HomeMy Public PortalAboutAlltel Tower lease 04-30-03 98:leam From-ALLTEL Cprporate Legal 501 905 5944 T-042 P02 F-047
• ORIGINAL
FIRST ADDENDUM TO
WATER TOWER ATTACHMENT
LEASE AGREEMENT
• THIS FIRST ADDENDUM TO WATER TOWER ATTACMENT LEASE
AGREEMENT ("Addendum") is made and entered into this 0 day of Itugtigt: 2000,
by and between The City of Tybee Island, Georgia (Lessor") and ALLTEL Communications,
Inc., dba ALLTEL ("Lessee") (the "Parties").
WHEREAS, on the 3 day of November, 1992, Lessor and Lessee entered into that
certain Water Tower Attachment Lease Agreement, a copy of which is attached hereto as Exhibit
"A" ("Lease").
WHEREAS, the Lease lists the type of equipment and The mounting height of Lessee's
Equipment, and the Rent payable for the Lease;
WHEREAS, the Parties desire to amend the Equipment Listing and Rent Schedule, if
applicable, in accordance with the addition of the CDMA Equipment which is specifically listed
on Exhibit "B" istin of E ui Preouencies, attached hereto and made
a part hereof
NOW THEREFORE, the Lease is hereby modified as follows:
1. Effect of Addendum on Lease. Except as specifically amended in this Adden.durn,
the Lease has riot been otherwise amended, and remains in full force and effect as the entire
agreement of the Parties with respect to the subject matter.
2. Exhibit "B-1", Exhibit "3" to this Addendum captioned Listing of Evirtment and
Transmission Frequencies sh2d1 be attached hereto and shall include the Lessees additional
CDMA Equipment_ No additional ground space is necessary to accommodate the CDMA
Equipment.
3. ga h5ci iiiii. to the Lease captioned Water Tower Attachment Lease
• Agreement Rent Payment is amended to allow for an increased Rental as a result of the
attachment of additional Equipment to the Tower. The Rent Payment for each renewal term shall
increase $550,00 per month over the originally stated amount in the above noted lease, and shall
escalate at the rate set forth in the Lease Fee Schedule attached hereto as Exhibit "C" and made
a part hereof. The increased Lease Fee shall be effective the date ALLTEL attaches the
additional equipment to the Tower and shall be prorated according to the number of days
remaining in the month.
Tybcc Island
Addendum to Water Tower At Lease Agreement
l'ege I
04-30-08 0916am From—ALLTEL Corporate Legal 601 905 6944 T-042 P.003 F-947
4_ Reineval of CDMA eigett In the event that the additional CDMA
equipment is removed from the Water Tower at a ft date, then at that time Lessee and Lessor
shall execute a subsequent Addendum to the Water Tower Attachment Lease Agretne:nt revising
Exhibit Exhibit "13", Listirip of E sraission Frequenciz, to reflect the correct
Equipment and Transmission Frequencies, Any reference to the amount of Rent payable shall be
amended by reducing the Lease Fee to the amount in effect prior to the installation of the CDIvIA
Equi:pment.
5. Structural integrity ALLTEL shall be solely responsible to ensure that
ALLTEL's installation of the Equipment shall not significantly effect the structural integrity of
the Water Tower, and that no such damage results to the Water tower due to installation of the
Equipment. In the absence of such an analysis or if the most recent analyses are insufficient for 1'
.ALLTEL s needs, ALLTEL may request a new analysis. If Owner reasonably believes that the
structural integrity of the Water Tower will be effected, Owner may request ATLTEL obtain a
new analysis. Owner tgrees to cooperate with ALLTEL in acquiring the new analysis of the
Water Tower. If a new analysis of the Water Tower is requested by ALLTEL or Owner,
ALLTEL shall be responsible for coordinating that new analysis by a licensed structural engineer
or other party acceptable to Owner, and ALLTEL shall furnish a copy of the analysis to Owner.
6. Interference. ALLTEL agrees to install Equipment of types and generating
frequencies whicft will not cause interference to transmissions or signals Imre other users of the
Water Tower as may be already in place on the Water Tower. At Owner's request, ALLIEL
shall provide a detailed interference analysis showing potential conflicts between ALLTEL's
frequencies and those of the other users already in place on the Water Tower. In the event the
Equipment causes such interference, ALLTEL will take all steps necessary to correct and
eliminate the interference. If the interference cannot be eliminated within 48 his after receipt
of written notice from Owner to ALLTEL (Notice Date), ALLTEL shall te.mporaxily disconnect
the electric power and shat down the Equipment (except for intermittent operation 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 30 days after receipt of the written notice, ALLTEL agrees to remove the
Equipment froxri the Water Tower and the Premises and this Agreement shall terminate as if by
expiration. After the Equipment has been installed, Owner shall place similar restrictions upon
interference with ALLTEL's frequencies on others using Owner' s Water Tower with Owners
permission, or under privity of contract evith Owner (Third. Parties), installed on the Water
Tower after ALLTEL's installation of the Equipment. In the event Third Parties' interference
cannot be eliminated or rectified to ALLTEL's satisfaction within 48 hours after receipt of
written notice from ALLTEL to °wrier (Notice Date), Owner shall cause such Third Patties to
temporarily disconnect the electric power and shut down the Third Parties' Equipment (except for
intermittent operation 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 30 days after receipt of the written notice, Owner
shall, at the request of ALLTEL require the party causing the interference to remove its
Tybetisland
Addend= to Water Tower Attachment LCISI: Agreement
Page 2
04 -30 -03 08:17am From - ALLTEL Corporate Legal 501 905 6944 7 -042 P. 004/020 F -947
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equipment from the Water Tower and the Premises, or ALLTEL may, at ALL'FEL's sole
discretion and option, terminate this Agreement upon notice to Owner.
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Tybee Island
Addendum to Water Tower Attachment Lease Agreement
Page 3 •
04 -30 -03 06:17am From - ALLTEL Corporate Legal 501 005 6£44 T -042 P.005/020 F -647
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LESSOR:
Witness: The City of T bee Islan 'a
---'
Name - ,f e y ? s- Name: ,atj*.. t...' 4'4. -
Date: 0 Title: vim.,
Date: 1 , 0/a -70 _ --
LESSEE:
Witness: ALLTEL Communications, inn •
C , _ \
Name: a...—, ° Title: r - , r _ ,
Date: u ( tom (n no Date: .r "eh'
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Tyhee bland
Addendum to Water Tower Attachment Leave Agreement .
Page S ,.1
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04 -30 -03 08 :18am From - ALLTEL Corporate Legal 501 905 6944 T -042 P.006/020 F -94T
EXYmBr"f "B -1"
Listin of Ecuipment and Transmission Frequencies
A. Equipment on Water Tower to be installed on the top of the venter tank:
2 DB844E90 antennas at 35 degrees
2 DB8441-180 antennas at 165 degrees
2 DB8441180 antennas at 265 degrees
B. Transmission Frequencies
1. TX: 880.02 — 893.97 MHz
2. 12X: 835.02 — 848.97 MHz
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Tybec Isiaaa
Addendum to Water Tower Attachment Lease Agreement
Page 5
04-3C-03 08:18am From- ALLTEL Corporate Legal 591 CO5 8944 T -042 P.0OT /020 F -94T
EXHIBIT "C"
License Fee Schedule
Built -in escalation amount of Five Hundred Fifty Dollars ($550.00) every
five (5) year renewal tew!:
Monthly Rental
Original Lease First Addendum
Base Five (5) Year Term $ 1,000.00 NiA
1st Five (5) Year Renewal Term 1,250.00. $ 1,$00.00
2nd Five (5) Year Renewal Term 1,56100 2,11100
3r Five (5) Year Renewal Term 1,953.00 2,503.00
Tybec Island
Addendum to Water Tower Attachment Lease Agreement
Page 6
04 -30 -03 08 :18am From - ALLTEL Corporate Legal 601 906 6944 T -042 P.008 /020 F -947
EXHIBIT "A"
Prime Lease
Tybee Island
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Addendum to Water Tower Attacbxecnt Lease Agreement
Page 4
1
04-90-08 0018am From-ALLTE Corporate Leg! 501 003 044 T-042 P 009/020 -047
v / •4..1 to
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talTILIONVR MACH llASTAKNT
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THIS WATER TOWER LEAS) AorpENT ("Lease") is entered
Anlito this ell_ day of Sepmp0,992 by and between The City
to Tybee ,Island, Georgia ttes'eoC). and Savannah NSA Cellular
iPartnershiP ("Leseee"). ,
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FOr good and valuanle'eonseee,rateore Lessor and Lessee
agree as follows; -• -
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1. prwerty. Subjetiit to;the following term* end
conditions, Lessor leases to Leases space on Lessor's 'water
tower structure ("Tower") - and the real property described in
Exhibit "A" attached , hereto ("ProPerty"). The Property is
located in the City OE Tybee Island County of Chatham, State
of Georgia and the Tower is located at latitude 31 01 19 and
longitude 00 50 59. Leksor'also hereby grants Lessee easements
for ingress and egreis. !to theA Property and easements for
utilities as is .more described in Exhibit '13"
- attached hereto. ' • '
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2. Um
A. The Property may t he used by Lessee for the ,
transmissien and receipt of radicommunication signals in any
and 311 ;frequ the coegeruction and maintenance of .
related facilities, tower, antennae or buildings; and related
activities." Lessor aglees to •cooperate with Lessee in
obtaining, at Lessee!g 'eXpense;, • all licenses and permits
required for Lesseeve 4se of the Property ("Governmental
Approvals"). • Lessee shall. be relionsible for obtaining and
furnishing proof of approOls for3construction of its equipment
and installation of the CoMkunicetions Center, as that term is
hereinafter defined, frame*e. Fegferal Aviation Administration
and the Yederal ConmunicaabhS cemmissione if such approvals
• are neeeseitated, priOr 'the.COMMeneement of construction or
operations by Lessee on 04 Pro*rb,
R. t LeSSOr hereby grants
permission to Lessee to install And operate the following and
associated equipment on'or in the Property:
(1) Up .to :4 Cellular antennas with the antennae
at a permanent location between the 120 and no foot level on
the Tower,. The exact 4ocation of antennas between the
aforesaid levels shall be supplied to Lessor in the form of
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Ar,009-137
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04 -60 -03 05:18am From- ALLTEL Corporate Legal 501 005 6944 T -042 P.010/020 F -84T
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proposed construction t raWiings and specifications prior to
installation or co.nstructibn; no alterati,ori thereafter shall be
made without prior written approval and acceptance by Lessor;
however, such approval not to be unreasonably withheld. A
complete set of as built dzawings will be furnished to the
Lessor fallowing construction ;•z •:
• • (2) F1exihile' coaxial transmission lines between
antennas and cellular communications equipment shall be
anchored and installed ort the tower in accordance with good and
accepted_ engineering practices; '
(3) Radio cornmUnioationt equipment consisting of
transmitter, receiver and accessories to be installed in the
equipment hour located near the base of the tower; and
(4) Emergency gasoline, diesel or other fuel
powered generator to be located adjacent to the equipment house
and to be used at Lessee's option, but in most cases only in
the event of power failure. ''
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(For the purposes of this . Iease, all of Lessee's equipment,
• building, panels, gen :rats*, cables, wires, antennae, and
accessories shall hereinafter collectively be referred to as
"Communicationa Equipment" or "Cornminications Center".)
3. E5 : Lessor agrees that during the Initial Term
• of this Lease or any Renewal Term as is hereinafter provided,
Lessee shall have reasonable ingress and egress on a 24-hour
basis to the Property. for the purposes of maintenance,
installation, repair , and removal of said Communications
Equipment. It is agreed, however, that only authorized
engineers or employees of Lessee, or persons under Lemsee' a
direct supervision, will be permitted to enter the said
Property to install, remove and repair Lessee's Comeunications
Equipment. Lessee i$ responsible for the cost of such
activities and will notify Lessor in advance of its need to
install or repair its Communications Equipment located on the
Tower; gicEpT HOWEVER, in the case of ' an emergency whereupon
notification shall be given as soon 'as reasonably possible.
4. Term. The term of this Lease shall be five (5)
years, commencing upon : the 1st day of August, 1992
("Commencement Date ") and •texrninati,ng at midnight on the 31st
day of July, 1997 ( "Initial . Term"). Lessee shall have the
right, but not the obligation, to. extend this Lease for three
(3) additional five (5) year terms (*Renewal Terms ") . Each
Renewal Term shall be on the same tents and conditions as set
forth in this Lease except that the Rent shall be increased at
the inception of each Renewal Term as specified in paragraph
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04 -30 -03 08:19am From- ALLTEL Corporate Luca! 601 905 6944 T -042 P.011 F -947
uafcriuu 1„r .1.0.44 rta
5,C. This Lease shall aistamatioally be renewed for each
successive Renewal Ter=n unless Lessee notifies Lessor of
Lessee's intention not to renew the Lease at Least 30 days
prior to the expiration of the initial Term or the Renewal Ter=n
which is then in effect.
5. Rent.
A. Upon the Commencement Date, Lessee shall pay
Lessor the sum. of One Thousand and No /100 Dollars 01,000.00)
per month as rental ("Rent "). Rent shall be payable on the
first day of each month in advance to Lessor at Lessor's
address as specified in Paragraph 19 below,
B. If this tease is terminated at a time other than
on the last day of a months; Rent shall be prorated as of the
date of termination, and in the event of termination for any
reason other than nonpayment of Rent, all prepaid Rents shall
be refunded to Lessee.
C. In the event this Lease is renewed as provided
for in paragraph 4 herein, the rent due in each Renewal Term
shall. be as follows:
(1) Rent due in the first Renewal Term Shall be
Twelve Hundred Fifty and no /100 Dollars (51,250.00) per month;
(ii) Rent due in the second Renewal Term shall
be Fifteen Hundred and Sixty Three and no /100 Dollars
($1,563.00); and
(iii) Rent eue in the third. Renewal Term shall
be Nineteen Hundred and nifty Three and no /100 Dollars
($1,953.00).
6. Le-ssee's Repres tationa . and Warranties_.: Lessee
Covenants and agrees that Lessee's Communications Equipment,
its installation, operation and maintenance shall.:
A. Not irreparably damage the water tower structure
and accessories thereto;
R. Not interfere with the operation of Lessor's
Tower. In the event there is interference by Lessee, Lessee
will promptly take al). steps necessary to correct and eliminate
the same within a reasonable period of time. If Lessee is
unable to eliminate such interference caused by it within a
reasonable period of time, Lessee agrees to remove its antennas
from Lessor's property and this agreement shall. terminate_
Interference shall include any damage to the Tower, its
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04 -30 -00 0B:20am From- ALLTEL Corporate Laical 501 905 0944 T -042 8.012 /020 F -947
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• operations ox to the water maintained for storage contained
within the tank. Lessee agrees that it shall be fully and
completely responsible for any and all damage to the stored
water, to the tank and to the Tower and all support systems in
its placement of its personal property on Lessor's property.
Any contamination of Lessor's stored . water, arising or alleged
to arise from the negligence or willful misconduct of Lessee or
Lessee's agents, employees, contractors or invitees, shall be
the solo responsibility of Lessee to correct; and
C. Comply with all applicable rules and regulations
of the Federal Communications Commission and electr,Cal codes
of the City and State concerned.
7. Lecsot' S keprelentati ons and 14arIan_ties .
. Lessor represents and warrants that Lessee's
intended use of the Property as a site for the transmission and
receipt of radio communication signals; for the construction
and maintenance of related facilities, towers, antennae or
buildings; and for related activities is not prohibited by any
covenants, restrictions, reciprocal easements, servitudes,
subdivision rules or other' requirements or regulations which
would prohibit Lessee's intended use of the Property. Nor are
there any easements, licenses, rights of use or other
encumbrances on the Property which will interfere with or
constructively prohibit Lessee's intended use of the Property.
Lin Lessor represents and warrants that the Tozer hes
adequate existing structural support and integrity to support
Lessee's tower, antennae and related equipment and that Lessor
shall maintain and repair the Tower during the Initial Term and
any Renewal 'Term of this Lease.
. 8. matinestit. If the Communications Equipment
is damaged for any reason so as ,to render it substantially
unusable for Lessee's use, rent shall abate for such peried not
in excess of ninety (90) days while Lesser, at its expense,
restores Lessor's Tower to its condition prior. to such damage.
9. jxclusiie Lease. This Lease Shall be
nonexclusive and Lessor may grant a similar lease to any other
party. Lessor will not, hewe%er, grant such a similar lease if
such grant will in any tray adversely affect or interfere with
Lessee's use of Lessee's Communication Equipment, Lessee shall
not change the frequency, power o:r character of its equipment
without first obtaining the written consent of Lessor, which
shall not be uxireasonably withheld.
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04 -30 -03 08:200 From - ALLTEL Corporate Legal 501 905 0944 7 -042 P.013/020 F - 947
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10. Ctndit,ionS Precedent. Lessee's obligation to
perform under this Lease shall be subject to and conditioned
upon Lessee securing appropriate approvals foe Lessee's
intended use of the Property from the Federal CommunicatLOnS
Commission, the Federal Aviation Administration and any 'other
federal, state or local regulatory authority having
jurisdiction over Lessee's proposed use of the Property.
Lessee's inability to successfully satisfy these conditions or
the occurrence of any other event which effectively prohibits
Lessee's intended use of the Property shall relieve Lessee from
any obligation to perform under this Lease and shall entitle
Lessee to restitution of any monthly rental payments which have
been paid to Lessor.
11. conditions Subee went. In the event that Lessee's
intended use of the Property is actually or constructively
prohibited, then this Lease shall terminate and be of no
further force or effect and Lessee shah, be entitled to a
refund from Lessor of any deposits or Rent paid to Lessor prior
to the date upon which Lessee gives Lessor notice of its intent
to terminate this Lease pursuant to this paragraph.
12. Interference. Lessor shah. not Luse, nor shall
Lessor permit its lessees, licensees, invitees Or agents to use
any portion of Lessor's p1coperties in any way which interferes
with the operations of Lessee. Such interference shall be
deemed a material breach of this Lease by Lessor and Lessor
shall have the responsibility to terminate said interference.
In the event any such interference does net cease or is not
promptly rectified, Lessor acknowledges that continuing
interference will cause irreparable injury to Lessee, and
Lessee shall have the right, in addition to any other rights
that it may have at law or in equity, to bring action to enjoin
such interference or to terminate this Lease immediately upon
notice to Lessor.
13. Termination !cept as otherwise provided herein,
this Lease may be terminated, without any penalty or further
liability, on 30 days' written notice if either of the
following conditions should apply:
A. Upon a default of any covenant or term hereof by
the other party which default is not cured within 30 days of
receipt of written notice or default (without, however,
limiting any other rights available to the parties pursuant to
any other provisions hereof)
B. If Lessee is unable to obtain or maintain any
license, permit or other Governmental Approval necessary to the
construction and operation of the Communications Center or
Lessee's business; or
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04 -30-03 08:21am From - ALLTEL Corporate Legal 601 906 0944 T -042 P.0 141020 F - 947
4,a /Fd/ V4 lira 14.4 rrna
C. By Lessee for no reason or any reason at all upon
providing six (6) months advance written notice t.o Lessor,
14. finillesses. After first obtaining the written
consent of Lessor, which consent shall not be unreasonably
withheld, Lessee shall have the right to sublease the Property
or any portion thereof to others whose primary business is the
provision of radio transmission and communication services.
Lessee's sublessee(s) shall be entitled to rights of ingress
and egress to the Property and the right to install utilities
on the Property as if said sublessee were the Lessee under this
Lease.
15. ''axes.. Lessee shall pay any personal property taxes
assessed on, or any potation of such taxes attributable to, the
Comrnunioationns Center. Lessor is exempt from any obligation to
pay real property taxes on the Property and the improvements
owned by Lessor which are located thereon.
16. Inge rance__and_ Waiver ef__ruthraaati6M. Lessee shall,
at Lessee's expenses purchase and maintain in full force and
effect throughout the term including any renewals or extensions
thereof, such public liability and property damage policies as
Lessee may deem necessary. Said policy or policies will
provide a combined single limit of $1,000,000 and will name
Lessor as additional insured,.
17. bestruction.. of ,Eremises. If tine Property or the
Communications Equipment are destroyed or damaged so as to
hinder the effective use of the Communications Equipment in
Lessee's judgment, Lessee may elect to terminate this Lease as
of the date of the damage or destruction by so notifying the
Lessor. In such event, all rights and obligations of the
parties shall cease as of the date of the damage or destruction
and Lessee shall be entitled to the reimburscrnent of any Rent
prepaid by Lessee.
18. mayiropmentoa _ _ Compliance. Lessee shall have the
right to conduct an environmental audit Of the Property at
Lessee's expense. Lessee shall not be obligated to take
Possessions of the Property under this Lease if the
environmental audit reveals that the Property contains
contaminants, oils, asboetos, radon, PCB's, hazardous
substances or hazardous wastes as defined by federal, state or
local environmental laws, regulations or orders or other
materials the removal, of which are required or the maintenance
of which is prohibited, regulated or penalized by any federal,
state or local government authority. ("hazardous Materials ")
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04-30-03 08:21am From-ALLTEL Corporate Legal 501 005 6044 T-042 P.015/020 I-47
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19. Notieee kll notices, requests, demands and other
commumitatiofts hereunder shall be in writing and shall be
aeemed given if personally delivered or maile& certified mall.
return receipt requested, to the following addresses
TieSeeeeetei
City of Tybee Island, Georgia
P. 0. Box 128
Tybee Leland, Georgia 31328 (912) 786-4571
lLleleelelekg6 to:
Savannah NSA Cellular Partnership
P. D. Sox 2177
Little Rock, Arkansas 72203
Attention: Real Estate Department
20 11±11Lamd_QUieteEnienlente
A. LOSSOr warrants that (t) it has full right, power,
and authority to eeeeete this Leaee; (ii) it has good and
ueencumbered title to the Property free and easier of any liens
or mortgages; (iii) the Property constitutes a legal lot that
may be leased without the need for any subdivision or platting
approval, and (iv) that Lessee shall have the quiet enjoyment
of the Property during the term of this Lease.
B. Lessee has the right to obtain a title report or
commitment for a leasehold title policy from a title insurance
company of its choice. If, in the opinion of Lessee, such
title report shows any detects of title or any liens or
encumbrances which adversely affect Lesseews use of the
Property or Lessee's ability tO obtain leasehold financing,
Lessee shall have the right to cancel this Lease immediately
upon written notice to Lessor,
C. Lessee shall also have the right to have the
Property eurveyed and to have soil borings and aualysis taste
run. In the event that any defects are shown by the survey or
the soil analysis, which in the opinion of the Lessee, may
adversely affect Lessee's of the Property, Lessee shall
have the right to cancel this lease immediately upon written
nrtice to Lessor.
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04 -30 -03 08:22am From-ALLTEL 4orporate Legal 501 905 6944 7 -042 P.016/020 F -947 U #
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21. Ae kenment .mod... SUOleases. Any Sublease or Assignment
of this Lease that is entered into by Lessee shall be subject
to the previsions of this Lease. Additionally, Lessee may,
upon notice to Lessor, mortgage or grant a security intereSt in
the CQMMu=Lications Center, and MAy assign the Communications
Center to any such mortgagees or holders of security interests
including their successors and assigns (hereinafter
collectively referred to as "Mortgagees ").
22. Sure ,earns and Assians., This Lease shall run. with the
Property described on Exhibit "A ". This Lease shall be binding
upon and inure to the benefit of the parties, their respective
successors, personal representatives and assigns.
23. ..1=11. neflus .
A. Each party agrees to furnish to the other,. within 10
days after request, such truthful estoppel information as the
other may reasonably request,
S. This Lease constitutes the entire agreement and
understanding of the parties, and supersedes all offers,
negotiations and other agreements. There are no
representations or understandings of any kind not set forth
herein. Any amendments to said Lease must be in writing and
eaeci2ted by both, parties.
C. If either is represented by, a sear estate broker in
this transaction, that party shall be fully responsible for any
fee due sUch broker and shall hold the other patty harmless
from any claims for commission by such broker.
D. Lessor agrees to cooperate with Lessee in executing
any documents necessary to protect Lessee's rights under this
Lease or Lessee "s use of the Property and to take any further
action which Lessee may reasonably require as to effect the
intent of this Lease.
K. This Lease shall be construed in accordance with the
laws of the State of Georgia.
F. If any term of this Lease is found to be void or
invalid, such invalidity shall not affect the remaining terms
of this Lease, which shall continue in full force and effect.
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04 -30 -03 06:23am From- ALITEL Corporate Legal 501 905 6944 T -042 P.017/020 F -941'
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G. Following the execution of this Lease, either party,
at its sole expense, shall be entitled to file a Memorandum of
Lease of record in the County were the Property is located.
DATED As OF THE DATE FIRST SEA` FORTH ABOVE.
LESSOR:
THE CITY OF TYF3EE ISLAND,
GEORG A
By .• ! ''
Ti le: 'i. -,.. •
ATTEST:
B foa
4
LESSEE:
SAVANNAH LISA CELLULAR
PARTNER$HIF
B y 0
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04-30 -03 08:23am From- .ALLTEL Corporate Legal 501 905 6944 T -042 P.018/020 F -947
ACKNOWLEDGMENT
STATE D1' GEORGIA )
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COUNTY OF CHATHAM ) .
On this G? day of {" -- _ -^ , 1992 before me, a Notary
Public in and ter , the State of Geo gi , personally
appeared _ {,,._._ _ , and l � r I �� L'. known to
me to be r th = "'! 'e .. _ and r.. i--
respectively of the City 'of Tybee Island, Georgia who executed
the within and foregoing instrument, and acknowledged the said
instrument to be the act and deed of the City of Tybee Island.,
Georgia.
WITNESS my hand and the official seal affixed the day and
year first above written.
i
/ AP
Notary Pubic
M y commission expires: Row A B. FRIPP
ROWEcNA $. FRIPP Notary Publla. Chatham County Ga-
Nat4ry Public, Chatham Countyr, Ga. My Commission Expires Aug. 7, i.9m
My C4rriEEacpi3399a�
AA ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI )
On t,hia Ar -ei day of g +�r, 1992 before me, a Notary
Public ' d for the State of Arkaaas, pens Wally
m
appeared known to me ' n. o be the V ¢. 41$ •-� ' - , .a , apt
Savannah Fist Cel ular Partnership and that the within and
foregoing instrument was executed as the free and voluntary
act and deed of said corporation far the uses and purposes
therein mentioned, and on oath stated that he was authorised to
execute said instrument on behalf of the corporation‘'
WITNESS my hand and the official seal affixed the day and
year first above writteia.
1 4
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Notary Pf•1ic 1
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ltab - ian expires;
- - -1O ALOO9 -137
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04- 30.03 08 :230 Frorr- ALLTEL Corporate legal 501 905 8044 T -042 P.019/020 F
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EXHIBIT 'A"
LEGAL DESCRTPTIDN
LEASE AREA, TYBEE ISLAND, GEORGIA
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED, LStING
AND BEING IN THE 5TH G.M. DISTRICT IN THE CITY OF TYBEE ISLAND,
CHATHAM COUNTY, GEORGIA, BEING A PORTION or BLOCK 42, FORT
SCREVEF WARD AS SHOWN ON A PLAT AND RECORDED IN PLAT BOOK CC,
PAGE 2i5, DATED JUNE 22, 1979, IN THE OFFICE or THE CLERK OF
COURT, CHATHAM COUNTS COURTHOUSE, BEING THAT TRACT OF LAND MORE
PARTIC'ULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERN RIGHT —OF —WAY LINE
OF VAN HORN STREET AND THE NORTHERN RIGHT —OF —WAY TINE OF FORT
AVENUE BEING MARKED BY AN IRON PIPE; CONTINUING THENCE ALONG
THE NORTHERN RIGHT— OF -WA'Y LINE OF FORT AVENUE S 60°39'39" W A
DISTANCE OF 152.03 FEET TO A POINT; THENCE N 32°32'00° W A
DISTANCE OF 35.63 FEET TO A POINT BEING KNOWN AS THE POINT or
BEGINNING FOR THE LEASE AREA; THENCE S 57°28'00° W A DISTANCE
OF 3 FEET TO A POINT; THENCE N 32°32'00° W A DISTANCE OF
60.00 FEET TO A POINT; THENCE N 87 E A DISTANCE OF 15.99
FEET TO A POINT; THENCE S 86 0 23'07" E A DISTANCE OF 29.78 FEET
TO A POINT; THENCE S 32°32'00" Z A DISTANCE OF 42.46 FEET TO A
PAINT; THENCE S 57°29'00" W A DISTANCE Ot 6.00 FEET TO A OU T
BEING DESCRIBED ABOVE AS THE POINT OF BEGINNING, SAID LEASE
AREA CONTAINING 0.050 ACRES.
THE SAID TRACT AS A WHOLE IS BOUNDED A$ FOILLOWS: ON THE NORTH,
SOUTH, WEST AND LAST BY LANDS NOW OR FORMERLY OF THE CITY OF
' TXBEE ISLAND. ,
4
—11— AL009 --137
04 -30 -03 08:24am From— ALLTEL Corporate Legal 501 905 6944 T -042 P120/020 F -94T •
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EXHIBIT "B"
LEGAL DESCRIPTION
UTILITY AND ACCESS EASEMENT, TYAEE ISLAND, GEORGIA
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED, LYINO
AND BEING IN THE .5TH G.M. DISTRICT IN THE CITY OF TYBEE ISLAND,
CHATHAM COUNTY, GEORGIA, BEING A ; PORTION OF BLOCK 42, FORT
SCRAVal WARD AS SHOWN ON A PLAT AND RECORDED IN PLAT BOOK CC.
PAGE 265, DATED JUNE 22, 1979, IN THE QFFICE OF THE CLERK OF
COURT, CHATHAM COUNTY COURTHOUSE,' BEING THAT TRACT OF LAND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERN RIGHT -OF -WAY LINE
OF VAN HORN STREET AND THE NORTHERN RIGHT --OF --WAY LINE OT' FORT
AVENUE BEING MARKED BY AN IRON PIPE; CONTINUING THENCE ALONG
THE NORTHERN RIGHT -OF -WAY LINE OF FORT AVENUE S 60°39'39" W A
DISTANCE OF 152.03 FEET TO A POINT BEING KNOWN AS THE POINT OF
BEGINNING FOR THE UTILITY AND ACCESS EASEMENT; THENCE ALONG THE
FORT .AVENUE RIGHT -OF -WAY LINE S 60'39'39". W A DISTANCE OF 20.03
FEET; THENCE 1 32 °32'0r W A DISTANCE OF 34.52 FEET TO A POINT;
THENCE N 57 °26'00" E A DISTANCE OF 20.00 FEET TO A POINT;
THENCE S 32°32'00* E A DISTANCE OF 35.63 FEET TO A POINT ON THE
NORTHERN RIGHT --OF -WAY LINE OF FORT AVENUE BEING DESCRIBED ABOVE
AS THE POINT OF BEGINNING, SAID UTILITY AND ACCESS EASEMENT
CONTAINING 0.016 ACRES.
THE SAXD TRACT AS A WHOLE IS BOUNDED , AS Ft3LLC WS : ON THE Nor=
BY TIDE LEASE AREA BROM THE CITY CAP° TYBEE ISLAND, ON T'HE EAST
AND WEST BY THE CI7`? OF TEE ISLAND, ON THE SOUTH BY FORT
AVENUE.
LESSEE AGREES THAT LESSOR HAS THE RIGIT DURING TEE INITIAL TERM AMD
AZ+TY RENEWAL TERM HEREOF TO SUBSTITUTE THIS UTILITY AND ACCESS EASEMENT
AREA. IN THE EVENT LESSOR . SHOULD HAVE NEED OP ANT AREA SHOWN THEREON'
AS UTILITY AND £CCES EASEMENT ?OR MUNICIPAL USE EV
IN SUCH EN OF
• ANY SUBSTITUTION OF UTILITY AND ACCESS EASEMENT AREA, LESSOR WILL
BE REQUIRED TO IURNISH COMPARABLE UTILITY AND ACCESS EASEMENT AREA
TO LESSEE.
4560T
AL0C9 -137