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Home My Public Portal AboutT-Mobile (Triton) tower lease Triton PCS, Inc. MICHAEL C. MEARS PRESIDENT & GENERAL MANAGER 4055 FABER PLACE, SUITE 101 CHARLESTON, SC 29405 TELEPHONE (843) 740 -3500 FACSIMILE (843) 740 -3535 Date: August 26, 1999 To: City of Tybee Island, Georgia P.O. Box 2749 Tybee Island, GA 31328 -2749 Re: SVG943-1/Tybee Island Date of Agreement: August 11, 1999 Landlord: The City of Tybee Island, Georgia Tenant: Triton PCS Property Company, L.L.C. Pursuant to Section 3 of the above referenced Agreement, Tenant hereby exercises its option to commence the Lease with Landlord on the terms and conditions set forth therein. The Commencement Date of the Lease is August 12, 1999. TENANT: TRITON PCS PROPERTY COMPANY, L.L.C. By: Triton Man ement Company Inc., its manager By: 1 Michael C. Mears President and General Manager, S.C. Region Date: 7 /�f, Mayor Walter W. Parker City Manager Bill Farmer City Council Assistant City Manager Donald E. Anderson Jr., Mayor Pro Tern T ; Rowena B. Fripp Michael A. Hosti \ .4. �� • • Edward Merves c CIerk of Council Anne P. Monaghan CITY OF T'YBE� ISLAND Jacquelyn R. Brown Mallory Pearce Jack Youmans City Attorney Edward M. Hughes August 23, 1999 Mr. Jimmy White American Towers 4055 Faber Place Charleston, SC 29405 RE: Water Tower Attachment Lease Our File No. 572.14536.185 Dear Jimmy: Enclosed please find Leases for Water Tower Attachments between the City of Tybee Island and Triton. As you and I discussed, in paragraph 2(a) the number of antennas is to be "3 ". Also, because the tower is still in the process of final acceptance, I have not added a commencement date in paragraph 3, although I presume the date should be August 12, 1999 as I believe you have paid the first month's rent. If your understanding is the same, please enter that date and the appropriate termination date in paragraph 3. The termination date would be August 12, 2004. If your understanding is different, please let me know. Further, I understand that the appropriate intermodal study under paragraph; 2.6 has- been completed and it should be attached to the Lease as Exhibit "C ". Please provide me with a copy. Also enclosed is the Memorandum of Lease apparently for recording. Please call if you have any questions. With kindest regards, I remain Very truly yours, .1120d. Edward M. Hughe For the Firm EMH /ppf cc: Hon. Walter W. Parker, Mayor Members of Council Bill Farmer Jacquelyn Brown . zox 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (912) 786 -4573 - FAX (912) 786 -5737 1 -)/" i tibe l s1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) WATER TOWER ATTACHMENT LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: This Water Tower Attachment Lease Areement, hereinafter referred to as "Lease ", is made and entered into this II day of v vs� , 1999, between THE CITY OF TYBEE ISLAND , with offices at P.O. Box 2749; Tybee Island, Georgia 31328, hereinafter referred to as "Landlord" and Triton PCS Property Company'L.L.C. , with offices at South Carolina, hereinafter referred to as "Tenant ". WITNESSETH: 1. Premises: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, space on a water tower structure and associated real property owned and operated by Landlord, hereinafter referred to as "Leased Premises ". Said Leased Premises being located in the City of Tybee Island , County of Chatham, State of Georgia, and more clearly described on the attached Exhibit "A ". 2. Communications Equipment: Equipment shall be selected, installed and operated such that - it •does not interfere with the ongoing= operation ormaintenance of tower or Leased Premises by the Landlord. Specific equipment selection shall be subject to the review and prior approval of the City Engineer. Subject to the foregoing, Landlord hereby grants permission to Tenant to install and operate the following and associated equipment on or in the Leased Premises: a. Up to �9. antennas with the antenna at a permanent location on top of Landlord's water tower, not to exceed 20 feet above the water tower. The exact location of the antennas shall be supplied to Landlord in the form of proposed construction drawings and specifications prior to any installation or construction; no alteration thereafter shall be made without prior written approval and acceptance by Landlord and such approval shall not be unreasonably withheld. A complete set of as -built drawings will be furnished to the Landlord following construction. b. Flexible coaxial transmission lines between antennas and cellular communications equipment which shall be anchored and installed on the tower in accordance with good and accepted engineering practices. c. Radio communications equipment consisting of transmitter, receiver and accessories to be installed on the equipment platform located near the base of the tower in accordance with the site plan attached hereto as Exhibit `B ". d. Emergency gasoline, butane, diesel or other fuel powered generator to be located on the equipment platform and to be used at Tenant's option, but in most cases only in the event of power failure. For the purposes of this agreement, all of Tenant's equipment, building, panels, generator, cables, wires, antennas, microwave dishes and accessories shall hereinafter collectively be referred to as "Communications Equipment" or "Communications Center". 3. Term: The term of this Lease shall be for five (5) years and shall commence on the day of , 1999, and shall terminate on the day of , 200_ (Initial Term). Tenant shall have the right, but not the obligation, to extend this Lease for +hi ee additional -P1 VC. year terms (Renewal Term). Each Renewal Term shall be on the same terms 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 5. This Lease shall automatically be renewed for each successive Renewal Term, unless Tenant notifies Landlord of Tenant's intention not to renew the Lease at least thirty (30) days prior to the expiration of the Initial Term or the Renewal Term, which is then in effect. 4. Access: Landlord agrees that during the initial term of this Lease or any Renewal Term as is hereinafter provided, Tenant shall have reasonable ingress and egress on.a24.hour_basis.to the_property_f_on.the_purposes o£maintenance,_ installation ,..repaic_.and__._____ removal of said radio antenna equipment. It is agreed, however, that only authorized engineers or employees or agents of Lessee and ; its successors, affiliates and related parties, or persons under Tenant's direct supervision will be permitted to enter the said property to install, remove and repair Tenant's equipment. Tenant is responsible for the cost of such activities and will notify Landlord in advance of its need to install or repair the equipment located on the Tower; except however, in the case of an emergency whereupon notification shall be given as soon as reasonably possible. 5. Rent: During the Initial Term, Tenant shall pay Landlord the sum of 'NE iiiovsAND hvnalrud dollOsAND O \100THS ($1,500.00-3 per month as rental (the Rent). Rent shall be payable on the first day of each month in advance to Landlord at Landlord's address as specified herein. In the event this Lease is extended or renewed as provided for in Paragraph 3 hereof, the Rent due in each Renewal Term shall be as follows: a. Rent due in the first Renewal Term shall be . , ,0 . , ' , ,, • • 450k.4e r dn►k s AND o \100THS ($ l X4. -3 per month. • 2 • b. Rent due in the second Renewal Term shall be -Ivo fluusand AA undRG¢ �oRty - R C S do 11 hR,5 AND 6 MOTHS ($ a y 1 -13, 06-- -) per month. c. Rent due in the third Renewal Term shall be -fhRee 4.6 05,04 one bondRd el5hfeen doll Alas AND 01100THS ($3, 11900 ) per month. 6. Tenant's Representations and Warranties: Tenant covenants and agrees that Tenant's Communication Equipment, its installation, operation and maintenance shall: a. not materially damage the water tower structure and accessories thereto; b. not interfere with the operation or maintenance of the tower or the Leased Premises. In the event there is interference by Tenant, Tenant will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If Tenant is unable to eliminate such interference caused by it within a reasonable period of time, Tenant agrees to remove its Communications Equipment from the Leased Premises and this agreement shall terminate. Interference shall include any damage to the tower, or its operation; any material impairment of Landlord's ability to access the tower for maintenance purposes; or any damage to the water maintained for storage contained within the tank. Tenant 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 Communications Equipment on the Lease Premises. Any contamination of Landlord's stored water, arising or alleged to arise or contended by an engineer designated by Landlord to arise from the negligence or willful misconduct of Tenant or Tenant's - agents- employ -e-es, contr-•actor-s -or- invitees shall -be - the - sole - responsibility -of- Tenant --- - - to correct; and c. comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and State which are applicable. 7. Use: Tenant will use the Leased Premises for the purpose of constructing and operating a Communications Center. Tenant will abide by all local, State and Federal laws and obtain all permits and licenses necessary to operate its systems. Tenant shall use the Leased Premises for no other purpose, without the prior written consent of Landlord. 8. Non - Exclusive Lease: This Lease shall be non - exclusive and Landlord may grant a similar lease to any other party. Landlord will not, however, grant such a similar lease, if such grant will in any way adversely affect (which adverse affect shall relate to the operation of, and the use and enjoyment of, the Tenant's Communication Equipment, and 3 . . . < . . Exhibit "A" . - • " - .............. I ; ,-.,.„„:,------ .\,:.;...-.... ,,,,,:<1... • • „::. . , . . . ,...,,,_ MM. - a• arm. •70 alC10.1 ••C• i ....A COTT L. Ilidr.. 131r—V Plf..er . • ..., .0.0. NW. •.T • • • ■ ' 1•14 0 . ..:1i "i.l ' ....■ . .. ;; .... :. s .. , i . . . • .1.f MaSSA i . • 1 . .. t 1 1 . • . ..e* . . . . . ...-. .... . . •• - .. ..... . .•• ... . .• . .. r01=1V WV?' ® me VW i 1 41 . , , I 11 ‘ 1111F A' I ) 4100.: W 1 / • Wircir.M.3 r.r.. r"'"i;:74171;c* / ( 2) .41114Fir tir-Z.`..V 1" ro1=T-Irr — ' @ . .e R * No '22012 1 ‘..... ,..- • ...... PROFEEL7ONAL 1 7 • / 2 ..• ar.....zw. E.) 0 4 6 10 12 17.125 . Os c■. C 11 6 . WATER TANK ELEVATION I 2 WATER TANK PLAN VIEW 1 1 .. SITE WORK GENERAL NOTES, ,-.\ _ .. . '" Ei - .17,- it" 1 4 • . „:- ;74 7#11,' 7°. 4 .-.. --:: ' — — 7 — 1 - \ \ rg.•'-v-wr,r.r. ,7,-; FirrP4775F43:77V41-,-.1;„. . • . . \ . r ..:.,r, \ \ ... 1 ' .....=====1,.- '‘.:-.=:.:;,^•..7.-- ' I . . 13\ u ',,'.' ..,...I.T.r.fr4r=v..;."-TA`..77:411.1, / ,, , ,..A . .i.., ,. .,...... %.. ... ■ ..„,..........il r,...."7.2r,..' — — ,.. . ...........,.... GEOMETRIC PLAN ri) a.k ENLARGED SITE PLAN v....... ,,... ,...,. ,........„--. caw w ...... Tglxr.,-- •,..,--r--2.,--.„91g..... I -.4mgr.j 1 \ --Tr - --TAt, I:,7:1'"'"' -...•.',- ----.=-- -41r= ......,., . III . ' , I . =,...,...... a.m. ....1.1. , V - , . • • .. a "'T.-7 ■ . 111 ,,„ ,,, _ ._,.- - - ".- - - - - - \ _. mtg,•,.,, . i . ... .c. et ■g;" SECOND STREET ... ,,,WL . 4no . to• Noo --MIMI ... :4117.E.Ta4.7•741'.'14"f: ' 7 ,.. -- - - -) r: z„.>•77., Cr OyEt13LI, SITE PLAN . ENLARGED SITE PLAN 0 e ....... „...,... Mayor Walter W. Parker City Manager 0 , :tart r` Bill Fanner City Council !i • Assistant City Manager Donald E. Anderson Jr., Mayor Pro Tem -.- Rowena B. Fripp Michael A. Hosti .a• .. Edward Merves Clerk of Council Anne P. Monaghan Y Jacquelyn R. Brown Mallory Pearce CITY I �T OF TYBEE BEE ISLA Jack Youmans City Attorney August 26, 19 9 9 Edward M. Hughes Jacquelyn R. Brown Clerk of Council City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 -2749 RE: Water Tower Management Lease Our File No. 572.14536.117 Dear Jackie: Enclosed please enclosed an original Lease Agreement for Triton PCS Property Company as well as a copy of the Memorandum of Lease. With kindest regards, I remain Very truly yours, feared 4 4 Wtykohlo Edward M. Hughes EMH /ppf Enclosure • I P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (912) 786 -4573 - FAX (912) 786 -5737 1 AMERICAN TOWER CORPORATION 4055 Faber Place Drive, Suite 101 North Charleston, South Carolina 29405 Phone: (843) 740 -3536 Fax: (843) 740 -3515 September 22, 1999 City of Tybee Island, Georgia P.O. Box 2749 Tybee Island, GA 31328 -2749 Re: SVG943-1/Tybee Island Water Tower and Attachment Lease Agreement Dear Sir or Madam: Enclosed please find a Lease Commencement Letter indicating that Triton has commenced the above - referenced Lease as of August 12, 1999 along with Triton's check number 14962 in the amount of $2,467.80 which represents rent from August 12, 1999 through September 30, 1999. By copy of this letter to Iris Wilson of Triton, I am providing her with Triton's three original Lease Commencement Letters for its files. Please call me if you have any questions. With kindest regards, I am Very t I I • yours, Claudia D lap CD /me enclosure cc: Mike Flint (w /o encl.) Iris Wilson (w/ encl.) (4 E { a r .„------mrfti‘ Sun Com WIRELESS Charles H. N. Kallenbach SVP Legal & Regulatory Affairs Direct: 610 - 722 -4280 ckallenbach@suncom.com July 21, 2006 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 -2749 Re: Notice of Name Change of Triton PCS Property Company, L.L.C. ( "Triton ") to SunCom Wireless Property Company, LLC Reference: Triton PCS Property Company, L.L.C. Site Name /City /State: Tybee Island - Tybee Island, GA Lease ID: SVG943 -1A Landlord: 111 Butler Avenue Ladies and Gentlemen: Please be advised that, effective as of September 8, 2006, Triton PCS Property Company, L.L.C. will change its name to SunCom Wireless Property Company, LLC ( "SunCom "). For all purposes under the lease, license and/or other instruments identified for the site referenced above from and after September 8, 2006, SunCom should be referenced as the tenant, subtenant and/or licensee thereunder (collectively, the "Tenant "), as applicable. After that date, all payments and correspondence due from the Tenant under the Lease will be delivered by or on behalf of SunCom, but the notice address and other pertinent information for the Tenant under the Lease remains unchanged. If you have any questions or require further information, please contact the undersigned or Joan Alexander, paralegal, at 610 - 722 -4441 or jalexander@suncom.com. Your prompt attention and cooperation in this matter are greatly appreciated. Sincerely, Triton PCS Property Company, L.L.C. By SunCom Wireless Management Company, Inc., its anager I Alegi, ________ Charles H. N. Kallenbach SVP of Legal & Regulatory Affairs 1100 Cassatt Road • Berwyn, PA • 19312 February 21, 2008 SENT BY CERTIFIED MAIL City of Tybee Island PO Box 2749 REM # 8SV0943A Tybee Island, GA 31328 -2749 Re: Lease (Site # SVG943 -1) dated on or about 08/12/99 ( "Lease ") between SunCom Wireless Property Company, LLC, and its predecessors in interest ( "Tenant" or "SunCom ") and City of Tybee Island, and its predecessors in interest ( "Landlord ") for the Premises located at or about 111 Butler Avenue, Tybee Island GA 31328. Dear Landlord, This letter is to notify you that Tenant's indirect parent company, will be purchased by T- Mobile USA, Inc. (doing business as T- Mobile) ( "T- Mobile "), and T- Mobile anticipates this transaction to close on or about February 22, 2008 ( "Purchase "). This Purchase will not result in an assignment or transfer of the Lease from Tenant to T- Mobile since SunCom will continue to operate and remain the Tenant. Also, neither the SunCom contact infonnation you currently use, the SunCom persons who administer your Lease or the rent payment you receive from SunCom will be affected. Further information on the Purchase and documentation, can be found on the FCC website; fcc.gov/ transaction /t - mobile - suncom.html. Financial information on T- Mobile can be found at the T- Mobile website; t- mobile .com /company /investorrelations — then go to "financial releases ". This documentation and financial information should be sufficient to meet any documentation and financial requirements contained in the Lease as it applies to the Purchase. T- Mobile is assessing the integration of SunCom within the T- Mobile corporate structure. If we decide upon any changes to SunCom (e.g. change in notice address, or change in brand), T- Mobile will comply with any applicable Lease requirements regarding such changes. If you have any questions about the Purchase, please contact Collette Jeffries at SunCom @bv.com. Sincerely, Debby Andresen Eric Haskell Director Lease Compliance and SunCom Wireless Information Management Executive Vice President and CFO .1 p10 p p 13_0 �j oi stick tog ether June 11, 2008 Dear Vendor, On February 22, 2008, SunCom Wireless Holdings, Inc. ( "SunCom ") merged with a wholly owned subsidiary of T- Mobile USA, Inc. ( "T- Mobile "). As a result, SunCom is now a wholly owned, direct subsidiary of T- Mobile. Accordingly, T- Mobile will assume responsibility for certain payables of SunCom and its subsidiaries beginning on July 1, 2008. Please update the notice section of your contract with T- Mobile to include the following contact information. Notices to be delivered to T- Mobile should be sent to: With a copy to: Office of the General Counsel Vice President, Enterprise Procurement T- Mobile USA, Inc. T- Mobile USA, Inc. 12920 S.E. 38`'' Street 12920 S.E. 38 Street Bellevue, WA 98006 Bellevue, WA 98006 Starting on July 1, 2008, please send your invoices to the appropriate post office boxes below. If you have any inquiries regarding your invoices, please direct them to our A/P Customer Service team by email to APInfo @t - mobile.com or by phone to 888 -526 -4612, and we would be happy to assist you. We look forward to doing business with you. Sincerely, Lauren Venezia Vice President and Dep • • - Zeral Counsel T- Mobile USA, Inc. PO Box Address — General Invoices Accounts Payable PO Box 53090 Bellevue, WA 98015 -3090 PO Box Address — Purchase Order Invoices Accounts Payable PO Box 52690 Bellevue, WA 98015 -2690 PO Box Address — Independent Contractors Accounts Payable PO Box 52970 Bellevue, WA 98015 -2970 PO Box Address - Freight Accounts Payable PO Box 53210 Bellevue, WA 98015 -3210 PO Box Address - Utilities T- Mobile USA c/o NISC PO Box 1090 Mandan, ND 58554 May 1, 2009 SENT BY CERTIFIED MAIL 921 S City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 -2749 RE: Lease 8SV0943A commenced on or about 8/12/1999 between City of Tybee Island and SunCom Wireless Property Company, LLC ( "Lease ") for the Premises located at or about 111 Butler Avenue Tybee Island Georgia 31328 Dear City of Tybee Island: SunCom Wireless Property Company, LLC, as Tenant under your Lease, is part of the T- Mobile family. We thank you for being part of the exciting growth of T- Mobile as we help people stay connected to those who matter most. As a result of our continued growth, T- Mobile is simplifying its corporate structure by combining certain of its subsidiaries which will have no functional effect to you. This correspondence serves as notice that the Lease will be conveyed to T- Mobile South LLC effective June 30, 2009. This is merely an internal conveyance and it will not change or affect your relationship with T- Mobile, including the contact information you currently use, the T- Mobile analyst who administers your Lease, or the rent payment you receive from T- Mobile. If you have any questions, feel free to e -mail us at entitychange(bv.com. Please include the Notice ID and the Site ID stated below. Thank you so much. Very truly yours, ai.,, Ckbt."-- e ct. Debby Andresen Director Lease Compliance and Information Management Certified Mail Tracking Number: 7008281000017952 3380 Notice ID: nls Site ID: 8SV0943A 1 June 18, 2008 SENT BY CERTIFIED MAIL 7007256000022248 2779 City of Tybee Island PO Box 2749 Tybee Island, GA 31328 -2749 CHANGE OF LEGAL NOTICE ADDRESS Re: Lease (Site # SVG943 -1) dated on or about 8/12/1999( "Lease ") between SunCom Wireless Property Company, LLC, and its predecessors in interest ( "Tenant ") and City of Tybee Island, and its predecessors in interest ( "Landlord ") for the Premises located at or about 111 Butler Avenue Tybee Island GA. Dear Landlord, As previously notified, Tenant's indirect parent company was purchased by T- Mobile USA, Inc. (doing business as T- Mobile) ( "T- Mobile ") on February 22, 2008. This letter is to notify you of a change in Tenant's legal notice address. On and after July 15, 2008 (effective date), all notices should be sent to the addresses listed below. Please expect disbursement of payments by T- Mobile to begin as early as July 2008. Our Legal Notice Addresses are as follows: T- Mobile Attn: Lease Compliance 12920 SE 38th Street Bellevue, WA 98006 With a copy to: T- Mobile Attn: Legal Department 12920 SE 38th Street Bellevue, WA 98006 If you have any questions, please email Mechelle Moore at Suncom@bv.com. Sincerely, Debby Andresen Director Lease Compliance and Information Management 4 '...x May 1, 2009 SENT BY CERTIFIED MAIL 922 S City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 -2749 RE: Lease 8SV0943A commenced on or about 8/12/1999 between City of Tybee Island and SunCom Wireless Property Company, LLC ( "Lease ") for the Premises located at or about 111 Butler Avenue Tybee Island Georgia 31328 Dear City of Tybee Island: SunCom Wireless Property Company, LLC, as Tenant under your Lease, is part of the T- Mobile family. We thank you for being part of the exciting growth of T- Mobile as we help people stay connected to those who matter most. As a result of our continued growth, T- Mobile is simplifying its corporate structure by combining certain of its subsidiaries which will have no functional effect to you. This correspondence serves as notice that the Lease will be conveyed to T- Mobile South LLC effective June 30, 2009. This is merely an internal conveyance and it will not change or affect your relationship with T- Mobile, including the contact information you currently use, the T- Mobile analyst who administers your Lease, or the rent payment you receive from T- Mobile. If you have any questions, feel free to e-mail us at entitychange(bv.com. Please include the Notice ID and the Site ID stated below. Thank you so much. Very truly yours, • Debby Andresen Director Lease Compliance and Information Management Certified Mail Tracking Number: 7008281000017952 3397 Notice ID: nls Site ID: 8SV0943A 1