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Home My WebLink AboutALLTEL COMMUNICATIONS LLC D/B/A VERIZON WIRELESS TERMINATION OF WATER TOWER LICENSE AGREEMENT � ° > , , ' ' Verizon Wireless SiteName: Walton Way Verizon Wireless Contract #: 85291 . t Book 01305:1384 Augusta - Richmond County d "� 2011026569 06/2��2011 12:11:03.00 $0.00 CANCELLATION AUGUSTA LAW DEPARTMENT !i��i�ii��i�i�j��i�� iiiiiii+iiiiiiiiiiiiiiiiii+iiiii �i 501 GREENE STREET SUITE 3OZ 2011026569Augusta - Richmond County AUGUSTA, GEORGIA 30901 Upon or ' g, etu o: Cross Reference: Cry L. sbr h Ree1564, Page 1147 T ut n S ders P Richmond County, Georgia Records 00 eac ee S et, N S 'e5 0 Atlanta, Geor ia 30 8-2216 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) Termination of Water Tower License Agreement (this "Termination AgreemenY') ENTERED INTO as of the � day of 3( 5�" , 2011, ° BY AND BETWEEN rn Augusta, Georgia, a political subdivision of the State of Georgia hereinafter referred to as "Augusta" AND ALLTEL Communications, LLC, a Delaware limited liability company, d/b/a Verizon Wireless hereinafter referred to as "Verizon Wireless" WHEREAS, Richmond County, Georgia, as predecessor in interest to Augusta, Georgia, as licensor, and Cellular Phone of Aiken-Augusta, Inc., as predecessor in interest Alltel Communications, Inc., as predecessor in interest to ALLTEL Zzia6si�� 1 ' • � Book 01305:1385 Augusta - Richmond County � 2011026569 06/20/2011 12:11:03.00 Communications, LLC, d/b/a Verizon Wireless, as licensee, entered into that certain Water Tower License Agreement dated March 18, 1997, as amended by the First Addendum to Water Tower License Agreement dated June 6, 2000 (as amended, the "License"), whereby Verizon Wireless licensed from Augusta certain rights on and around a water tank for the operation of a telecommunications facility located at 120 Jack Ellis Road, Augusta, Georgia (the "Site"); and WHEREAS, the parties entered into that certain Memorandum of License dated March 18, 1997 (the "Memorandum"), recorded in Reel 564, Page 1147, Richmond County, Georgia records, to place third parties on notice of the terms and conditions of the License; and WHEREAS, Augusta and Verizon Wireless desire to terminate the License and Memorandum prior to its scheduled date of expiration as set forth therein. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Augusta and Verizon Wireless agree as follows: l. RECTTALS AND DEFINED TERMS. The foregoing recitals and defined terms are incorporated herein by reference. 2. TERMINATION DATE. Notwithstanding the date of full execution of this Termination Agreement, the parties hereto agree that the License and the Memorandum shall be deemed to have terminated effective as of 11:59:59 P.M. E.S.T. on the day before the commencement date of that certain License Agreement dated as of the date hereof (the "New License"), between Utility Service Communications Co., Inc. and Cellco Partnership, the terms of which New License specify that the commencement date will be April 1, 2011. Accordingly, the "Termination Date" of the License and the Memorandum is March 31, 2011. No rights or obligations of Augusta or Verizon Wireless under the License or Memorandum shall survive the Termination Date. 3. INDEMNITY. Following the Termination Date, Augusta and Verizon Wireless shall remain liable, to the extent stated in the License, to indemnify each other against any claims and damages that may be made or that may arise following the Termination Date, and which are related to the indemnifying party's activities at the Site prior to the Termination Date or which are related to any of the indemnifying party's continuing obligations under the License or this Termination Agreement on or following the Termination Date. 4. SUCCESSORS AND ASSIGNS. This Termination Agreement shall be binding upon and inure to the benefits of the parties and their respective successors and assigns. aais6si�� 2 • ' �� Book 01305:1386 Augusta - Richmond County • � 2011026569 06/20/2011 12:11:03.00 5. GOVERNING LAW. This Termination Agreement shall be governed and construed in accordance with Georgia law. [SIGNATURES APPEAR ON NEXT PAGE] llis6ai�� 3 . ', , Book 01305:1387 Augusta - Richmond County , . . 2011026569 06/20/2011 12:11:03.00 , ,� IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals as of the date indicated above. AUGUSTA: Signed, sealed and delivered in the presence of: Augusta, Georgia, a political subdivision of the State of �, ' � Georgia Unoffici�al Witne s f n � , B �x 2 � 3� � !�' ��4?�c.�� Print Name: � /� Notary � li�.,�� i �I � Title: �� - % �:� � �� My %��ion Ex �/ � � r A � �-�'¢- i �.� i Q � (�]�' �� ,% ` Ii '� Jui �s' A � � G �•...�«''��'�,m t`, �u�� `�� VERIZON WIRELESS: Signe sealed and delivered in t resence o•� 1 ALLTEL Communic tions, LLC, r�� a Delaware li it ' ility company, � ` `� d/b/a Verizo r s Unofficial Witness By: Han . Leuten gger Notary blic Area Vice President Network OFFICIAL SEAL My ommissi��p#��lic, Narth Carolina cklenburg LYNNE CARLISLE O'IAA,jRtTlo�s)on Expires March 20, 2016 Filed in this office: Augusta - Richmond County 06/20/2011 12:11: 03. 00 _ __ _ Elaine C. Johnson 2zisbsi�� 4 Clerk of Superior Court Verizon Wireless Site Name: Walton Way Verizon Wireless Contract #: 85291 Upon Recording, Return to: Cross Reference: Crystal L. Osbrach Ree1564, Page 1147 Troutman Sanders LLP Richmond County, Georgia Records 600 Peachtree Street, NE Suite 5200 Atlanta, Georgia 30308-2216 STATE OF GEORGIA ) ) � COUNTY OF RICHMOND ) Termination of Water Tower License Agreement (this "Termination AgreemenY') ENTERED INTO as of the day of , 2011, BY AND BETWEEN Augusta, Georgia, a political subdivision of the State of Georgia hereinafter referred to as "Augusta" AND ALLTEL Communications, LLC, a Delaware limited liability company, d/b/a Verizon Wireless hereinafter referred to as "Verizon Wireless" WHEREAS, Richmond County, Georgia, as predecessor in interest to Augusta, Georgia, as licensor, and Cellular Phone of Aiken-Augusta, Inc., as predecessor in interest Alltel Communications, Inc., as predecessor in interest to ALLTEL Zzia6si�� 1 Communications, LLC, d/b/a Verizon Wireless, as licensee, entered into that certain Water Tower License Agreement dated March 18, 1997, as amended by the First Addendum to Water Tower License Agreement dated June 6, 2000 (as amended, the "License"), whereby Verizon Wireless licensed from Augusta certain rights on and around a water tank for the operation of a telecommunications facility located at 120 Jack Ellis Road, Augusta, Georgia (the "Site"); and WHEREAS, the parties entered into that certain Memorandum of License dated March 18, 1997 (the "Memorandum"), recorded in Reel 564, Page 1147, Richmond County, Georgia records, to place third parties on notice of the terms and conditions of the License; and WHEREAS, Augusta and Verizon Wireless desire to terminate the License and Memorandum prior to its scheduled date of expiration as set forth therein. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Augusta and Verizon Wireless agree as follows: 1. RECTTALS AND DEFINED TERMS. The foregoing recitals and defined terms are incorporated herein by reference. 2. TERMINATION DATE. Notwithstanding the date of full execution of this Termination Agreement, the parties hereto agree that the License and the Memorandum shall be deemed to have terminated effective as of 11:59:59 P.M. E.S.T. on the day before the commencement date of that certain License Agreement dated as of the date hereof (the "New License"), between Utility Service Communications Co., Inc. and Cellco Partnership, the terms of which New License specify that the commencement date will be April 1, 2011. Accordingly, the "Termination Date" of the License and the Memorandum is March 31, 2011. No rights or obligations of Augusta or Verizon Wireless under the License or Memorandum shall survive the Termination Date. 3. INDEMNITY. Following the Termination Date, Augusta and Verizon Wireless shall remain liable, to the extent stated in the License, to indemnify each other against any claims and damages that may be made or that may arise following the Termination Date, and which are related to the indemnifying party's activities at the Site prior to the Termination Date or which are related to any of the indemnifying party's continuing obligations under the License or this Termination Agreement on or following the Termination Date. 4. SUCCESSORS AND ASSIGNS. This Termination Agreement shall be binding upon and inure to the benefits of the parties and their respective successors and assigns. aa�s6si�� 2 5. GOVERNING LAW. This Termination Agreement shall be governed and construed in accordance with Georgia law. [SIGNATURES APPEAR ON NEXT PAGE] llis6ai�� 3 IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals as of the date indicated above. AUGUSTA: Signed, sealed and delivered in the presence of: Augusta, Georgia, ' � a political subdivision of the State of Georgia Unoffi ial Witness y �� 1 �� ,n ` By , l� .� �� - �� c��::��..� 6 `� Print Name: �K� ��A�h�,� i�e1` Notar � • �h ��31�i( � Mpq�� Trtic: �a �- � �+��''. '4ly+1 My �` =��I �''�� ' d G �41 �8. �`� tt1+ `�' ;• C o=` �� i VERIZON WIlZELESS: Signe , sealed and deli red in th resence of: f ALLTEL Communications, LLC, �� a Delaware limite li b' ity company, ��'1�� l d/b/a Verizon ' e s Unofficial Witness � B Hans F. L utenegger Nota blic Area Vice President Network My Comm ssion Expires: p�'��CIAL SEAL N��r blic, North �arolina County of Mecklenburg (NOT Y SEAL) LYNNE CARLISLE My Commission Expires March 20, 2016 z2ia6ai�� 4