HomeMy WebLinkAboutLICENSE TERMINATION AGREEMENT (UTILITIES)Site ID: 026-213 Maddox
Site Address: 3936 Belair Rd , Augusta, GA
LICENSE TERMINATION AGREEMENT
THIS LICENSE TERMINATION AGREEMENT (the "Agreement") is
made and entered into as of the day of , 2012 by
and between Au usta Utilities hereinafter referred t as
"LICENSOR", and New Cingular Wireless PCS, LLC, a Delaware 1 mi ed
liability company, its affiliates and successors that elect to
participate whose business address is 12555 Cingular Way, Suite 1300,
Alpharetta, GA 30004 hereinafter referred to as "LICENSEE".
WITNESSETH:
WHtilttAS, LICENSOR and LICENSEE entered into a License
Agreement dated August 5, 2003 a copy of which is attached
hereto as Exhibit "A"; n
WHEREAS, LICENSEE and LICENSOR have agreed and desire to
terminate the License;
NOW, THEREFORE, in c nsideration of th mutual covenants
herein contained and ther good and valuable c nsiderati , the
receipt and sufficiency of which ar hereby acknowledged, the
parties mutually agree as follows:
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The parties agre th t the License shall be and the same is
hereby revoked and terminated in its entirety and the Licensed
term thereby demised is hereby brought to an end effective at
the signing of this Agreement.
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LICENSOR agrees that simultaneously with the execution of
this Agreement that LICENSEE shall execute and enter into that
certain •Licens Agr ement (as Licensee), attached hereto as
Exhibit "B", wit Utility Service Communications, Co. Inc., (as
Licensor), for the same property as described in each agreement.
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Site I • 026 213 Maddox
Site Address: 3936 Belair Rd., Augusta, GA
LICENSOR and LICENSEE hereby release and discharge each
her from any and all claims that ach party has or may have
against the other a ising ut of or resulting from the License.
-4-
That the arties hereto represent nd w rrant that the
fficers and /or repres ntatives executin this Agreement have
the full and complete authority to do so and each party agrees
to indemnify the other from and against any liability, loss or
damages resulting fr m the failure of such officers and or
re r s ntatives having the uthority t execute this Agreement.
We will hold each other mutually harmless for the
perf rmance of the contracts and termination f the same.
-6-
-5-
Licensor agrees to reimburse to Licensee the annual rent
lr dy paid for th perio September 1, 2012 through August 31,
2013 within 60 days of ful execution of :this Agreement.
Remainder of page left blank intentionally
Site ID: 026 -213 Maddox
Site Address: 3936 Belair Rd. Augusta, GA
IN WITNESS WHEREOF, LICENSOR and LICENSEE have executed
this A reement s f the day and year first ab ve written.
WITNESSES:
4EL-49 (4) gz.,if
(witn ss #1)
STATE OF �1L & 2 L&)
COUNTY OF L )
THE forgoing instrument was acknowledged before me this
/Q d a Y (T/ OUA? v 2 012 by k 1Wl D C'OPWHAV02, a f I. UIS 774, 6A1 •
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Its:
LICENS �""
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Ausgtst� Util t ,ies
(-- //1/2.A.0 (.C /ft9 CIA-C 61i (SEAL)
Notary Notary Public for
Commission Expires:
bAV1 COp1 /i,41/2
MAYO12
ACKNOWLEDGEMENT
Site ID: 026 -213 Maddox
Site Address: 3936 Belair Rd., Augusta, GA
IN WITNESS WHEREOF, LICENSOR and LICENSEE have executed
this Agreement as f the day and yea first above written.
7
(witness #1)
t yam
(witness #2)
STATE OF
COUNTY OF
Notary Public
LICENSEE:
New Cingular Wireless PCS, LLC,
By: AT &T Mobility Corporation
Its: Manager
e
Print Name: erry R. Kilgore
Its: Area Manager Construction & Engineering
Date. I I Z
Commission Expires:
ACKNOWLEDGEMENT
THE forgoing instrument was acknowledged before me this
b day f\ c_, L— 2 012 by Terry R. Kilgore as
l 4 LA-) c s PGs
Area Mgr Coast & Engrg f
(SEAL)
Site ID: 026 -213 Maddox
Site Address: 3936 Belair Rd., Augusta, GA
EXHIBIT A
Attach copy of the License Agreement
Tank Name & No.: Augusta Utilities
Location: 3936 Belair Road
Carrier Name: Maddox
Carrier LD.: 026 -213A
CO- LOCATION LICENSE AGREEMENT
THIS CO- LOCATION LICENSE AGREEMENT (the "Agreement ") is entered into
this 5 r day of _, �.oa by and between AUGUSTA,
GEORGIA (hereinafter refer4'ed � to as "LICENSOR ") and BELLSOUTH PERSONAL
COMMUNICATIONS, LLC, a Delaware LLC, dba CINGULAR WIRELESS (hereinafter
referred to as "LICENSEE ").
WHEREAS, 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 as the "Tank ") erected on the Premises; and
WHEREAS, LICENSEE 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 footage
allowed under the terms of this Agreement) and operate the following communications
equipment ( "Equipment "), described in greater detail on Exhibit "B" attached hereto, for
the purpose of a communications facility and uses incidental thereto:
(a) Up to 9 antenna(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
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 and 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 or at the expiration of any 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 LICENSOR, providing that LICENSEE shall pay to LICENSOR on or
prior to the date of such termination of this Agreement a sum equal to seventy percent
(70%) of 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 LICENSOR a non- refundable application fee of $2500.00, per tank, per application
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due upon LICENSOR's receipt of application for co- location. Additionally, - as
compensation to LICENSOR 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 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 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 GANO2
Norcross, Ga. 30071
Address Remittance is Payable To:
Augusta Utilities
C/o Steve Lithe
360 Bay St.
Suite 180
Augusta, Ga. 30901
To ensure proper credit of remittance, please include the Licensed Premises name,
address and 1.D. 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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4
5. APPROVALS: LICENSEE is responsible for obtaining all necessary - Federal,
State and local governmental approvals.
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 limitation, the rules and regulations of the Federal
Communications Commission ( "FCC "), the Federal Aviation Administration ( "FAA ") and the
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), LICENSEE shall comply with the following terms 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 LICENSEE's employees or by
contractors approved by LICENSOR, 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 government laws, 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 towers, water tanks and antenna sites.
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 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 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 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 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. 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 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 selected by LICENSOR for their review and approval, prior to
any installation and /or modification that will require access to the Tank structure.
A final inspection must be completed by a representative of the LICENSOR, at
LICENSEE's expense, said expense to be $2,000.00, to be paid within thirty (30) days of
invoice by LICENSOR to LICENSEE, 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 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 detects, 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 completion 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 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.
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
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 shall have the right to remove same and charge LICENSEE for 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 antennas, cables and any other equipment
located on the Tank should LICENSEE so fail or refuse to remove same.
LICENSEE will have no claim against LICENSOR for such interference or interruption.
Contact for LICENSEE notification under this Paragraph 9 (in addition to
standard notices as provided for in Paragraph 17 hereinbelow):
Address:
Title:
Phone No.:
5600 Glenridge Drive, Suite 301
Atlanta, GA 30342
Real Estate /Construction Manager
Jack Gill/ 404 - 713 -0183
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 govemmental 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) hours, LICENSOR shall have the right, but not the obligation, to make
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such emergency repairs on LICENSEE's behalf and invoice LICENSEE for all costs
associatedtherewith. 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 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 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 LICENSOR 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 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 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 $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 •
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 business 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, 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 all
policies required hereunder, or copies thereof, shall be provided to LICENSOR by
LICENSEE.:LICENSEE 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 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 L10ENSEE'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) 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 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 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
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 damage the 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 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 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,
may terminate this Agreement 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 such 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 payment for 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 Premises, then LICENSOR agrees to require such lessees or licensees to
install equipment of types 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 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 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 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 its equipment 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, and 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
1 0
LICENSOR, mortgage or grant a security interest in this Agreement and LICENSEE'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, LICENSOR shall execute such consent to
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 sublet any portion of the Licensed Premises.
11
17. 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:
Fax #
E -Mail
As to the LICENSOR:
With copies:
Augusta- Richmond County Commission
c/o Administrator
Room 801, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
Augusta Utilities
Director, Augusta Utilities Dept.
360 Bay St.
Suite 180
Augusta, Ga. 30901
As to the LICENSEE:
Cingular Wireless
Attn: Network Real Estate
6100 Atlantic Boulevard
Mail Code GANO2
Norcross, GA 30071
Fax: 678.418.4166
With copies:
Cinguiar 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,
12
personal representatives, successors and assigns (when allowed to be assigned) of the
parties hereto.
19. CONDEMNATION: 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 accounted 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 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. LICENSEHOLD, 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.
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 Agreement, 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
Iris.
(Unofficial
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.
Signed, sealed and delivered this
day of
2003, in the presence of:
Unafcial ltness
CP n 1 ) / /Ic9 a
NO7ARY1UBLIC -•
My Commission
(NOI O'/ ic{ok4ia County. Georgia
My Commission Expires Aug. 1. 2006
Signed, seal gt and delivered this
'DI . day of
2003, in the presen
AU
14
LICENSOR
O IA
Attest: Ail /
L *�aBon 'e'
Clerk
LICENSEE:
(SEAL)
BELLSOUTH PERSONAL
COMMUNICATIONS, LLC, a Delaware
limited liability company, d/b /a Cingular
Wireless
B ,t_.�.,,...•, �--
Y
ll �ce n -i- I?. (1w.i ,cry
"President-- EKecu{4-( 1
(CORPORATE SEAL)
1. Tank Owner: Augusta, Georgia
Exhibit "A"
2. Address of Tank: 3936 Belair Road
Augusta, GA 30911
3. Coordinates: LT: 32° -2T - 44.231" by LN: 82° -07' - 27.558"
4. Tank Height: 146.09' AGL (to top of Tight, highest overall height)
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: Digital
4. Transmitter(s) Receiver(s)
Make: Norte)
Model: S8000
Power Output: 20 Watts
ERP: 1640 Watts
Number: Up to two (2)
5. Antenna(s)
Make: RFS
Model:
Dimensions:
Number:
Type:
Gain (DB):
6. Transmission Line(s) 7. Generator - Type N/A
Size
Make:
Size:
16
Make:
Model:
Number:
TVRO(s)
Make:
APXV18- 2065515L -2 Model:
53.5" x 6.6" x 3.2" Diameter:
Up to 9 Number:
Crosspole
(to be remitted to LICENSOR after completion of sweep testing)
Andrews
1 5/8" 8. Fuel Tank - Size N/A
Number: Up to 12
Line Type & Length: Alpha approx. 215'; Beta approx. 200'; Gamma approx. 140'
Line Loss (DB): (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) 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) Floor space within LICENSOR's Equipment shelter measuring _NIA__' x _NIA= for Licensee's _NIA_
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 cabinets/building /enclosures, generator, fuel tank and
grounding rings, location and availability subject to LICENSOR's approval
10. Interference Suppression Equipment
Describe: Not Applicable
Exhibit "C"
(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)
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 Certificate — to be attached
17
Site ID. 026-213 Maddox
Site Address: 3936 Belair Rd , Augusta, GA
EXHIBIT B
Attach copy new License Agreement with Utility Service
Communications
Utility Service Communications
Tank License Agreement
UTILIT' SE CATIONS CO., INC.
535 Courtney Hodges Blvd.
P.O. Box 1350
Perry, Georgia 31069
Tel: 478-987-4663 800 - 679 -7819
Fax: 478-987-1844
www.utiiityservice.com
Tank Owner: Augusta Utilities
Tank Location: 3936 Belair Road
Augusta, GA
Licensor Project No.: 127711
Licensee Name: AT &T
Licensee I.D.: 026 -213 - Maddox
Licensee Fixed Asset No.: 10031255
License Agreement
This non - exclusive LICENSE AGREEMENT (the "Agreement ") is made this
day of , 2012 by and between Utility Service Communications
Co., Inc, a Georgia Corporation, whose business address is P.O. Box 1350, 535 Courtney
Hodges Blvd., Perry, Georgia 31069 (herein referred to as the "Licensor" or
Company ") and New Cingular Wireless PCS, LLC, a Delaware limited liability
company, its affiliates and successors that elect to participate whose business address is
12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (herein referred to as the
"Licensee ").
RECITALS
9 -26 -12 / 10 -11 -12 FINAL
WHEREAS, Licensor has entered into an exclusive Wireless Communications
Management Agreement (the "Marement Agreement ") with the owner of the Water
Tank ( "Tank Owner ") described on Fj$it B attached hereto; and whereas Licensor has
authority under that Agreement to enter licensing Agreements with respect to the
placement of radio communications Equipment and related enclosures in or about the Site
(as such term is hereinafter defined) and upon the Water Tank (as such term is hereinafter
defined) and within certain enclosures and buildings on the Site; and whereas the parties
hereto have mutually agreed to this License pursuant and subject to all of the terms and
conditions hereinafter set forth.
PROPRIETARY INFU RM TION
DO NOT DUPLICATE OR RE- DISTRfBUTEVITHOUT APPROVAL
1
Utility Service Communications
Tank License Agreement
NOW THEREFORE, in consideration of, and subject to, the timely, faithful and
full performance of all of Licensee's obligations hereinafter set forth, Licensor does
hereby grant to Licensee a license as follows:
1. Scope of License
9 -26 -12 / 10 -11 -12 FINAL
Subject to the terms and conditions of this License Agreement ( "Agreement "),
Licensor hereby grants permission to Licensee to install, maintain and. .operate the radio
communications Equipment ( "Equipment ") described in greater detail on Mill& A attached
hereto on the Water Tank (herein referred to as "Tank ") located at 3936 Belair Road,
Augusta, GA.(LT: 32° - 27' - 44,231" by LG: 82° - 07' — 27.558 ") ( "Site ") (Site and Tank
are described in greater detail on Exhibit B attached hereto).
The Equipment and accessories to be installed in Licensor's Site near the base
of the Tank ( "Equipment Area ") if any ( "Licensee's Area "), provided that Licensee hereby
covenants and agrees that it will not construct any improvements at the Site without
Licensor's prior written approval. No outside storage of any kind at the Site is permitted by
this Agreement without the prior written consent of the Licensor.
2. Term and Termination
(a) The term of this Agreement shall commence on the earlier of the start of
the installation of the Licensee's Equipment or September 1, 2012 ( "Commencement Date ")
and shall continue for a period of five (5) years ( "Initial Term ") with four (4) additional five
(5) year renewal period(s) ( "Renewal Terms "), subject to Licensor's renewal of the
Management Agreement (the Initial Term and the Renewal Terms shall be collectively
referred to herein as the "Term "). 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 or at the expiration
of any Renewal Term by giving the other party written notice not less then ninety (90) days
prior to the expiration of the then current term.
(b) This Agreement may be terminated by Licensor upon one year (1) year
written notice that the Tank is to be removed.
(c) This Agreement may be terminated by the Licensee upon sixty (60) day
written notice if the Tank and or the Site has become unusable to Licensee due to: (i)
uncorrected material interference with Licensee's use of the Tank and or Site resulting from
the acts of a third party; or (ii) an act of God or from other natural forces beyond the control
of both Licensee and Licensor.
PROPRIETARY INFORIVIATTVN
DO NOT DUPLICATE OR RE- DISTRI1FUTE SHOUT APPROVAL
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Utility Service Communications 9 -26- 12/10 -11 -12 FINAL
Tank License Agreement
(d) This Agreement may be terminated at any time by Licensee with sixty (60)
days written notice to the Licensor, providing that Licensee shall pay to Licensor on or prior
to the date of such termination of this Agreement a sum equal to seventy percent (70 %) of
the aggregate regular license fees that would be due hereunder during the remaining term of
this Agreement if the Agreement had not been terminated pursuant to this section 2(d).
(e) This Agreement may be terminated by either party upon default (other than
a payment default) of any covenant or term hereof by the other party which default is not
cured within thirty (30) days of receipt of written notice of default (without, however,
limiting any other rights available to the parties pursuant to other provisions hereof). If
Licensee is in default of any of its payment obligations hereunder and fails to cure such
default within ten (10) business days after Licensee receives written notice thereof from
Licensor, Licensor may terminate this Agreement and thereafter pursue any and all rights and
remedies that Licensor may have hereunder or at law or in equity.
3. Fees
(a) Licensee shall pay Licensor a monthly fee of Three Thousand One
Hundred no /100 ($3100.00) Dollars ( "Site Fee ") during the first year of the Initial Term of
this Agreement, which shall be payable on the first day of every month. Subject to the
provisions of Section 5(c) hereof, the Site Fee is (exclusive) of charges for the furnishing of
electricity to Licensee with the first payment due coinciding with the commencement date.
(b) Effective on the anniversary of the Commencement Date of this
Agreement during each year of the Initial Term and Renewal Term(s), the then current Site
Fee payable by the Licensee to the Licensor shall be increased by an amount equal to three
percent (3 %) percent over the total Site Fee payable by the Licensee for the preceding twelve
(12) month period.
(c) In addition to the Site Fee payable by Licensee hereunder, Licensee
shall pay to Licensor upon execution and delivery of this Agreement a one time non-
refundable Administrative Fee in the amount of One Thousand ($1,000.00) Dollars.
(d) Licensee agrees that the payment of any fees, additional fees, or other
payments set forth herein shall be due and paid without necessity of a demand or invoice
from the Licensor, and that Licensee shall pay an additional charge of five percent (5 %) of
the monthly fee for each payment made more then ten (10) days after due date. Licensee
Accounts Payable Notice address set forth in Section 15.
(e) All sums payable hereunder by Licensee, including, but not limited to,
the monthly Site Fee and Administrative Fee payable pursuant to Section 3(d) hereof, shall
be payable and delivered to Licensor Accounts Rec:able Notice address set forth in
Section 15, or to such other address as Licensor shall desi To enable proper crediting
of Licensee payments, please include the Site Name, Site Address, Licensor's Project
PROPRIETARY INFf3RMATION
DO NOT DUPLICATE OR RE= T1'R UTE WITHOUT APPROVAL
3
Utility Service Communications 9- 26- 12/10 -11 -12 FINAL
Tank License Agreement
Number and Site I.D. Number on remittance to Licensor. Licensor's federal tax
identification number is 58- 2587465.
4. Inwtion of Site
The Site shall be provided in "AS IS" condition by Licensor. Licensee has
visited and inspected the Site and accepts the physical condition thereof and acknowledges
that no representations or warranties have been made to Licensee by Licensor as to the
condition of the Site, including the Tank, as the case may be, and/or the Equipment Shelter or
as to any engineering data. Licensee is responsible for determining all aspects as to the
acceptability, accuracy and adequacy of the Site for Licensee's use. Licensor shall have no
obligation to obtain licenses for Licensee, or to maintain, insure, operate or safeguard
Licensee's Equipment.
5. Installation, Maintenance, and Operating Procedures
(a) Licensee shall install, maintain, 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 ( "FAA ") and the 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), Licensee shall comply with the following
terms and conditions:
(i) Licensee shall submit, in writing to Licensor Notice address
set forth in Section 15, all plans for such installations,
modifications or changes for Licensor's approval, which
approval shall not be unreasonably withheld or delayed. In
order to assure Licensee's compliance with the provisions of
this Agreement, the plans and specifications for Licensee's
Equipment and any modifications thereto shall be submitted to
Licensor for review and approval.
(ii) All work performed at the Site 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 Licensor's employees or by
contractors approved by Licensor, such approval shall not to be
unreasonably withheld or delayed. Licensee shall only allow
PROPRIETARY INFORMATION
DO NOT DUPLICATE ORIIEITIISTRIBUTRWITHOUT APPROVAL
4
Utility Service Communications 9 -26- 12/10 -11 -12 FINAL
Tank License Agreement
fully trained technicians and authorized personnel to work on
its Equipment located at the Site and such 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 performed on or near
communications towers, Tanks and antenna Sites. Licensee
shall provide certification of its compliance with the foregoing
requirements as well as similar certification from all
technicians and/or service people contracted by it to work on
the Site. 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 is unsatisfactory to Licensor must be repaired within thirty
(30) days of Licensor's delivery of written notice thereof to
Licensee. If Licensee fails to make such repairs, at Licensee's
sole cost and expense, within thirty (30) days after the delivery
of such notice, Licensor may perform all the necessary repairs
at Licensee's sole cost and expense and such sum shall be
immediately due upon the rendering of an invoice by Licensor
to Licensee as an additional fee due hereunder.
(iii) No work performed by Licensee, or its contractors,
subcontractors, or materialmen pursuant to this Agreement,
whether in the nature of construction, installation, alteration or
repair to the Tank or Site or to Licensee's Equipment, will be
deemed to be for the immediate use and benefit of the Licensor
or Tank Owner so that no mechanic's or other liens will be
allowed against the Tank or Site and estate of the Licensor by
reason of any consent given by Licensor to Licensee to
improve the Tank or Site. If any mechanic's or other liens will
at any time be filed against the Tank or Site of which the Tank
or Site is a part by reason of work, labor, services, or material
performed or furnished, or alleged to have been performed or
furnished, to Licensee or to anyone using the Tank or Site
through or under Licensee, Licensee will forthwith cause same
to be discharged of record or bonded to the satisfaction of the
PROPRH
DO NOT DUPLICATE OR ' APPROVAL
:INFORMATION
5
Utility Service Communications 9-26-12/10-11-12 FINAL
Tank License Agreement
Licensor. If Licensee fails to cause such lien to be discharged
or bonded within ten (10) days after it has actual notice of the
filing thereof, then, in addition to any other right or remedy of
Licensor, Licensor may bond or discharge the same by paying
the amount claimed to be due, and the amount so paid by
Licensor, including reasonable attorney's fees incurred by
Licensor, either in defending against such lien or procuring the
bonding or discharge of such lien, together with interest
thereon at the statutory rate, will be due and payable by
Licensee to Licensor as an additional fee hereunder.
(iv) All Licensee's Equipment shall be clearly marked to show
Licensee's name, Site name, Site I.D., address, and telephone
number and the name of a person to contact in case of an
emergency, FCC call sign, frequency, output power and
location. 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 Site per all regulatory requirements. (Not to be
attached to the Tank) 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 nstallation or modification . of the
Equipment.
(b) Notwithstanding anything to the contrary contained herein, Licensee
agrees that in all matters where Licensor's approval is required, and Licensor determines in
its sole reasonable discretion that a threat of interference or other disruption exists with the
business of Licensor, Tank Owner or other existing licensees or tenants, Licensor shall have
the absolute right t withhold such approval.
(c) In the event that Licensee requires an electrical power supply and/or usage
different from that currently available at the Site, L censee shall at its sole cost and expense
obtain such power supply. Any work performed in connection with this Section 5(c) shall
comply with the provisions of Section 5(a) here f Licensee hereby agrees that any power
line installed by Licensee shall run within the current easement of Licensor and any deviation
from such easement right shall be corrected at Licensee's expense, which sum shall be
immediately due as an additio al fe hereunder upon the rendering of an invoice by Licensor
to Licensee.
(d) In the event a zoning variance is required in connection with the
installation or modification of the Equipment, Licensor shall have the right, in its sole
discretion, to either (i) cancel this Agreement, or (ii) allow Lice see, at Licensee's sole cost
and expense, to obtain such variance. Licensor shall, at Licensee's request and expense,
reasonably cooperate with Licensee in obtaining such variance
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR Ili APPROVAL
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Utility Service Communica ions 9-26-12/10-11-12 FINAL
Tank License Agreement
(e) Subject to Section 5(a) (ii) above and Section 15 "Licensor Access
Notification Requirement" Licensor agrees that during the term of this Agreement,
Licensee's employees shall have access to Site for purposes of maintenance and repair of
Licensee's Ground Equipment, twenty-four (24) hours per day, seven (7) day per week.
However, Licensee must notify Licensor prior to gaining access to the Tank, Pursuant to
Section 15 "Licensor Access Notification Requirement". Licensee cannot satisfy the access
requirement to the Tank by leaving a telephonic message or voice mail. The Licensee agrees
and covenants that it will not access the Tank without first speaking with one of Licensor's
contacts listed in Section 15 "Licensor Access Requirements" to identify: (1) who will be
accessing the Tank and (2) why they will be accessing the Tank. In the event that Licensee
should require Licensor's assistance to gain access to the Site and or Tank, Licensee shall
reimburse Licensor for all •reasonable costs and expenses incurred by Licensor as a result of
such emergency access. All access to the Tank and Site shall be subject to the continuing
control of, as well as reasonable security and safety procedures established from time to time
by Licensor. Licensor may, from time to time, establish reasonable rules relating to the Tank
and Site. Licensee agrees to c mply with such rules.
(f) 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. Utility Service Company must be given the "First Right of Refusal" to
perform both the interior and exterior touch up on Tanks that are currently being maintained
by Utility Service Company. Licensor must be suppled with a copy of the Purchase Order
(PO) and/or Notice to Proceed (NTP) along with a tentative schedule date of when touch up
will be performed. 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.
(g) All structural analysis and drawings must be submitted in compliance with
Licensor's requirements described on Exhibit D.
(h) All installations shall be done in c mpliance with Licensor's Installation
Standards described on Exhibit E.
(i) A final inspection must be completed by a representative of the Licensor
prior to Licensee being allowed to go on air. Licensee must supply advance notice to
Licensor to perform inspection Such inspection approval shall not be unreasonably withheld
or delayed.
6. Interference
(a) The installation, maintenance and p ration of the Licensee's
Equipment shall not interfere electrically, or in any other m nner whatsoever, with the
PROPRIETARYINFORMATION
DO NOT DUPLICATE OR RELDISTRIBUtE WITHOUT APPROVAL
7
Utility Service Communic to s 9-26-12/10-11-12 FINAL
Tank License Agreement
Equipment, facilities or operations of Licensor or any of the licensees and/or tenants on the
Site or the operation of the Tank. Notwithstanding anything in this Agreement to the
contrary, it is expressly understood and agreed that if the installation and/or operation of
Licensee's Equipment interferes with:
(i)
other radio communications systems and Equipment installed
prior to the Commencement Date of this Agreement, Licensee
shall upon request (verbal or otherwise) immediately suspend
its operations (except for intermittent testing) and do whatever
Licensor and Licensee deems necessary to eliminate or remedy
the interference. If it is determined that the interference
cannot be rectified by both Licensor and Licensee, then the
Licensor, may at its option, terminate this Agreement upon
written notice to the icensee, whereupon the Licensee shall
remove its Equipment at its sole cost and expense and in
accordance with Section 9 hereof. In the event that Licensee
fails to remove its Equipment within fifteen (15) days of such
termination, Licensor may remove and store any and all of
Licensee's Equipment at. Licensee's sole cost and expense; or
(ii) with any other radio system Equipment installed at the Site
after Commencement Date of the Agreement, Licensee shall
cooperate fully with Licensor and any future licensee or tenant
("Future Party") injured by Licensee's interference to remedy
the interference. Licensee shall do whatever Licensor deems
reasonably necessary to cure such interference, provided,
however, that all costs related to remedying such interference
shall be the responsibility of the Future Party, unless such
interference is due to failure, defects or deficiencies in
Licensee's systems, Equipment or installation.
(b) Licensee hereby acknowledges that Licensor has licensed, and will
continue to license, space at and upon the Site 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 Site. 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 Site. 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 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 elimina es such interference within
PROPRIETARY:INFORMATION
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Utility Service Conununica ions 9-26-12/10-11-12 FINAL
Tank License Agreement
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 payment for periods
after the termination of this Agreement will be reimbursed o L censee.
(c) Licensor reserves the right to require Licensee to relocate one or more of
its antenna(s) at the Site and/or on the Tank and Licensee agrees to relocate said antenna(s) at
• Licensor's expens , provided ha said relocation does not substantially change the operation
• of Licensee' s Equ pment.
7. Structural Modifications and Repairs.
In the event that Licensor, in its sole discretion, determines that any structural
modifications or repairs need to be made to any p rtion of the Site due to the presence of
Licensee's Equipment or other improvements, Licensor shall notify Licensee of the needed
modifications or repairs, and the following procedures shall apply thereto:
(a) If structural modifications are necessary prior to Licensee's installation
or modification of the Equipment, then either: (i) Licensee shall, at its sole cost and expense,
promptly make all such noticed modifications in accordance with Section 5 hereof; or (ii) If
such noticed modifications are not completed within sixty (60) days of such notice, either
party shall have the right to terminate this Agreement by giving the other party thirty (30)
days' prior written notice of such termination.
(b) If repairs are necessary due to the presence of Licensee's Equipment,
Licensee shall, at its sole cost and expense, promptly make all such noticed repairs in
accordance with Section 5 hereof; provided, however, that in the event of an emergency,
Licensor shall have the right to make such modifications or repairs at Licensee's expense,
upon notice to Licensee, and such sum shall be immediately due as an additional fee
hereunder upon the rendering of an invoice by Licensor to Licensee.
(c) Any structural modification, repairs, additions or improvements to the
Tank shall become the property of the Tank owner.
8. Tank Issues
Licensee recognizes that the primary function of the elevated Tank is to
provide water storage for the Tank Owner and its customers. Licensee understands that
Licensor and/or the Tank Owner may find it necessary from time to time to interrupt and/or
interfere with Licensee's use of the Site in order to maintain, repair and monitor the Tank.
Licensor will make every effort to minimize such interruptions, and Licensee will have no
claim against Licensor or the Tank Owner for such interference or interruption. Licensee
Emergency Contact information set forth in Section 15.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTF*ITHOUT APPROVAL
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Tank License Agreement
9. Removal of Licensee's Equipment
Provided that Licensee is not in default in the performance of its obligations
hereunder, at the expiration of this Agreement or earlier termination hereof, Licensee shall
remove all of the Equipment. Such removal shall be performed pursuant to the guidelines set
forth. in Section 5 of this Agreement, without any interference, damage or destruction to any
other Equipment, structures or operations at the Site or any Equipment or other licensees or
tenants thereon. Licensee shall submit to the Licensor Notice Address given in Section 15,
a removal plan and clean up plan for Licensor's written approval, which approval shall not to
be unreasonably withheld or delayed. Any and all interference or damage caused to the Site
or to the Equipment of the licensees or tenants at the Site 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 ten (10) 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 immediately due as an additional fee hereunder upon the
rendering of an invoice by Licensor to Licensee.
10. Indemnifcation
(a) Licensee shall indemnify and hold Licensor and Tank Owner harmless
from (i) all costs of any damage done to Licensor's or other licensees' or tenants' facilities or
Equipment located at the Site that occur as a result of the installation, operation or
maintenance of Licensee's Equipment or Licensee's other improvements; and (ii) any claims,
demands, or causes of action for personal injuries, including any payments made under any
workers compensation law or any plan of employee's disability and death benefits, arising
out of Licensee's occupancy of the Site or the installation, maintenance and operation or
removal of Licensee's Equipment, except only such damages, costs, claims, causes of action
or demands caused solely by the gross negligence or willful misconduct of Licensor or Tank
Owner.
(b) Licensor and/or Tank Owner shall not be responsible or liable to Licensee for any
loss, damage or expense that may be occasioned by, through, or in connection with any acts
or omissions of other licensees or tenants occupying the Site. Licensee hereby assumes the
risk of the inability to operate its Equipment as a result of any structural or power failures at
the Site or the failure of Licensee or Licensee's Equipment for any reason whatsoever, and
Licensee agrees to indemnify and hold Licensor and/or Tank Owner harmless from all
damages and costs of defending any claim or suit for damages of any kind, including, but not
limited, to business interruption and attorneys' fees, asserted against Licensor and/or Tank
Owner by reason of such failure.
(c) Licensee shall also indemnify and hold Licensor and /or Tank Owner harmless
from any losses, liabilities, claims, demands or causes of action for property damage or
personal injuries, including any payment made under any worke''g compensation law or any
PROPRIETARY IN RN/WON
DO NOT DUPLICATE OR RE -DIM
1 0
'E'ITHOUT APPROVAL
Utility Service Communications 9- 26- 12/10 -11 -12 FINAL
Tank License Agreement
employee's disability and death plan benefits, arising out of or resulting from any claims,
damages, losses, liabilities or causes of action resulting in any way from RF radiation
emissions from Licensee's Equipment or any other harmful effect of Licensee's Equipment.
(d) Licensee shall also indemnify and hold Licensor and /or Tank Owner
harmless for early termination or modifications of this License Agreement that may be
required to comply with any and all future regulations imposed upon the Tank Owner by any
and all regulatory entities that the Tank Owner is or shall become subject to.
11. Condemnation, Damage or Destruction.
Licensor and Licensee agree that Licensor and /or Tank Owner shall in no way
be liable for the loss of use or other damage of any nature arising out of the loss, destruction
or damage to the Site or to Licensee's Equipment located thereon by condemnation, fire,
explosion, windstorms, water or any other casualty or acts of third parties. In the event that
the Site or any part thereof is damaged or destroyed by elements or any other cause, Tank
Owner may elect to repair, rebuild, or restore the Site to the same condition as it was
immediately prior to such casualty. In such event, the payments required herein shall cease
as of the date of such casualty until the Site, in Licensor's opinion, is restored to a useable
condition for Licensee's operation. If the Tank Owner chooses not to repair, restore, replace
or rebuild the Tank, Licensor may cancel this Agreement by giving written notice of
cancellation to Licensee within thirty (30) days of such casualty. If this Agreement is
canceled, the payments required herein shall terminate as of the date of such casualty.
Licensor and/or Tank Owner shall not be responsible or liable to Licensee for any loss,
damage or expense that may be occasioned by, through or in connection with any acts or
omissions of other licensees or tenants occupying the Tank, or any part of the premises
adjacent to or connected with the Tank, or for . any structural or power failures or
condemnation, destruction or damage to the Tank, the Equipment Shelter or Licensee's
Equipment Shelter, if any. Licensee shall not be responsible or liable to Licensor /Tank
Owner for any damage or expense that may be occasioned by any acts or omissions of other
licensees or tenants occupying the Tank.
In the event Licensor receives notification of any condemnation proceedings affecting
the Property, Licensor will provide notice of the proceeding to Licensee. If a condemning
authority takes all of the Property, or a portion sufficient, in Licensee sole determination, to
render the Premises unsuitable for Licensee the Agreement will terminate as of the date of
title vests in the condemning authority.
PROPREETARYINV. RAIATION
DO NOT DUPLICAT OTRE= `i'Rft3u i'E #ITHOUT APPROVAL
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Tank License Agreement
12. Insurance
(a) Licensee shall maintain in full force during the term of this Agreement the
following insurance:
(i)
13. Assignment
Worker's Compensation and Employers' Liability Insurance as
prescribed by applicable law, including insurance covering
liability under the Longshoremen's and Harbor Workers' Act
and the Jones Act, if applicable;
(ii) Comprehensive General Liability Insurance (Bodily Injury and
Property Damage; and including blanket contractual and
completed operations coverage), the limits of liability of which
shall not be less than $1,000,000 each occurrence and in the
aggregate in respect of bodily injury, including death, arising
from any one occurrence, and $1,000,000 each occurrence and
in the aggregate in respect of damage to property arising from
any one occurrence, and umbrella policy of not less than
$5,000,000 each occurrence and in the aggregate.
(b) The above insurance shall provide that Licensor will receive not less than
thirty (30) days written notice prior to any cancellation of, or material change in, the
coverage under such insurance policies. The insurance specified in Section 12(a)(ii) above
shall contain a waiver of subrogation by Licensee against Licensor and Tank Owner and shall
include the name Licensor and Tank Owner as additional insured, and shall provide that the
insurance is primary coverage with respect to all insured and contain a standard cross -
liability endorsement. Licensee shall furnish to Licensor a certificate of insurance confirming
that the insurance coverage as specified herein is in full force and effect. Insurance certificate
must be submitted by Licensee to Licensor upon execution of this Agreement.
(c) Notwithstanding the foregoing insurance requirements, the insolvency,
bankruptcy, or failure of any insurance company carrying insurance for Licensee, or the
failure of any such insurance company to pay claims as they accrue, shall not be held to
waive any of the provisions of this Agreement or relieve Licensee from any obligations under
this Agreement.
(a) Licensor and Tank Owner reserve the right to assign, transfer, mortgage or
otherwise encumber their interests in the property on which the Tank is located and/or
Licensor reserves the right to assign, transfer, mortgage or otherwise encumber Licensor's
interest in the Agreement. Licensee agrees, upon demand, to execute and deliver to Licensor
and/or Tank Owner such further instruments subordinating this Agreement in connection
with any debt or financing transaction of Licensor and/or Tank Owner as may be required by
PROPRIET 4RY I1`1FORMAT N
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Tank License Agreement
Licensor and /or Tank Owner or their respective lenders. Licensee further agrees to execute
and deliver to any lender of Licensor and /or Tank Owner an estoppel certificate containing
such information as may be reasonably requested by such lender.
(b) Licensee may not assign, sublease or sublicense or otherwise transfer all or
any of its interest under this Agreement (including, without limitation, diplexing of signals,
granting of shared use rights, or utilizing digital or analog interconnect facilities for itself or
others) without the prior written consent of Licensor. Notwithstanding the foregoing and so
long as Licensee is not then in default hereunder, Licensee may assign this Agreement with
Licensor's prior written consent, which consent shall not be unreasonably withheld,
conditioned or delayed, to any of the following: (i) Any corporation, partnership or other
entity which controls, is controlled by or under common control with Licensee, provided that
new Licensee shall continue to remain liable to Licensor hereunder; (ii) Any corporation or
other entity resulting from the merger or consolidation of Licensee; (iii) Any corporation,
partnership, or other entity or person which acquires all or substantially all of the assets of or
fifty percent (50 %) or more of the stock of or equity ownership interest in Licensee, any
assignee must assume in full and in writing all of the obligations of Licensee under this
Agreement.
14. Common Equipment
Licensor contemplates that it may at its option, furnish and install antennas,
transmission lines, combiners, multicouplers and /or other related Equipment (herein called
"Common Antenna Systems ") at the Site. Provided that Common Antenna Systems are
compatible with Licensee's Equipment, as reasonably determined by Licensee in its sole
discretion, Licensee agrees to connect its Equipment to Licensor's Common Antenna
Systems within one hundred and eighty days of written notice containing a detailed
description of the proposed Common Antenna Systems. After receipt of such notice
Licensee may elect to (a) terminate this Agreement, or (b) so connect, or (c) provide Licensor
with documentation that reasonably evidences that the proposed Common Antenna Systems
will negatively impact Licensees telecommunications capability or signal emanating from
this Site and continue "as is ". If Licensee does not respond in said period, Licensee shall be
deemed to have elected option (b). If Licensee elects option (a), such termination shall be
effective one hundred and eighty (180) days after the date of such notice to Licensor.
15. Notices
All notices, demands, requests, or other communications which are required to
be given, served or sent by one party to the other pursuant to this Agreement shall be in
writing, and shall be mailed, postage prepaid, by registered or certified mail, or by a reliable
overnight courier service with delivery verification, to the following addresses or at such
other address as may be designated in writing by either party:
PROPRIETARY 1NFATION
DO NOT DUPLICATE OR RE- DISTRUTE WITHOUT APPROVAL
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Tank License Agreement
Licensor Notice:
Licensee Notice: FOR CERTIFIED MAIL
Phone #:
Utility Service Communications c inc
Attn: Debbie Sullivan Nice President Site Management
P.O. Boa :13$0
535 Courtneyjjodges Blvd.
Perry, GA 31069
Licensor Accounts Receivable:
Utility Service Communications Co., Inc.
P.O. Box 1350
Perry, Ga. 31069
Please include Licensor's Project Number on remittance
Licensor Access Notification Requirement: Pursuant to Sections 5 (e) and (c)
Lee Duke — ProjediManager
478-988-5260 or 478-396-0843
OR
Debbie Sullivan — VP Site Management
478-988-5255 or 478-396-9534
New Cingular Wireless PCS, LLC
Attn: Network Real Esta e Adm nistration
Re: Cell Site #: 026-213
Cell Site Name: Maddox
Fixed Asset No.: 10031255
PO Box 1630
Alpharetta, GA 30009
PROPRIETARY INFORMATION
DO NOT DUPLICATE ORRE-DISTRIBUTEIVITHOUT APPROVAL
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Utility Service Communica ions 9-26-12/10 11 12 FINAL
Tank License Agreement
Licensee Legal Dept:
Licensee Accounts Payable:
Phone.
FOR OVERNIGHT MAIL
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: 026-213
Cell Site Name: Maddox
Fixed Asset Number: 10031255
12555 Cingular Way
Alpharetta, GA 30004
Legal Department/Real Estate
Re: Cell Site #: 026-213
Cell Site Name: Maddox
Fixed Asset Number: 10031255
1025 Lenox Park Blvd.
5 Floor
Atlanta, GA 30319
New Cingular Wireless PCS, LLC
Attn: Accounts Payable
Re: Cell Site #: 026-213
Cell Site Name: Maddox
Fixed Asset Number: 10031255
P.O. Box 1630
Alpharetta, GA 300 9
Licensee Emergency Contact: Pursuant to Section 8
AT&T NOC (800) 298
Notice given by certified or registered mail or by reliable overnight courier shall be deemed
delivered on the date of receipt (or on the date receipt is refused) as shown on the
certification of receipt or on the records or manifest of the U.S. P stal Service or such courier
service.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTifilittelMMIOUT APPROVAL
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Tank License Agreement
16. Default
(a) Any one or more of the following events shall constitute a default
( "Default ") by Licensee under this Agreement:
(i)
Licensee's failure to pay any fees, additional fees or other
payments set forth herein and such failure continues for ten
(10) business days •after Licensor provides written notice
thereof to Licensee;
(ii) the abandonment by Licensee of either the Equipment or that
portion of the Site upon which the Equipment was installed;
(iii) the prosecution of any case, proceeding or other action under
any existing or future law of any jurisdiction, domestic or
foreign, relating to bankruptcy, insolvency, reorganization or
relief with respect to Licensee, or seeking reorganization,
arrangement, adjustment, winding - up, liquidation, dissolution
or other relief with respect to Licensee or Licensee's debts;
(iv) the making by Licensee of an assignment or any other
arrangement for the general benefit of creditors under any state
statute; or
(v) Licensee's failure to perform any other of its obligations under
this Agreement and such failure continues for thirty (30) days
after Licensor gives written notice thereof to Licensee.
(b) In the event of a Default, Licensor shall be entitled at Licensor's option to
terminate this Agreement and to remove all of Licensee's Equipment, improvements,
personnel or personal property located at the Site at Licensee's sole cost and expense. In the
event that Licensor should, as a result of the default in the performance by Licensee of its
obligations hereunder, incur any costs or expenses on behalf of Licensee or in connection
with Licensee's obligations hereunder, such sums shall be immediately due to Licensor as an
additional fee hereunder upon rendering of an invoice by Licensor to Licensee.
(c) At any time or from time to time after the removal of the Licensee's
property from the Site pursuant to Section 16(b) above, whether or not the current term of
this Agreement shall have been terminated, Licensor may (but shall be under no obligation
to) re- license Licensee's former space at the Site, or any part thereof, for the account of the
Licensor, for such term or terms (which may be greater than or less than the period which
would otherwise have constituted the balance of the current term of this Agreement) and on
such conditions (which may include concessions or free site fees) and for such uses as
Licensor, in Licensor's absolute discretion, may determine, and may collect and receive
PROIR :INFORMATION
DO NOT DUPLICATE OTC fi 'TI4IBEt WITHOUT APPROVAL
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Utility Service Communications 9 -26- 12/10 -11 -12 FINAL
Tank License Agreement
payments therefrom. Licensor shall not be responsible or otherwise liable for any failure to
re- license Licensee's former space at the Site or any part thereof or for any failure to collect
any payments due upon any such re- licensing.
(d) No Default pursuant to this Section 16, by operation of law or otherwise
(except as expressly provided herein), no removal of Licensee's property from the Site
pursuant to the terms of this Agreement, and /or no re- licensing of Licensee's former space at
the Site shall relieve Licensee of Licensee's obligations or liabilities hereunder, all of which
shall survive such Default, removal and/or re- licensing. Without limiting the foregoing,
upon Licensee's removal from the Site pursuant to this Section 16, Licensee shall
nonetheless remain liable for all license fees and other payments hereunder for the remainder
of the then - current term.
(e) All of the rights, powers, and remedies of Licensor provided for in this
Agreement or now or hereafter existing at law or in equity, or by statute or otherwise, shall
be deemed to be separate, distinct, cumulative and concurrent. No one or more of such
rights, powers, or remedies, nor any mention or reference to any one or more of them in this
Agreement, shall be deemed to be in the exclusion of, or a waiver of, any other rights,
powers, or remedies provided for in this Agreement, or now or hereafter existing at law or in
equity, or by statute or otherwise. The exercise or enforcement by Licensor of any one or
more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise
or enforcement by Licensor of any or all of such other rights, powers, or remedies.
(f) Licensor shall not be deemed in default in the performance of any
obligation unless Licensor has failed to perform such obligation within (30) days following
Licensor's receipt of written notice of such default from Licensee; provided, however, that if
Licensor's obligation is such that more than (30) days are required for its performance, then
Licensor shall not be deemed to be in default if it shall commence such performance with the
30 day period and thereafter, diligently prosecute the obligation to completion.
17. Taxes
Licensee shall pay all personal property or real property taxes assessed
against, or the portion of such taxes attributable to, Licensee's Equipment and/or its
improvements. Licensee shall not be obligated to pay real property taxes or other fees and
assessments attributable to the Tank or the Site.
18. Operational Responsibilities
(a) Licensee, at its sole cost and expense, shall be responsible for the
maintenance of its Equipment and its improvements, if any, in accordance with Section 5
herein and all applicable laws, rules, ordinances and regulations.
PROPRIETARYRtTION
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Tank License Agreement
(b) In the event that Licensor determines that the installation or operation of
the Equipment is resulting in corrosion or damage to the integrity of the Tank, Licensee shall
take corrective action at its sole expense within thirty (30) days after it becomes aware of
such corrosion or damage in order to eliminate the corrosion or damage. If Licensee fails to
take such corrective action within said thirty (30) day period, Licensor may perform all the
necessary corrective action at Licensee's sole cost and expense and such sum shall be
immediately due as an additional fee hereunder upon the rendering of an invoice by Licensor
to Licensee.
(c) Subject to Section 5 (e) and Section 15, Licensor agrees that Licensee shall
have limited access to the Tank for the purpose of installing Licensee's Equipment, and that
during the continuation of this Agreement. Licensee must give notification prior to gaining
access to the Tank and Site Pursuant to Section 15 "Licensor Access Notification
Requirements ". Licensee agrees that only authorized engineers of Licensee, or persons under
their direct supervision, will be permitted to enter the Site for any purpose as permitted
herein. Licensee understands and agrees that other licensees and their authorized
representatives shall also have limited access to the Site and the Tank for similar purposes,
and that Licensor shall not be responsible for the actions of any of such parties.
(d) Licensor at all times during the term of this Agreement will maintain the
Tank and all associated Tank lighting in compliance with all applicable federal, state and
local laws, rules and regulations relating to communications tower /structure lighting,
including, without limitation, Part 17 of the rules and regulations of the Federal
Communications Commission (the "FCC "). In the event that Licensee receives notice or
otherwise obtains knowledge that the Tank lighting is not in compliance with any applicable
law, rule or regulation, Licensee will immediately so notify Licensor (by fax or by telephone,
confirmed in writing) and will cooperate with Licensor in curing any such noncompliance.
19. RF Emissions Compliance
(a) Licensee is aware of its obligation to comply with all applicable rules
and regulations of the FCC pertaining to RF emissions standards, as well as applicable rules
and /or regulations of any other federal or state agency (including, but not limited to, OSHA)
having jurisdiction over the installation, operations, maintenance and/or working conditions
involving RF emissions and/or safety and work standards performed on or near
communication towers and antenna Sites. Licensee agrees to be solely responsible for
compliance with all applicable FCC and other governmental requirements with respect to the
installation, operation and maintenance of its Equipment and for repairs to its Equipment at
the Site. Licensee will immediately remedy its operations to comply with such laws, rules
and regulations as they apply to its operations and/or the operations of all tenants and users
taken in the aggregate at the Site.
(b) Licensee shall take any and all steps required to cooperate with all
tenants and users at the Site to comply individually and in the aggregate with all applicable
PROPRIETARY INOMATION
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Tank License Agreement
FCC and other governmental RF emissions standards. In this respect, Licensee agrees to pay
to Licensor its pro rata share of the cost of any engineering studies performed at the request
of the Licensor at the Site involving the measurement of RF emissions and RF emissions
compliance pertaining to the Site and the development of the initial Site specific safety plan.
The expense for subsequent changes to a Site safety plan caused by antenna modifications or
additions shall be borne by the party or parties responsible for such changes or additions.
20. Disclaimer of Warranties
LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ASSOCIATED WITH THE TANK OR SITE. LICENSEE ACCEPTS THE TANK
AND SITE "AS IS ".
21. Waiver of Licensor/Tank Owner's Liens
Licensor /Tank Owner waives any and all lien righ it may have, statutory or
otherwise, concerning the Licensee's Communication Equipment or any portion thereof.
Licensee's Communication Equipment shall be deemed personal property for purposes of
this Agreement. Licensor consents to Licensee's right to remove all or any portion of the
Licensee's ground Equipment from time to time in Licensee's sole discretion with prior
notification to Licensor.
22. Miscellaneous
(a) This Agreement shall not be modified, extended or terminated (other than
as set forth herein) except by an instrument duly signed by Licensor and Licensee. Waiver of
a breach of any provision hereunder and circumstances will not constitute a waiver of any
subsequent breach of such provision, or of a breach of any other provision of this Agreement.
(b) Licensor and Licensee represent and warrant to each other that no broker
was involved in connection with this transaction and each party agrees to indemnify and hold
the other harmless from and against the claims of any broker made in connection with this
transaction.
(c) No modification of this Agreement of Licensee's space at the Site or any
part thereof or of any interest therein by Licensee shall be valid or effective unless agreed to
and accepted in writing by Licensor, and no act by any representative or agent of Licensor,
other than such a written Agreement and acceptance, shall constitute an acceptance thereof.
(d) This Agreement .. embodies the entire Agreement between the parties and
supersedes all prior or contemporaneous Agreements between the parties with regard to the
PROPRIETARY INFORMATION
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Tank License Agreement
subject matter hereof. If any provision herein is invalid, it shall be considered deleted from
this Agreement and shall not invalidate the remaining provisions of this Agreement.
(e) This Agreement may be executed in counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
(f) All section headings and captions used herein are for the convenience of
the parties only and shall not be considered a substantive part of the Agreement.
(g) This Agreement shall be governed by and construed in accordance with
the laws of the State in which the Site is located.
(h).. This Agreement creates a license only and Licensee agrees and
acknowledges that Licensee does not and shall not claim at any time any real property
interest or estate of any kind or extent whatsoever in the Site by virtue of this Agreement or
Licensee's use of the Site pursuant hereto. Nothing herein contained shall be construed as
constituting a partnership, joint venture or agency between Licensor and Licensee.
(i) Neither this Agreement nor any memorandum hereof shall be recorded in
the land records of any county or city or otherwise without the prior written consent of
Licensor.
(j) Licensor warrants, represents and agrees that neither the Licensor, nor
to the best of Licensor's knowledge, any third party has used, generated, stored or disposed
of any hazardous materials in, on or under the property on which the Tank is located to the
best of Licensor's knowledge.
PROPRIETARY NFORMATION
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Tank License Agreement
IN WITNESS WHEREOF, the undersigned have executed this Ag eement.
LICENSOR:
UTILITY SERVICE COMMUNICATIONS Co., Inc.
By:
Name: Debbie Sullivan
Title: Vice President Site Management
Date:
LICENSEE:
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
By:
Name:
Title:
Date:
PROPRIETARy INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
21
Utility Service Communications
Tank License Agreement
Tank Owner:
Tank Location:
Licensor Project No.:
Licensee Name:
Licensee I.D.:
Licensee Fixed Asset No.:
1. Frequencies:
Existing
Transmit: 1940 -1985
Receive: 1860 -1905
New
Transmit: 1940 -1985; 734 -746
Receive: 1860 -1905; 704 -716
2. FCC call letters:
3. Type of Service: PCS, UMTS, LTE
4. Transmitter (s) :
Existing to remain:
Number:
Make:
Model:
TWO (2)
Ericsson
(1)3106/(1)2106
Power Output: 43 dBm
ERP: 685.49 watts
New:
Number: ONE (1
Make: Ericsson
Model: 6601
Power Output:
ERP:
Exhibit A
Augusta Utilities
3936 Belair Road
Augusta, GA
127711
AT &T
026 -213 - Maddox
10031255
PROPRIETARY INFORMATION
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9- 26- 12/10 -11 -12 FINAL
Exsting to be removed:
Number: NONE
Make: N/A
Model: N/A
DO NOT DUPLICATE OR RRL1MSTRTTHJTE WITHOUT APPROVAL
Utility Service Communications
Tank License Agreement
5. Receiver (s) :
Existing to remain:
Number: TWO (2)'
Make: Ericsson
Model:
Power Output:43 dBm
ERP: 685.49 watts
New:
Number:
Make:
Model:
Power Output:
ERP:
6.TMA(s) / ODU(S
Existing to r
Number:
Make:
Model:
Dimensions:
Weight:
New:
Number:
Make:
Model:
Dimensions:
Weight:
7. Diplezers(s) :
Exist ±rg to remain:
Number: NONE
Make: N/A
Model: N/A
Dimensions: N/A
Weight: N/A
New:
Number:
Make:
Model:
Dimensions:
Weight:
(1)3106 /(1)2106
ONE (1)
Ericsson
6601
TWELVE (12)
Andrew
ETM190G -12UB
15.8 "x 6.9" x
16 lbs
NONE
N/A
N/A
N/A
N/A
NONE
N/A
N/A
N/A
N/A
in:
Number:
Make:
Model:
NONE
N/A
N/A
9 -26- 12/10 -11 -12 FINAL
Existing to be removed:
Existing to be removed:
Number: NONE
Make: N/A
Model: N/A
2.9" Dimensions: N/A
Weight: N/A
Existing to be removed:
Number: NONE
Make: N/A
Model: N/A
Dimensions: N/A
Weight: N/A
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE- DISTRIBUTE WITHOUT APPROVAL
23
Utility Service Communications
Tank License Agreement
8 . RRU (s) / RRH (s) :
E ting to remain:
Number: NONE
Make: N/A
Model: N/A
Dimensions: N/A
Weight: N/A
Number and Size of Cable(s): N/A
New:
Number:
Make:
Model:
Dimensions:
Weight:
Number and
7/8" DC Cables
9. s
timg
SIX (6)
Ericsson
RRUS -11
18.2" 'x 25" x 6.7"
55 lbs
Size of Cables(s):
rctector (s) :
o rOMA3:
Number: NONE
Make: N/A
Model: N/A
Dimensions: N/A
Weight: N/A
Number and Size of Cable(s): N/A
New:
Number: ONE (1)
Make: Raycap
Model: DC6- 48- 60 -18 -8F
Dimensions: 24" x 11"
Weight: 18.9 lbs
Number and Size of Cables(s): N/A
Number: THREE (3)
Make: Raycap
Model: DC2- 48- 60 -0 -9E
Dimensions: 10.25" x 10.25" x 6.2"
Weight: 16 lbs
Number and Size of Cables(s): N/A
PRWRIET A INFOR NIATION
Existing to be removed:
Number: NONE
Make: N/A
Model: N/A
(1) 3/8"
Existing to be removed:
Number: NONE
Make: N/A
Model: N/A
DO NOT DUPLICATF`Ott`REIMSTRIBUTE WITHOUT APPROVAL
24
9- 26- 12/10 -11 -12 FINAL
fiber cable; (2)
Utility Service Communications
Tank License Agreement
10 .Antenna (s) :
Existing to remain:
Number: THREE.. (3)
Make:
Model:
Type:
Dimensions: 51.3 "x6.1 "x2.7"
Weight: 16.5 lbs
New:
Number:
Make:
Model:
Type:
Dimensions
Weight:
11 Microwave(s):
Existing to
Number:
Make:
Model:
Type:
Dimensions:
Weight:
New:
Number:
Make:
Model:
Type:
Dimensions:
Weight:
Kathrein
742215
Panel
THREE (3)
Kathrein
800 -10764
Panel
55.2" x 11.8" x
40.8 lbs
remain:
NONE
N/A
N/A
N/A
N/A
N/A
NONE
N/A
N/A
N/A
N/A
N/A
6 "
12 .RCU (s) / RET (S) :
Existing to remain:
Number: THREE (3)
Make: Kathrein
Model: 860 -10025
Type:
Dimensions: 7.6" x 2.3" x 1.9"
Weight: 1.16 lbs
Number & Size Coaxial Cable: (1)
25
Removing
Number:
Make:
Model:
Type:
Dimensions: 53.5 "x6.6 "x3.2"
Weight: 31 lbs
Existing to be removed:
Number: NONE
Make: N/A
Model: N/A
Type: N/A
Dimensions: N/A
Weight N/A
Existing to be
Number: NONE
Make: N/A
Model: N/A
Type: N/A
3/8"
PROP IrimmoioN
DO NOT DUPLICATE OR RE- DISTRT1 UTE`R'ITHOUT APPROVAL
9 -26- 12/10 -11 -12 FINAL
Contractually:
THREE (3)
RFS
APXV18- 2065515L - 2
Panel
removed:
Utility Service Communcations 9 -26- 12/10 -11 -12 FINAL
Tank License Agreement
New:
Number: NONE
Make: N/A
Model: N/A
Type: N/A
Dimensions: N/A
Number & Size C a i 1 Cable: N/A
13.Coax:
Existing
Number:
Make:
Model:
Color:
Size:
New:
Number:
Make:
Model:
Color:
Size:
to remain:
TWELVE (12)
Andrew
LDF7 -50A
White / black
6 @ 1 -5/8"
6 @ 2 -1/4"
NONE
N/A
N/A
N/A
N/A
14.Generator• None
Type:
Size:
15.Fuel Tank None
Type:
Size:
RCU cable must be attached to
Licensees Antenna coax Run.
26
Existing
Number:
Make:
Model:
Color:
Size:
PROTARY INFORMATION
DO NOT DUPLICATE OR RE- DISTRIBUTE WITHOUT APPROVAL
to be removed:
NONE
N/A
N/A
N/A
N/A
Utility Service Communications 9 -26- 12/10 -11 -12 FINAL
Tank License Agreement
16.Anterma mounting height, mounting orientation, and ground
space s age :
Mounting method and exact location subject to review and
approval by Licensor.
Loose gravel is NOT permitted at the site.
Adding three (3) antennas mounted on THREE BALCONY post(s)
at the 115' level, giving Licensee a total of 9 antennas on
nine (9) balcony post(s) at a maximum separation .between
posts of five feet in each sector.
Alpha position at 0 degrees balcony mid railing
Beta position at 120 degrees balcony mid railing
Gamma position at 240 degrees balcony mid railing
17. Licensee's Existing Ground space measuring 18' x 18'
will remain the same.
Final Configuration:
NINE (9) antennas
TWELVE (12) TMA'S
TWELVE (12) COAX
SIX (6) RRU's
FOUR (4) surge suppressors
ONE (1) fiber cable
TWO (2) DC power cables
ONE (1) ret cable
THREE (3) ret controllers
PROPRIETA ,' '`FRMATION
DO NOT 1 » ICATE OR RE- Dist 'kf$ WITHOUT APPROVAL
dIIi;
27
Utility Service Communica ions 9-26-12/10-11-12 FINAL
Tank License Agreement
Attach a copy of Wireless Communications Management Agreement
Attach a copy of Licensor's W-9
1. Tank Owner: Augusta Utilities
Exhibit B
2. Address of Tank: 3936 Belair Road, Augusta, GA
3. Coordinates: (LT: 32° 27' — 44.231" by LG: 82° - 0 ' — 27 558")
4. Tank Height: —147' AGL
5. Licensee Ground Equipment is :Cabinets
6. Site Plan — Sketch attached
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DIS2iKIBUTE WITHOUT APPROVAL
28
Utility Service Commum ations 9-26-12 / 10-11 12 FINAL
Tank License Agreement
Exhibit C
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
(Insurance certificate must contain waiver of subrogation)
PRCiiiiIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
29
Utility Service Communications 9 26 12 / 10-11-12 FINAL
Tank License Agreement
Exhibit D
Utility Service Communications Co., Inc (USCCI)
Structural & Drawing Requirements
Structural Requirements:
Gross Analysis, with calculations, of the entire structure using wind
loads appropriate for the ge graphical area per the latest AWWA c de
requirements. The analysis must show the actual versus allowable
stresses for the anchor bolts, wind rods, columns and struts. In
addition, local stresses should be evaluated at the antenna supports
attachment points.
Summary page must include.
1. Size of Tank (Capacity in ga lons).
2. Total number of posts if corral installation and number of
coax.
3. Total number of antenna and coax if balcony installation.
4. Wind load used (MPH).
5 Diameter of Tank bowl and balcony.
6. Total Tank height.
7. Balcony height.
Drawing Requirements:
1. All drawings must be Site sp cific.
2. If USCCI Project Manager has made site visit prior to
drawing, a sketch of site (n t to sc le) will be given to
Site Acquisition contact.
3. 4-6 gang meter for Power and Telco must be placed at the
Site to accommodate utility meter reader.
4. Coax may e required to be buried by USCCI Project Manager
and/ r Tank Owner
5. Coax must be routed on the inside (riser side) face of the
Tank leg. Only exception: design of Tank would not allow.
6. 1St and/or 2 Licensee coax must be installed in the inside
of a hinged jumbo cluster bracket 2' and/or 3r Licensee
install on outside of same bracket if ground Equipment
location will allow
7. Tank hei ht, RA center heig t, h lc ny height must be on
plans.
8. If Licensee is co-locating on top of Tank or corral, the
diameter of Tank must be on plans. Plans must indicate
current antenna locations on the Tank.
9. Only full sealed welding is allowed and must be indicated
on plans.
10. All coax running over the bowl of Tank must have at least
4' separation from Tank logo and coax must be shrouded with
shrouding painted to match Tank.
11. Corral must be painted to match Tank.
12. Licensee may be required to use col r co x to match Tank.
13. Painting of coax not allowed.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
30
Utility Service Communica ions 9-26-12 / 10-11-12 FINAL
Tank License Agreemen
14. Corral sts must be marked 1, 2, 3, etc., indicating which
post Licensee will be usin and the orientation of the
antenna's. ost #1 to align with True North. (No skipping
of post within a sector)
15. The number of coax installed must be den t d on plans.
16. Li ensee may e required to install a "Stymielock" at the
compound ntry gate. If applicable this lock must be
denoted on the drawings.
17. Signature box must be included on the title sheet.
Signature box to include:
a. USCCI Project Manager
Licensee Project Manag
18. The istance from Tank to Equi ment shall be no less than
10'
19. Licensed Ground area must be in concrete not gravel, due to
ground maintenance problems.
20. Low-level Ice Bridge must have concrete underneath to
prevent weed or grass growth.
Installation must follow Installation Standards in License Agreement
along with any site-specific requirements and/or Governmental and AWWA
requirements.
Installation inspection must be performed by USCCI Site Management
division prior to Licensee being allowed t go n air (Regardles.s of
Contractor)
USCCI Project Manager will make every effort to meet at the Tank Site
with Tank Owner, Site Acquisition contact, Project Manager and any
other parties prior to Licensee submitting for plans. This will help
insure drawings are c rrec the first time.
Make sure all involved parties are issued thes requirements as well as
Installation Standards in License Agreement.
If you have any questions, please contact:
Lee Duke, USCCI Project Manager at 1-478-9 8-526 or Cell: 1-478-396-
0843. Or, Debbie • Sullivan, USCCI Vice resident Site Management at: 1
800-679-7819 or 1-478-396-9534.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
31
Utility Service Communic ions 9-26-12 / 10-11-12 FINAL
Tank License Agreement
1.0 Introducti n:
2.0 Contractor Qualifications:
Exhibit E
Utility Service Commqpications Co., Inc. (USCCI)
Installation Standards for Antennas and Related
CommUnmcation Equipment
1.1 The various communication companies have been installing
antennas and related communication Equipment on Tanks for a
number of years, but more recently the frequency and
complexity these installati ns has increased
dramatically. The types of installati ns typically being
utilized have the potential of re uc ng the structural
integrity of the Tank facility and have several adverse
effects on the maintenance of the structure and its coating
systems. Major Tank manufactures have historically avoided
providing any engineering analysis or installation
assistance with regard to this type of Equipment.
1.2 The purpose of this standard is to
1. Provide a general guide for Licensee, their
consultants, site construction managers, installation
contractors and their crews.
2. Prevent possible structural failure.
3. Ensure compliance with the industry standards that
were in place during th riginal construction of the
facility.
4. Ensure current operational and maintenance standards.
5. Provide maintenance access to the Tank.
New appurtenan es and attachments are to be in compliance
with the lat st AWWA codes and regulations including
pro sed amendments and or commentaries.
1.3 Licensee may be required to install a "Stymielock" on the
compound entry gate.
1.4 Antenna installations on T nks withou revious Licensee
antenna installations will be requ red to furnish and erect
a corral in accordance with USCCI standard design and
meeting the OSHA 1926-502 Rail Requirements with a locking
gate when applicable.
1.5 At Tank Owner s request, Licensee may be required to use
col red c ax t match the color of the Tank as closely as
possible.
2.1 All licensee installations require the se of certified
electronics technicians, s eeplejacks electricians or
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
32
Utility Service Communication
Tank License Agreement
licensed contractors that have received
prior to commencing any installation work.
shall requir he completion of a USCCI Contractors
Qualification Package along with submitt 1 of photographs
of prior Tank .installations All installation work shall
be in accordance with an USCCI previously approved
installation plan. USCCI, at its sole discretion, shall
have the right to supervise the installation of any and all
Equipment. Ce tificates of insurance will be required by
USCCI of any installer.
2.2 All approved installers shall have demonstrated capability
of conforming to established manufacturer's installation
standards, as well as any special standards imposed by
USCCI. All work shall be performed in a neat and
workmanlike manner.
2.3 All install rs will have a certif e welder per AWS D1.1
performing any welding.
2.4 All installers will have a demonstrated familiarity with
AWWA 100 c de requirements as it relates to the
installation f a purtenancesand attachments.
3.0 Health and Safety:
3.1 Access to an existing structure shall not be permitted by
installation personnel without the express consent and
appr val of USCCI.
3.2 Any access to the interior f th Tank is not permitted
unless the Tank is emptied, taken out of service and
isolated from the water supply system.
3.3 Precautions
Any intrusion
contamination.
(see ANSI/AWWA C652)
sha 1 be taken to prevent water contamination.
t the Tank interior may be considered
If contamination occurs disinfect the Tank
3.4 Lockout and Tagout procedures should be in place and
followed.
3.5 Sit keys obtained will not e uplicat d. Combinations
shall not be shared with anyone.
3.6 Personal RF monitors must be worn and examined when it is
not possible t turn off the energy to any and all existing
devic s on the structure.
3.7 The c at ng system shall - be checked for hazardous
materials Where hazardous materials are found, the
environment, potable water supply and all personnel shall
be protected from contamination in accordance with
applicable standards.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
33
9-26-12 / 10-11-12 FINAL
USCCI approval
Such approval
Utility Service Communica ions 9-26-12 / 10 11 12 FINAL
Tank License Agreement
3.8 The contractor shall provide fall protection for their
personnel during installation or inspection of any
Equipment in acc rdance with OSHA.
3.9 Cables shall not be attached to any la d r structures, in
accordance with OSHA standards
3.10 Manholes and other access ports shall not be obstructed in
any way by cable routing or attachments, in accordance with
OSHA standar s
3.11 Balc nies and platforms shall not be obstructed in any way
by cable routing or attachments, in accordance with OSHA
standards.
4. . General Workmanship:
4.1 Epoxy attachments shall not be us . Epoxy compoun s can
lose strength at temperatures exceeding 140 degrees
Fahrenheit. Additionally, epoxy compounds can be subjected
to extreme stresses from thermal expansion/contraction of
the metal structure due to changes in the ambient
tempera ure n subsequently exhibit shear failure.
4.2 Stud welding shall not be used. A properly installed stud
weld will scorch the internal coating system in the same
manner as ordinary stick welding. In addition, the plate
attachment to the studs is open t water seepage and
corrosion from trapped wate nd mois ure. Proper coatin
procedures cannot be used n the Tank surfaces that have
plates or other attachments olted to them.
4.3 Any penetrations larger than 3" in diameter that are to be
cut into the support structure require special expertise in
design and installation to minimize the possibility of
structural damage to the structure. Consideration should
be given to re ucing the Tank water level whenever openings
are cut into the support structure per AWWA
recommendations A professionally engineered solution must
be provided.
4.4 Older are prone to hid en c rrosion. A careful
inspection of all comp n nts, including ultrasound
thickness measurements are recommende to verify the Tank's
structural strength relative to the original design.
Corrective repairs should be made as recommended by a
professional structural engineer competent with AWWA code
requirements.
4.5 Antenna c bles should be arranged and located to allow
protective wrapping during abrasive blasting and recoating.
Neatly arranged cables shall be offset from the Tank to
allow maintenance contractors to perform this work without
removing the cable runs. Chainin or s rapping to tower
legs or handrails is not all w d Ca le runs should be
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
34
Utility Service Commumca ions 9-26-12 / 10-11-12 FINAL
Tank License Agreement
routed under balconies or walkways to minimize access and
rigging interference. Vertical coax routing up a leg
should be orientated towards the c nter of the Tank on the
insi e fac of the leg, typically between the struts and
riser r s
4.6 Licensee shall use hinged cluster brackets with snap-in
clips capable of supporting twenty-four (24) 1 5/8" coax
cables and sha 1 route the coax cables on the inside of the
cluster br cket .
4.7 Cables and antenna shall be installed to provide a minimum
of 6" clearance from the coating systems. Any deviations
must be expressly approved by USCCI.
4 8 Coax runs shall have a minimum o 4'- " cl arance from Tank
logos. The coax run on the Tank b wl shall be shrouded and
painted to match the Tank.
4.9 Coax hoisting grips shall not be supported by the balcony.
The balcony is a critical structural component of the Tank
struc ure.
4.10 If new antennas re installed on the top of the Tank, FAA
obstruction lighting may need to be installed or raised to
meet FAA guidelines. Local FAA height restrictions should
be adhered to strictly.
4.11 Many components common to the commu 'cations industry are
designed for easy shipping. When bo te together, back to
back components should be seal welded to prevent future
corrosion and rust streaking.
4.12 When electrical components are installed within the Tank
sup ort p dest 1 the effects f high humidity, moisture
and co de sa i ns should be considered and the Equipment
ade uat ly pr t cted or waterproofed.
4.13 Interference with interior Tank components should be
considered and avoided to minimize cable rerouting.
4.14 Penetr ti ns shall be des gned in accordance with AWWA
secti n 3 13
4.15 Penetrations through walkways and platforms shall be toe
board compliant in accordance with OSHA regulations.
4.16 Ground bars an leads shall not e installed on any part of
the structure. Full seal welded coax and antenna standoffs
may be utilized for mounting ground bars and leads.
4.17 A structural analysis by a professional engineer competent
in the application of the AWWA code requirements is
required on each structure.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
35
Utility Service Communica ions 9-26-12 / 104142 FINAL
Tank License Agreement
4.18 All installers shall comply with applicable local, state
and federal requirements. In the absence of any applicable
government standards, applicabl BO A and NEC codes, as
well as FIA, TIA and AWWA, Standards will apply.
4.19 All materials and workmanship are to be incompliance with
the latest AWWA codes and regulations
5 0 Welding:
5.1 All welding shall be in accordance
8, Weldin nd Section 11, Ins ection
requires all welders to be certified in
D1.1.
5.2 All wel s to the Tank surface sha 1 e ma e with E7018
hydr en rod and shall be sm ot an free of burs
undercuts. Unacceptable welds s all e repaired as
requires to meet AWWA D100 requirements.
5.3 No welding shall be done when the ambient temperature is
below 32 degrees Fahrenheit unless the c ld weather welding
requirements of AWWA D100, Section 10.2.1 are followed.
5.4 Penetrations shall not intersect Tank weld seams.
Penetrations should clear existing seams by 6 inches. If
this clearance is not possible, a review by a professional
engineer shall be made of adjacent weld seams that may be
affecte by local welding.
5.5 Welding to the'Tank or access tube opposite the water level
is not permitted. The water level shall be drawn down to a
level not less than 2 feet below the point of welding.
5.6 Galvanized c m onents shall not be welded directly to the
Tank surface. Galvanized surfaces mating to the Tank
structure must be ground fr of galvanizing pri r t
welding.
5.7 Tubular columns on
hermetically sealed and
under any circumstance
inside the le and ev
damage.
6.0 Painting:
6.1 Welding may
the weld
repaire in
paint system.
after completion
compatible with
recommended that
to evaluate the
with AWWA D100 Section
and Testing. This
accordance with AWS
multi-leg supported Tanks are
must not be breached or punctured
since moisture will accumulate
entually cause serious structure •
cause blistering of the interior paint opposite
amaged interior paint surfaces shall be
a manner that is compatible with the existing
Exterior paint damage shall be repaired
of the antenna installation, and should be
the existing paint system. It is
a one-year annivers ry inspection be made
quality of the touchup and repainting if
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
36
low
and
6.1
Utility Service Communications 9-26-12 / 10-11-12 FINAL
Tank License Agreement
required. AWWA D102 should be consulted for proper paint
procedure.
6.2 All painting and surface prep r ti n shall be in compliance
with SS C an NACE regulations.
6.3 Utility Service Company must be given "First Right of
Refusal" to perform both interior and exterior touch up on
Tanks th t ar currently being maintained by Utility
Servic C mpany
7.0 Electrical:
7.1 All installation work shall be performed in a neat and
workmanlike manner. Any new installation shall not cause
mechanical, electrical or electronic interference to other
RF Equipment located on the si e.
7.2 All installations shall comply with all applicable local,
state and federal requirements. In the absence of any
applicable government standards, applicable BOCA and NEC
codes, as well s EIA, TIA and AWWA must be adhered to.
7.3 All RF Equipme t and transmission • lines installed shall be
FCC ype accepted for the radio service and frequencies
proposed in the license Agreement and attached exhibits.
7.4 All transmission lines shall be attach d to tower coax
supports using snap-in hangers The use f stainless steel
angle adapters (Andrew 31768A or ap roved equal) is
authorized. Cable ties are no permitted.
7.5 Where practical, cable runs shall be buried between the
tower and electrical Equipment housing.
7.6 When p ssib e, the Equipment cabinet or shelter will be
locat d a minimum of 10'-0" from the Tank.
7.7 A four (4) to six (6) gang meter for Power and Telco shall
be provided by the Licensee.
8 0 Equipment.
8.1 All transmission lines shall be tagged at the top and
bottom of each run near the connector with an
identification tag containing the Licensee's name, with
Sector loca ion FCC or IRAC call sign and the frequency
assigne . rass tags with c per wire are preferred.
Plastic tags with vinyl labels or indelible ink markings
are acceptable Licensee's name, site name, site I.D.,
site address, contact for the licensee, phone number and
the output power must be posted at the site.
8.2 Licensee shall be responsible for the pr p r signage at the
site per all regulatory requirements.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
37
Utility Service Communi awns 9-26-12 / 10-11-12 FINAL
Tank License Agreement
8.3 Equipment shall only be installed in locations and
positions determined by Utility Service Communications.
The USCCI Project Manager will designate the exact
locations for the installation f electric Equipment,
transmission lines and anten as. If for any reason the
proposed installation cannot conform to these instructions,
the USCCI Project Manager shall be contacted prior to any
further w rk
shall be housed in suitable EIA
Equipment racks. All enclosure
remain closed and locked at all
times except during actual Equipment servicing.
8.4 All install d Equipment
appr ved enclosures or
doors and covers shall
8.5 Any new install tion will n t cause mechanical, electrical
or electronic interference to other Licensee RF Equipment,
other associated Licensee Equipment or any Licensor
Equipment located in the Equipment shelter, tower structure
or anywhere else on the site.
8.6 Equipment installed greater than 20' 0" from the Tank must
hav he coax run buried per applicable specifications
8.7 Ice ridges must either be a maximum
with concrete underneath to prevent
problems. Or, a minimum of 7'-0" above
owner to maintain the grounds.
9 Inspections & Approvals:
9.1 USCCI shall be provided with 'as-built plans' or Tank
mapping for review.
9.2 USCCI shall be provided with th structural analysis for
rev w n a pr v 1. (See "Exhibit D" for Requirements)
9.3 USCCI shall be provided with all drawings for review and
approval prior to start of construction. (See "Exhibit D"
for Requirements)
9.4 USCCI must be supplied with a copy f the Purchase Order
(P.O.) and/or Notice to Pr ceed ( T ) and a tentative
schedule date of when exteri r and interior touch up will
be completed.
9.5 Contractor shall provide a closeout package
the r ject prior to acceptance by USCCI.
sha 1 su ply s a minimum, photographs,
cop es of permits and as-built drawings and
for subcontractors and vendors.
9.6 USCCI Site Management must complete a final inspection and
approve prior to Licensee going n air. (Regardless of
Contractor)
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
38
of 16" above grade
ground maintenance
grade to allow Tank
at the end of
This package
sweep charts,
lien waivers
Utility Service Communications 9-26-12 / 10-11-12 FINAL
Tank License Agreement
If you have any quest ns regarding these installation standards,
contact
Lee Duke, USCCI Project Manager at. - 478 - 98 -5260 Cell: 1-478-
396-0843 OR
Debbie Sullivan, Vice President Site Management at 1-800-679-7819
Cell: 1-478-396-9534.
PROPRIETARY INFORMATION
DO NOT DUPLICATE OR RE-DISTRIBUTE WITHOUT APPROVAL
39