be binding on any of the parties. This Agreement may not be
amended except by a writing signed by all parties.
22. LICENSE HOLD. NOT USUFRUCT: This Agreement, if LICENSEE exercises
the Option, grants to LICENSEE a licensehold estate and not merely a usufruct.
23. SEVERABILITY: If any term of this Agreement is found to be void or invalid,
such invalidity shall not affect the remaining terms of this Agreement, which shall continue
in full force and effect.
12
24. AUTHORITY: Each of the undersigned warrants that he or she has the full
right, power and authority to execute this Agreement on behalf of the party indicated.
25. MISCEllANEOUS: At the request of LICENSEE, LICENSOR agrees to'
execute a memorandumor short.formof this Agreement in recordable form, setting forth a
description the Licensed Premises, the term of this Agreement and other information
desired by LICENSEE, for the purpose of giving public notice thereof to third parties.
26. VENUE: All claims, disputes and other matters in question between the
LICENSOR and the LICENSEE arising out of or relating to this Agreement, or the breach
thereof, shall be decided in the Superior Court of Richmond County, Georgia. The
LICENSEE, by executing this Agreement, specifically consents tojurisdiction and venue in
Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
13
SIGNATURE PAGE FOR CO-LOCATION LICENSE AGREEMENT BY AND BETWEEN AUGUSTA,
GEORGIA, AND CINGULAR WIRELESS FOR A WATER TANK LOCATED AT
3705 Fairinqton. Dr.. Hepzibah. GEORGIA
lN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year written below.
LICENSOR
Signed, seals'd a~ delivered this
0'~ day of ~d:t7 ,
2003, in the pres nce of~ ,
i3~ k)
Unofficial Itness
7/;~7 .
JI.CVx. . ... ;J M&?~
NOTARY~~L1C.. . .
c "0 ~
ow
AUG
Clerk.
..., .: . <.Notary Publ.'c. Columbia County. Georgia
My~CoQlmlsslo(l Expires: My CommlS$lon Expires Au~. 1, 2006
(NOrAR1AL -SEAL)
(SEAL)
LICENSEE:
Signed, seale~nd q livere,d this
~ dayof.~ :\:',
2003, in the presence f:
BELLSOUTH PERSONAL
COMMUNICATIONS, LLC, a Delaware
limited liability company, d/b/a Cingular
Wireless
By \ L_-vi- f[ (jJ----
'" V
;(\(Qflt "R. C'/(ll{Js:.OYl
-Pfesident ~ Cv.. tl v<. 'b; .-(.<:. +tr
NOTARY PU LI ~ ~",~"'i;':.~ l' ~
~ .~o\...u~. w,-.Q. ~
.. ~)...~ ~&S~~
My Commission E>tlr~ <iJ ;?: =
(NOTARIAL SEAL~04~~ <ODe "'.:......::
".*"".~ ..........
~ 0 ..'<~ ~,"t'.' ~
~ ~ ..co GEO~' *
..~ ~ .', .'r. S
~-7~\:-..... \V S"
"Ill ' pus\.. ~\.... 1
11111111I"'\\\\ 4
(CORPORATE SEAL)
Exhibit "A"
1. Tank Ownen
Augusta, Georgia
2. Address of Tank: 3705 Fairington Road
Hepzibah; GA 30815
-
3. Coordinates:
Latitude 33;'22-52.740 I Longitude 82-05-35.120
4. Tank Height:' 135' AGL Top of Tank
15
Exhibit "B"
1.
Frequencies:
Transmit:
Receive:
1965 -1970 MHz
1885 -1890 MHz
2. FCC call letters: KNLG639 (copy of FCC license to be attached as part of Exhibit C)
3. Type of Service: PCS
4. Transmitter(s) Receiver(s)
Make: . Nortel
Model:. S8000
Power Output:
ERP:
Number:
Make: Nortel
Model: S8000
Number:
5.
Antenna(s)
TVRO(s)
Make:
Model:
Dimensions:
Number:
Type:
Gain (DB):
RFS
APXV18-206515L-2
Make:
Model:
Diameter:
Number:
3 initial. 9 max
Cross pole
TBD (to be remitted to LICENSOR after completion of sweep testing)
6.
Transmission Line(s)
7. Generator - Type N/A
Size
Make:
Size: 1-5/8" (2-1/4" if over 220') 8. Fuel Tank - Size N/A
Number: 6 initial. 12 maximum
Line Type & Length:
Line Loss (DB): TBD (to be remitted to LICENSOR after completion of sweep testing)
9. Antenna mounting height, mounting orientation, and floor and ground space usage
(attach sketch of orientation and floor and ground space usage)
(a) 3 Initial antenna's mounted on the handrail/catwalk at the 101' level (mounting method and exact location
subject to review and approval by LICENSOR).
(b) Floor space within LICENSOR's Equipment shelter measuring _' x ~"for Licensee's _ radio
cabinet(s) measuring _" x ___" x _" (location and availability subject to LICENSOR's approval). (Radio
cabinets 50" or less in height are subject to stacking at LICENSOR's discretion) - N/A
(c) Ground space measuring 18' x 18' for Licensees cabinets/building/enclosures, generator, fuel tank and
grounding rings, location and availability subject to LICENSOR's approval.
10. Interference Suppression Equipment
Describe: TBD
16
Exhibit "e"
(List and attach copies of all licenses and permits, Phase I, Phase II, NEPA, SHPO
findings pertinent to the site, and a current insurance certificate)
17
UTI~IT~ SEAUICE commUNICATIONS cc.~ inc
SITE SAFETY REQUIREMENTS
Tank Owner: Augusta Utilities
Tank Location: 3705 Fairington Dr. HeDzibah, Ga.
Date: August 15, 2003
. At this facility wherein RF fields are present, centralized control will be
exercised over the installation and operation of RF energy producing
equipment, including transmitting antennas, as well as safe work practices
to ensure compliance with human exposure limits defined in IEEE C95.1-
1999 and all applicable Federal regulations related to RF field exposure.
This includes those rules and regulations of the Federal Communications
Commission (FCC) and Occupational Safety and Health Administration
(OSHA) as well as any applicable state or local regulations and ordinances
for the general worker population at the facility to preclude injurious
exposure to all personnel. At this facility, activities shall be conducted in
conformance with the provisions of this RF Safety Program and applicable
Federal and state regulations. Contractors working at this site must have
their own safety plan including these minimum requirements.
. Confined Space / Training
. CPR/First Aid / Training
. Fall Protection
. RF Emissions Training within last 12 months
. RF Monitor worn if individual is at same elevation as antennas
unless antennas are shut down and locked out.
. Lock Out / Tag Out Procedures.
08/04/2003 23:58 7709448859
.08/0ll/2'OOJ. 12: 16 FAX '1'70:r8'8~~'08" "
. AUG, /. 2003 ~2:06PM .... '.. . ..
,'.
STEVE CAMPBELL
El€LL CQNSllLTING'
. .'
PAGE 03
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- - "ms License - PCS Broadband Licen.1e - KNLH473 - BellSouth Personal Communications. q,c Page 1 of2
ULS Ucense
pes 8roadband License" KNLH473 - BellSouth Personal
Communications, LLC
Call Sign
Status
MRet
Market
Submar1cet
KNLH473
Active
BTA026 - Augusta, GA
o
IN..
Grant 0412B11997
Effective 04/0312001
Bulldout DeadJ....
1st . 04/28/2002
Notification Da.hiII
1st 09/0712001
UcenMe .
Ucensee 10
SGIN.
LOOOOO960
001
FRN
~....
8eIlSouth PersOnal CommunIcatiOns, UC
17330 Preston Road, SuIte 10GA
Oallas, TX 75252
ATTN FCC Group.
COnble!
Clngular Wireless UC
Cedi J Mathew
17330 Preston Road, SUite 100A
Dallas, T)i( 15252
Radl.o Servlce
Auth Type .
Channel Block
AssOcIated
Frequencies
(MHz)
Expiration
Cancellation
2nd
2nd
0004205977
CW - PCS Broadband
Regular
E
1885.00000-1890.00000
1965.00000-1970.00000
04/28/2007
Type
Umlted
Uablllty
Corporation
P:(972)733-2000
F:(972)733-2852
E:Charfes.Feathel"5tun@bel/$Outh.com
P: (9n)733-2349
F:(972)733-28S2 .
E:Charfes.FNtherstunObellsouth.com
Qualification.., Ow~lp,.ncI Demographics
Radio ServIce Type Mobile
Regulatory Sta1us Common Carrier tn~rconnected7 Yes
Allen OWIIe..lp .
The Applicant answered .No. to each of the Allen Ownership questions.
Bulc QuaU"catloM
The Applicant answered -No. to each of the BasIc Quallflcatlon'questlons.
Tribal lAnd BItId1nt Credtt8 .
This license did not have biballand bidding credits.
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7/2112003
ULS License - PCS Broadband License - KNLH473 - BellSouth Personal Communicatj.ons, LLC Page 2of2
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