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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 • 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. • 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 ,r 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' • 1 T • Tyhee bland Addendum to Water Tower Attachment Leave Agreement . Page S ,.1 1 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 • • 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 • 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 ..0 J. ■• V A - .Y . • • Clod - rs lame, talTILIONVR MACH llASTAKNT • 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"). , • 4 • FOr good and valuanle'eonseee,rateore Lessor and Lessee agree as follows; -• - - ' ? 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. ' • ' • • • • 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 • • • Ar,009-137 . . /10h 04 -60 -03 05:18am From- ALLTEL Corporate Legal 501 005 6944 T -042 P.010/020 F -84T 05 /' 3/t10 T1E J,3:50 FAX U�7Q3 • - • of % • 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. '' x • (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 4560T - 2.w AL009 -137 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 4560T —3— AL009 -137 re�e, 04 -30 -00 0B:20am From- ALLTEL Corporate Laical 501 905 0944 T -042 8.012 /020 F -947 C5 /g3 /00 TUE 13:51 FAQ. • • 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. 456OT • - AL0U9-137 Abk 04 -30 -03 08:200 From - ALLTEL Corporate Legal 501 905 0944 7 -042 P.013/020 F - 947 05/2'3/00 TUE 1x:51 FAX ` 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 4560; —5— A14009-137 • 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 ") 4 6OT —6— ALO0e -137 tea, 04-30-03 08:21am From-ALLTEL Corporate Legal 501 005 6044 T-042 P.015/020 I-47 06/13/0o TUE 13:52 FAX • 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. • 4560T AL009-lee ee. 04 -30 -03 08:22am From-ALLTEL 4orporate Legal 501 905 6944 7 -042 P.016/020 F -947 U # Iffp • �-r 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. • 456OT ea - ALU09- 137 • 04 -30 -03 06:23am From- ALITEL Corporate Legal 501 905 6944 T -042 P.017/020 F -941' 05/a3/00 TCE 13: $2 FAX w,, v • G. Following the execution of this Lease, either party, at its sole expense, shall be entitled to file a Memorandum of Lease of record in the County were the Property is located. DATED As OF THE DATE FIRST SEA` FORTH ABOVE. LESSOR: THE CITY OF TYF3EE ISLAND, GEORG A By .• ! '' Ti le: 'i. -,.. • ATTEST: B foa 4 LESSEE: SAVANNAH LISA CELLULAR PARTNER$HIF B y 0 456QT - 9 - ALI:Mg -3.37 04-30 -03 08:23am From- .ALLTEL Corporate Legal 501 905 6944 T -042 P.018/020 F -947 ACKNOWLEDGMENT STATE D1' GEORGIA ) ) ss • 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 .1 — s 0 . Notary Pf•1ic 1 . g Cc7a ltab - ian expires; - - -1O ALOO9 -137 r3, 04- 30.03 08 :230 Frorr- ALLTEL Corporate legal 501 905 8044 T -042 P.019/020 F . .., • 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 • • 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