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HomeMy WebLinkAbout.T MOBILE LEASE AU0326A 1425 HIGHALND AVE LEASE 8AU0326A 1425 HIGHLAND AVE J ~ , To: Lena Bonner cc: Donna Williams F. Russe1l5j18j09sh m ~~0l1 Illi May 1, 2009 SENT BY CERTIFIED MAIL 547 S Augusta, Georgia Charles R. Oliver Room 801, Municipal Bldg (11) 530 Greene Streeet Augusta, GA 30911 RE: Lease 8AU0326A commenced on or about 7/31/1998 between Augusta, Georgia and SunCom Wireless Property Company, LLC ("Lease") for the Premises located at or about 1425 Highland Ave Augusta Georgia 30904 Dear Augusta, Georgia: SunCom Wireless Property Company, LLC, as Tenant under your Lease, is part of the T-Mobile family. We thank you for being part of the exciting growth ofT-Mobile as we help people stay connected to those who matter most. As a result of our continued growth, T -Mobile is simplifYing its corporate structure by combining certain of its subsidiaries which will have no functional effect to you. This correspondence serves as notice that the Lease will be conveyed to T-Mobile South LLC effective June 30, 2009. This is merely an internal conveyance and it will not change or affect your relationship with T -Mobile, including the contact information you currently use, the T -Mobile analyst who administers your Lease, or the rent payment you receive from T-Mobile. If you have any questions, feel free to e-mail usatentitvchange@bv.com. Please include the Notice ID and the Site ID stated below. Thank you so much. Very truly yours, /OrL fk~ Debby Andresen Director Lease Compliance and Information Management Certified Mail Tracking Number: 7007268000015098 7998 Notice ID: nls Site ID: 8AU0326A 1 , - .,.. , , .. -~ Copy to: AUGUSTA GEORGIA c/o Attn: 4000176171-2000066370 ROOM 801 MUNICIPAL BLDG 11 530 GREENE STREET AUGUSTA, GA 30911 Certified Tracking Number: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: 547 S 4 . To: Lena Bonner cc: D01J1Ia Williams F. Russe1l5j18j09sh ~. May 1, 2009 SENT BY CERTIFIED MAIL 544 S Augusta, Georgia Charles R. Oliver Room 801, Municipal Bldg (11) 530 Greene Streeet Augusta, GA 30911 RE: Lease 8AU0305D commenced on or about 8/1/1998 between Augusta, Georgia and SunCom Wireless Property Company, LLC ("Lease") for the Premises located at or about 2314 Tobacco Rd. Augusta Georgia 30906 Dear Augusta, Georgia: SunCom Wireless Property Company, LLC, as Tenant under your Lease, is part of the T-Mobile family. We thank you for being part of the exciting growth ofT-Mobile as we help people stay connected to those who matter most. As a result of our continued growth, T -Mobile is simplifying its corporate structure by combining certain of its subsidiaries which will have no functional effect to you. This correspondence serves as notice that the Lease will be conveyed to T-Mobile South LLC effective June 30, 2009. This is merely an internal conveyance and it will not change or affect your relationship with T-Mobile, including the contact information you currently use, the T-Mobile analyst who administers your Lease, or the rent payment you receive from T-Mobile. If you have any questions, feel free to e-mail usatentitvchange@bv.com. Please include the Notice ID and the Site ID stated below. Thank you so much. Very truly yours, /OrL fk~ Debby Andresen Director Lease Compliance and Information Management Certified Mail Tracking Number: 70072680000 15098 7967 Notice ID: nls Site ID: 8AU0305D 1 I " " Copy to: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: 544 S To: Lena B01I1ler 5/11/09s" ~ at&t AT&T Mobility Network Real Estate Administration 5405 Windward Pkwy, P.O. Box 1630 Alpharetta. GA 30009 130 By Certified Mail, Return Receipt Requested Receipt No. 71138257147320372579 April 24, 2009 RECEIVED ADMINISTRATOR'S OFFICE MAY 1 1 ZOO9 Augusta-Richmond County Commission C/O Administrator . 530 Greene St Rm 801 Augusta, GA 30901-4453 AUGUSTA-RICHMOND COUNlY Re: NOTICE OF NEW LEGAL NOTICE ADDRESS See Attached Exhibit Dear Landlord: As you know, we are your tenant/licensee at the above referenced site. Pursuant to our lease, we are sending this notice to inform you that our Wireless Network Real Estate Administration department is moving its office. In addition, the Wireless Network Real Estate Administration Legal Department is moving its office. Effective immediately, all legal notices and other correspondence relating to the cell site lease referenced above should be sent to AT&T with a copy of that letter sent to AT&T's Legal Department at the following addresses: AT&T Network Real Estate Administration 12555 Cingular Way, Suite #1300 Alpharetta, GA 30004 With a copy to: AT&T Legal Department Attn: Network Counsel 1025 Lenox Park Blvd. 5th Floor Atlanta, GA. 30319 KEEP THIS LETTER WITH YOUR LEASE AGREEMENT AND OTHER IMPORTANT LEGAL DOCUMENTS Also, as a reminder, you may contact AT&T Network Real Estate Administration with regard to routine matters, but not legal notices at 1-877-231-5447 or by email atRELeaseAdmin(Cilawsmail.att.com. We look forward to a continued successful relationship with you. For AT&T, clf7?~ Lisa Herndon Director of Network Real Estate Administration ~ ~ at&t 1064 AT&T Mobility Network Real Estate Administration 5405 Windward Pkwy. P.O. Box 1630 Alpharetta. GA 30009 By Certified Mail, Return Receipt Requested Receipt No. 71138257147320310823 April 24, 2009 Augusta, Georgia City County Building 11 530 Greene St Rm 802 Augusta, GA 30901-4480 Re: NOTICE OF NEW LEGAL NOTICE ADDRESS 10019420 - 026-010 Dear Landlord: As you know, we are your tenant/licensee at the above referenced site. Pursuant to our lease, we are sending this notice to inform you that our Wireless Network Real Estate Administration department is moving its office. In addition, the Wireless Network Real Estate Administration Legal Department is moving its office. Effective immediately, all legal notices and other correspondence relating to the cell site lease referenced above should be sent to AT&T with a copy of that letter sent to AT&T's Legal Department at the following addresses: AT&T Network Real Estate Administration Re: 10019420 026-010 12555 Cingular Way, Suite #1300 Alpharetta, GA 30004 With a copy to: AT&T Legal Department Attn: Network Counsel Re: 10019420 026-010 1025 Lenox Park Blvd. 5th Floor Atlanta, GA. 30319 KEEP THIS LETTER WITH YOUR LEASE AGREEMENT AND OTHER IMPORTANT LEGAL DOCUMENTS Also, as a reminder, you may contact AT&T Network Real Estate Administration with regard to routine matters, but not legal notices at 1-877-231-5447 or by email atRELeaseAdmin(Cilawsmail.att.com. We look forward to a continued successful relationship with you. For AT&T, clf7?~ Lisa Herndon Director of Network Real Estate Administration ., 1". To: Lelia Bonner ee: DOlllla Williams F. Russe1l5j18j09sh May 1, 2009 SENT BY CERTIFIED MAIL 546 S Augusta, Georgia Charles R. Oliver Room 801, Municipal Bldg (11) 530 Greene Streeet Augusta, GA 30911 RE: Lease 8A U0326A commenced on or about 7/31/1998 between Augusta, Georgia and SunCom Wireless Property Company, LLC ("Lease") for the Premises located at or about 1425 Highland Ave Augusta Georgia 30904 Dear Augusta, Georgia: SunCom Wireless Property Company, LLC, as Tenant under your Lease, is part of the T-Mobile family. We thank you for being part of the exciting growth ofT-Mobile as we help people stay connected to those who matter most. As a result of our continued growth, T-Mobile is simplifYing its corporate structure by combining certain. of its subsidiaries which will have no functional effect to you. This correspondence serves as notice that the Lease will be conveyed to T-Mobile South LLC effective June 30, 2009. This is merely an internal conveyance and it will not change or affect your relationship with T-Mobile, including the contact information you currently use, the T-Mobile analyst who administers your Lease, or the rent payment you receive from T -Mobile. If you have any questions, feel free to e-mail usatentitvchange@bv.com. Please include the Notice ID and the Site ID stated below. Thank you so much. Very truly yours, /OrL fk~ Debby Andresen Director Lease Compliance and Information Management Certified Mail Tracking Number: 7007268000015098 7981 Notice ID: nls Site ID: 8AU0326A 1 " ~ . Copy to: AUGUSTA GEORGIA c/o Attn: 4000176171-2000066370 ROOM 801 MUNICIPAL BLDG 11 530 GREENE STREET AUGUSTA, GA 30911 Certified Tracking Number: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: c/o Attn: Certified Tracking Number: 546 S June 20, 2008 RE: T-Mobile Site #: 8AU0326A T-Mobile Site Name: Forest Hills Co-Location Lease Agreement dated July 17, 1998 (the "Agreement") Lease Termination as of July 31, 2008 ..JJ~ ~~ T-Mobile USA, Inc. 7025 A. C. Skinner Parkway Jacksonville, FL 32256 Dear Mr. Williamson: We acknowledge receipt of your notice to terminate the lease for the Highland Avenue/Forest Hills/Jake Ellis site tower space and the 19" x 14' area of land as of July 31,2008. We have appreciated your occupancy during these past few years. We hope to have the chance to do business with you again in the future. As agreed upon in the original lease document, Item 15, the removal of the property belonging to T- Mobile should be completed prior to the termination date. You can contact the Augusta Richmond County Utilities Department Assistant Facilities Manager, Bobby Robinson, to set up the disassembly and removal process. We also have a contracted with Utility Service Co. to help with this process. The telephone numbers for the contacts are: Bobby Robinson, Augusta Richmond County, Utilities - 706-842-3061 Joni Hollon, Utility Service Co., Inc. - 800-223-3695 Please do not hesitate to contact me if you have any questions. Thank you for your cooperation Sincerely, Steve Little, CPA Assistant Director, Finance & Administration 706-312-4124 CC: Drew Goins, Director Utilities Brian Richards, Superintendent C&M David Sapp, Facilities Manager Bobby Robinson, Assistant Facilities Mgr. Ellie Hazel, Administrative Servo Mgr Drew Goins June 20, 2008 Utility Service Co. Incorporated Joni Hollon Customer Service Representative P.O. Box 1350 Perry, GA 31069 RE: Lease Termination Site #8AU0326A Forest Hills/Jake Ellis Dear Ms. Hollon: The Augusta Richmond County Commission and the Utilities Department have received notification from T-Mobile of their intent to terminate the lease of the tower space on our Forest Hills/Jake Ellis Road Water Tower. I am attaching a copy of the original lease and the termination notice for clarification. As our representative, we would like for you to contact T-Mobile to set up and execute the disassembly and removal of their equipment from our tower. We would like to have you coordinate the removal with the Utilities Department's Representative, Bobby Robinson. Mr. Robinson can be reached by telephone at 706-842-3061. Thank you for your prompt assistance with this request. Sincerely, Steve Little, CPA Assistant Director, Finance & Administration CC: Drew Goins, Director Utilities Brian Richards, Superintendent C&M David Sapp, Facilities Manager Bobby Robinson, Assistant Facilities Mgr. Ellie Hazel, Administrative Servo Mgr. ~ - -Mobile-e T-Mobile USA SENT BY UPS EXPRESS June12,2008 Augusta-Richmond County Commission Room 801, Municipal Bldg. (11) 530 Greene Street Augusta, Georgia 30911 Re: T -Mobile Site #: 8AU0326A T-Mobile Site Name: Forest Hills Co-Location Lease Agreement dated July 17, 1998 (the "Agreement")-- Lease Termination Notice Dear Sir or Madam: In accordance with Section 4 of the Agreement, you are hereby notified that the Tenant, T- Mobile South LLC, as successor in interest to SunCom Wireless Property Company, LLC, has decided not to renew the Agreement effective at the end of the current term. Please. call me if you have any questions. On behalf ofT-Mobile and its contractors, I want to thank you very much for your cooperation and consideration. It has been a pleasure doing business with you, and if circumstances permit, we hope to have the opportunity to work with you again in the future. Thank: you again. Very truly yours, T-Mobi1e South LLC Ii------ Kelly Williamson Real Estate Manager, 3 T-Mobile USA, Inc. Office: 904.251.7000 7025 A.C. Skinner Parkway Jacksonville, FL 32256 ~,. .. ....\. /1(/)111- I FtJ/<'!'> i ./-I;/I'S y .) CO-LOCATION LEASE AGREEMENT THIS CO-LOCATION LEASE AG~EEMENT (the "Agreement") is entered into this -4- day of ,1'998 by and between AUGUSTA, GEORGIA (hereinafter referred to as "LANDLORD") and TRITON PCS PROPERTY COMPANY L.L.C. (hereinafter referred to as "TENANT"). \NHEREAS, LANDLORD owns a certain parcel of property located at Jake Ellis Road off Highland Avenue, Augusta, Georgia, which property is more specifically described in Exhibit "A" attached hereto and made a part hereof)(the "Premises"), and LANDLORD owns a water tower (hereinafter referred to as the "Tower") erected on the Premises; and WHEREAS, TENANT desires to lease certain designated space of the Premises and the Tower (the "Leased Premises"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contain'3d 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. 'I. LEASED PREMISES: USE OF LEASED PREMISES: LANDLORD hereby leases to TENANT space on the Tower to the extent necessary to enable TENANT to erect, maintain, repair, replace and operate the following and associated equipment, all for the purpose of a communications facility and uses incidental thereto: (a) EMSRV90-17-00DP ~ transmit and EMSRV90-17-00DP ~ receive antennas and -0- ULJ Microwave dish(es) to be located on the catwalk of the Tower. LANDLORD will cause a structural analysis to be performed (at TENANT's expense) to establish percentage of Tower Capacity used by this equipment TENANT may substitute number and size of antennas at any time during this Agreement as long as TENANT stays on the catwalk, does not use any additional tower capacity and complies with all the other terms of this Agreement (Le., interference.) (b) Flexible transmission lines between the antennas and communications equipment, to be anchored and installed on the Leased Premises in accordance with good and acc:eptable engineering practices, including without limitation the right to run such lines and other cables within the line space. LANDLORD also leases to TENANT a 1 9 foot by 1 4 foot (--.l2' x l.LJ area of land, being a portion of the Leased Premises as described and depicted on the attached Exhibit "A," for locating certain equipment described as . LANDLORD shall allow TENANT to pour a 1 , . , " " . ,) 8 - 6 foot by 5 foot (8. 6' X L-') concrete pad within this designated area and to place an unmanned equipment shelter within the designated area, which has been specifically described on Exhibit "A". TENANT must obtain prior written approval of same pursuant to the terms and conditions set forth in paragraph 7 of this Agreement. TENANT shall furnish, to its unmanned equipment shelter, electric and telephone service for the operation of TENANT's communications equipment. TENANT shall be solely liable for utility expenses relating to its installation and equipment. TENANT's electrical service shall be separately metered and TENANT shall be responsible for all costs associated with metering, including the cost of installing any meter. LANDLORD hereby grants non-exclusive easements for access and utilities to the Leased Premises and the Tower during the term of this Agreement, and the right to place any utilities or to bring utilities across the Leased Premises in order to service the Leased Premisl~s, Tower, antennas and other equipment. LANDLORD shall provide 24 hours, 7 days pm week access to TENANT for maintenance purposes. TENANT shall use the Leased Premises for the purpose of constructing, installing, maintaining, improving and operating, at TENANT's expense, a communications facility, including antennae, buildings, and incidental uses. TENANT shall not use the Leased Premisl~s for any other purpose without the express prior written consent of Landlord. =~. TERM: This agreement shall run for a period of five (5) years. ending on Jul v 31 , 2003, subject to the terms and conditions set forth in paragraph 15 hereof. ~~. RENTAL: Beginning as of the commencement date of this Agreement, as defined in paragraph 2 above. TENANT shall pay as an annual lease fee, in advance, the sum of Twelve Thousand and no/100 Dollars ($12,000.00) Dollars. Said sum shall be paid by TENANT on the anniversary of the commencement date each year thereafter throughout the term of this Agreement. 4. EXTENSION OF TERM: TENANT shall have the option to extend the term of the Agn~ement for two (2) additional consecutive five (5) year periods. Each option for an extended term shall be deemed automatically exercised without notice by TENANT to LANDLORD unless TENANT gives LANDLORD written notice of its intention not to exerCiSI:l any such option, in which case, the term of this Agreement shall expire at the end of the then current term. All references herein to the term of this Agreement shall include the term as it is extended as provided for in this Agreement. 2 '. ..) The annual rental for the extended terms shall be as follows: EXTENDED TERM ANNUAL RENTAL 1st 2nd $13,800.00 $15,870.00 The annual rental for the extended terms shall be payable in the same manner as the annual rental for the initial term. !5. TOWER STUDIES: TENANT shall be solely responsible for conducting any and all Towl~r studies necessary to determine the feasibility otTower loading due to TENANT's antenna. Should Tower modification be required, the cost of all such modifications shall be borne by TENANT. TENANT shall submit plans and specifications to LANDLORD for written approval prior to commencement of any modification. LANDLORD shall conduct a TowE!r inspection upon completion of modification to insure work compliance. Should Tower inspection identify non-conforming work, TENANT shall correct such non- conforming work after which LANDLORD will conduct another Tower inspection to approve the corrections. Cost of the aforementioned Tower inspections and work corrections shall be at the sole cost and expense of TENANT and shall be conducted pursuant to the terms and conditions set forth in paragraph 7 of this Agreement. B. APPROVALS: TENANT is responsible for obtaining all necessary Federal, State and local governmental approvals. ~;. INSTAllATION PLANS: TENANT, without liability of any kind to LANDLORD, may commence work only after LANDLORD has approved all studies, plans and specifications in writing. LANDLORD's approval shall not be unreasonably withheld or delayed. TENANT agrees to comply with all of LANDLORD's reasonable requirements. LANDLORD shall have the option to consult with TENANT's contractor prior to any installation and/or maintenance that will require access to the Tower structure. B. STANDARD OF PERFORMANCE: TENANT, 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. TENANT shall be solely responsible for construction means, methods, techniques, sequences and procedures, and for coordinating all activities related to the work. !3. PAYMENT OF COSTS AND EXPENSES: TENANT shall provide and pay for all labor, materials, goods and supplies, equipment, appliances, tools, construction equipment and machinery and other facilities and services necessary tor the property execution and completion of the work. TENANT shall promptly pay when due all costs and 3 '. expenses incurred in connection with the work, TENANT shall pay all sales, consumer, use and similar taxes required by law in connection with the work, and shall secure and pay for all permits, fees and licenses necessary for the performance of the work. '10. LANDLORD'S REPAIRS: LANDLORD 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 Tower, unless the required repairs, replacements, or alterations are solely required for the TENANTs communication equipment located on the Tower, and if so, the TENANT shall make, at its expense, all necessary repairs, replacements, and alterations as required. '11. TENANT'S REPAIRS: TENANT shall maintain in a good state of repair, and in good operating condition, its antenna, 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 TENANT's antenna and equipment are required, TENANT shall use qualified technicians and submit for LANDLORD's approval the names of technicians or contractor proposed to make necess.ary ascents and descents of LANDLORD's Tower. '12. INDEMNIFICATION AND INSURANCE: TENANT agrees to indemnify and hold harmless LANDLORD from any and all claims in any way related to or arising out of TENANT'S leasing and use ofthe Leased Premises (including without limitation TENANTs use of Hazardous Materials on or about the Leased Premises) or related to or arising out of any damage or injury to property or persons, oc~urring or allegedly occurring in. on or about the Leased Premises during the period from the date of this agreement to the end ofthe Lease Term (to include any renewal terms), including reasonable attorney's fees and expenses of litigation incurred by LANDLORD in connection therewith. TENANT 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 releases LANDLORD from liability in connection with any such claims. LANDLORD shall be liable for any damage to any of TENANTs equipment located on the Tower arising out of or in connection with LANDLORD'S use or occupancy of the Tower and Leased Premises and caused by the negligence or willful or intentional misconduct of its agents or employees. For purposes of this section, "LANDLORD" include:s Augusta, Georgia, the Augusta-Richmond County Commission, and all officers, elected officials, agents, representatives and employees of same, and "Hazardous Materiells" means any and all polycholrinated byphenyls, petroleum products, asbestos, urea formaldehyde and other hazardous 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 environmental regulations, contamination, cleanup or any judicial or administrative interpretation of such 4 laws, rules or regulations or any substances that after release into the environment and upon e)'posure, ingestion, inhalation, or assimilation, either directly from the environment or dire(:tly through food chains will or may reasonably be anticipated to cause death, diseasE!, behavior abnormaliti~s, cancer or genetic abnormalities. \Nithout limiting the foregoing, TENANT further agrees to maintain at all times during said period, at TENANT's expense, comprehensive and general public liability insurance covera~Je against claims for personal injury, death and/or property damage occurring in connection with the use and occupancy of the Leased Premises or arising out of its ownership, improvement, repair or alteration of the Leased Premises with limits of covera~Je 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 TENANT. Policies shall be jointly in the names of TENANT and LANDLORD, and duplicate copies of the policies shall be delivered to LANDLORD. All policies providing insurance coverage required to be maintained by TENANT hereunder shall list LANDLORD, the Augusta-Richmond County Commission and its Mayor, TENANT and their officers, agents, members. employees and successors as named insureds, as their interests may appear, and shall be issued by an insurance carrier or carrit3rS licensed to do business in the State of Georgia and reasonably acceptable to LANDLORD. All such policies shall provide that no act or omission of TENANT or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insureds. No insurance policy providing any insurance coverage required to be provided by TENANT hereunder shall be cancelable without at least 15 days advance written notice to LANDLORD. All insurance policies required hereunder, or copies thereof. shall bE! provided to LANDLORD by TENANT. '13. CONTINGENCIES: This LEASE is contingent upon approval by resulting governmental authorities. In the event such approval is withheld or subsequently withdrawn, or in the event that TENANT's use of said Tower is otherwise encumbered or determined to be inconsistent with the interest of LANDLORD'S use of the Leased Premises, either party hereto, subject to all other terms and conditions of this Agreement, shall ha.ve the right to terminate this Agreement by ninety (90) days advance written notice to the other party, and said termination shall release LANDLORD and TENANT from all further obligations set forth herein one to the other. In such event, TENANT shall promptly remove, at TENANT's sole expense, its antenna and all other equipment and lines installed by or for the benefit of TENANT. '14. DEFAULT: Should TENANT fail to pay when due rent or any other amounts owed LANDLORD hereunder, or fail to cure any breach of any other provision of this Agreement after sixty (60) days written notice and demand, LANDLORD may terminate the Agreement immediately, without further notice, and require TENANT to remove, or cause 5 . , to be mmoved, all of TENANT's equipment. TENANT shall, in such event. remain liable for any and all costs incurred for removal of TENANT's antenna, transmission lines and associclted equipment from LANDLORD's Tower and for removal of associated structures from space provided. LANDLORD shall not be liable for any damage to such equipment during its removal. '15. SURRENDER OF PREMISES: Upon expiration or termination of this Agreement, TENANT. at its own cost and expense. shall completely remove or have remove'd. up to three feet (3') below grade, all structures, including antenna and associated mounting brackets. transmission equipment, concrete foundations, fences and other associated structures, and restore the Leased Premises to its original above grade condition, ordinary wear and tear excepted. If such time for removal causes TENANT to remain on the Leased Premises and Tower after the termination or expiration of this agreement, TENANT shall pay rent at the then existing monthly pro-rata basis, until such time as the removal of TENANT's personal property and fixtures are completed. '16. INTERFERENCE: (a) TENANT's Equipment shall not cause stray currents that will in any way damage the integrity of the Leased Premises. (b) TENANT agrees to install equipment of types and frequencies which will not cause interference to LANDLORD or other occupants of the Leased Premises which are in place on the Tower as of the date of this Agreement. If requested by LANDLORD, TENANT shall provide a detailed RF interference analysis showing potential conflicts between TENANT's frequencies and those of LANDLORD or other occupants already in place on the Tower. In the event TENANT's equipment causes such interfer.ence. TENANT shall take all steps necessary to correct and eliminate the interfen:mce. If said interference cannot be eliminated within forty-eight hours after receipt of writtem notice from LANDLORD to TENANT, TENANT shall temporarily disconnect the electric power and shut down TENANT's equipment (except for intermittent operations for the pU~Jose of testing, after performing maintenance, repair, modification, replacement or other al:;tion taken for the purpose of correcting su.ch interference) and if such interference is not corrected within thirty (30) days after receipt of said written notice, TENANT agrees to remove TENANT's equipment from the Leased Premises and this Agreement shall then terminate without further obligation on either part except as may be specifically enumerated herein. (c) In the event LANDLORD enters into lease or license agreements with others for the Leased Premises, then LANDLORD agrees to require such lessees or licensees to install equipment of types and frequencies that will not cause interference to TENANT's communications operations being conducted on the Leased Premises. LANDl.ORD agrees that in the event such lessee or licensee causes interference with 6 . . TENANT's equipment, LANDLORD shall require 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 of notice of the existence of the interference from L/l,NDLORD to such lessee or licensee, LANDLORD 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 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, LANDLORD shall, upon TENANT's request, cause such lessee or licensee to remove its equipment from the Leased Premises. '17. ASSIGNMENT: SUBLETTING: a. This Agreement may not be sold, assigned, or transferred without the written consent of LANDLORD, such consent not be unreasonably withheld or delayed; provide!d, however, that TENANT may assign this Lease. without the prior consent of Landlord, to any successor by merger to TENANT or to any affiliate of TENANT. Any permitt,ed assignment shall be on the condition that the assignee be bound by all of the terms, conditions and provisions ofthis Agreement. Assignment shall not release TENANT from any liability occurring or arising prior to the date of assignment. b. Ad<;iitionally, TENANT may, with prior written approval of LANDLORD, mortga'~e or grant a security interest in this Agreement and TENANT's equipment, and may assign this Agreement and such equipment, to any such mortgagees or holders of security interests including their successors or assigns (hereinafter collectively referred to as "Mortgagees"). In such event, LANDLORD shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. LANDLORD agrees to notify TENANT and TENANT's Mortgagees simultaneously of any default by TENANT and to give Mortgagees the same right to cure any default as TENANT 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 TENANT's equipment referenced in this Agreement is considered personalty of TENANT, and that the property on which TENANT's equipment may be located pursuant to this Agreement is the property of LANDLORD. Any mortgage or granting of a security interest or assignment under this Subsection b. shall concern only TENANT'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 LANDLORD's real property. c. TENANT may not sublet any portion of the Leased Premises. 7 , . '18. NOTICE: All notices hereunder 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, 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 LANDLORD: Augusta-Richmond County Commission c/o Charles R. Oliver, Administrator Room 801, Municipal Bldg (11) 530 Greene Street Augusta, Georgia 30911 As to the TENANT: Triton PpS Property Company L.L.C. 40551>aber Place Drive Suite 101 Charleston, S.C. 29405 '19. BINDING AGREEMENT: This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns (when allowed to be assigned) of the parties hereto. ~~O. CONDEMNATION: If the whole of the Leased Premises, or such portion thereof as will make the Leased Premises unusable for the purposes herein Leased, 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 Leased Premises, inclusive of the Tower, is taken by public authorities, and rental shall be accounted for as between LANDLORD and TENANT as of th at 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 LANDLORD and TENANT hereunder. Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's antenna and equipment, if taken. ~~1. GOVERNING LAWS: This Agreement and the performance thereof shall be govern.~d, interpreted, construed and regulated by the laws of the State of Georgia. :~2. VENUE: All claims, disputes and other matters in question between Landlord and Tenant arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Tenant, by executing this 8 . , Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Nothing in this Agreement shall be construed as a waiver by any party to pursue a claim for equitable relief. 23. FINAL AGREEMENT: AMENDMENTS: This Agreement represents the final agreement of the parties and no agreements or representations, unless incorporated into this a~lreement, shall be binding on any of the parties. This Agreement may not be amenced except by a writing signed by all parties. 24. LEASEHOLD. NOT USUFRUCT: This Agreement grants to Tenant a leasehold estate and not merely a usufruct. 25. 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. .26. AUTHORITY: Each of the undersigned warrants that he or she has the full right, power and authority to execute this Lease on behalf of the party indicated. :27. MISCELLANEOUS: At the request of TENANT, LANDLORD agrees to execute a merrorandum or short form of this Agreement in recordable form, setting forth a description the Leased Premises. the term of this agreement and other information desired by TENANT, for the purpose of giving public notice thereof to third parties. If LANDLORD fails to provide such document within ten (10) days of TENANT's request, TENANT, at TENANT's option, may withhold and accrue the monthly rental until such time as such document is received by TENANT. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. LANDLORD Signed, sealed an delivered this ItJ clay of , 1998, in the presence f: '()~ L) m~~) Unofficial Itness are~ll~ .. . JlGtDIYPubllc. Richmond County, Georgia My Commission Explr ...."'My~Il;-"'nn Exolres Dec. 5. 2001 (SEAL) . (NOTAHIAl SEAL) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 9 .. . : " I " My Commission Expires: if. /3. ZD O~ (NOT A.RIAL SEAL) -/ TENANT: -TRIT~N 'PCS-PRO-PERTY COMPANY L.L.C. -- By: Tnton Mana' n pany Inc., its )ANY manager ' President Attest:~~d y Secreta ~ (CORPORATE SEAL) 10