HomeMy Public PortalAbout11-11-1999 Lease- Sprintqt\3\
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STATE OF GEORGIA
COUNTY OF CHATHAiVI
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b hs.I^r"*TOWER ATTACFIM ENT LEASE AGREEMENT
KNOW AIL IV1EN BY THESE PRESENTS THAT:
This \Yater Tower Attacirutent Lease Agreement, hereinaft
is made and entered into this /l day ol Jatc-,bp-z-, 1999,
ec referred to as'
between THE C
'Lease",
ITY OF
TYBEE I SLAr\D , with olTices at P.O. Box 2749 , Tybee Island, Ceorgia 31328, hereinafter
referred to as "Landlord" and ACW Leasine Companv. Inc- . with olTices at Harris Tower,
233 Peachtree Stree! Suite 1?00, Atlant+ ceorgia 30303, hereinalter referred to as
ttTenant".
WITNE SSETH:
1. PtggjSgg: 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 relerred to as "Leased Premises". said Leased Premises
being located in the ciw otTybee Island . county of chatham, state ol Geocgia, and more
clearly described on the attached Exhibit "A".
2. Commun ications Equioment:Equipme_nt. g!1?l! pe .selected, installed and
operated such that it does not interfere with the ongoing operation or maintenance of the
tower or Leased Premises by the Landlord. Specific equipment selection shall be subject
to the review and prior approval of the city Engineer which approval shall not be
unreasonably withheld. 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:
t euct.oJc B
a.Up to L antennas with the anten cation on the
surface of Landlord's wa ter to\Yer, not to exceed fk f""ct location of
the antennas shall be supplied to Landlord in the lorm of proposed construction drawings
and specifications prior to any installation o; construction; no alteration therea[ter shall
be made \ilithout pi-ior written approval and acceptance by Landlord and such approval
shall not be unreasonably withheld. A complete set o[ as-built drawings will be furnished
to the Landlocd following construction.
b. Flexible coaxial transmission lines between antennas and cellular
communications equipment which shall be anchored and installed on the tower in
-Qlo" 6,.o"t2
nly'at a permanent lo
t'in-+eq+h. The exa
accordance )vith good atld acccpted ellgillcerillg practices.
c. Radio comnlunications equiprnent consisting of transnlitter, receiver
and accessories to be installed on the equipnrent platform located near the base ol the torver
in accordance \yith the site plan attached hereto as Exhibit "B".
d. ., Emergency gasoline, butane, diesel or other luel porvered generator to
be located on the equiprnent platflo u and to be used at Tenant's option, but in most cases
only in the event ol porver failure.
For the purPoses of this agreement, all of Tenant's equiprnent, building, panels,
generator, cables, wires, antennas, microlvave dishes and accessories shall hereinafter
iollectively be referred to as "Conrmunications Equipment" or "Communications CenteC'.
Landlord and Tenant acknowledge that the Comrnunications EquiPment to be
instalted on the Leased Premises will be operated pursuant to a nlanagement agreeinent
between Tenant's parent company, Aircate Pcs, lnc., and sprintcorn, Inc., its successors,
afiliates or related parties (('sprint Pcs'). Pursuant to the terms of the management
agreement, the Communications Equipment rvill be a pad of the PCS netlYork managed by
AirGate PCS, Inc., and Tenant providing PCS service under the Sp+ing PCS brand name 698r,
on spectrum licensed to Sprint PCS. 57a*+rlr
. 3. Term: The term of this Lease shall be for live (5) years and shall commence
on the gllsa-y of U<.-Lo 1999, and shall terminate on the t4* day olZ:-::.-v--,200(
(Initial Term). Tenant shall have the right, but not the obligation, to extend this Lease for
V additional { year tenns (Renewal Ternr). Each Renerval Term shall be on
the same terms ard corrditions as set forlh 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 Renerval Term, unless.Tenant notifies-*-
Landtord 0f Tenant's intention not to renely 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 hereinalter provided, Tenant shall have reasonable ingress and egress
on a 24-hour basis to the property foc the purposes of maintenance, installation, repair and
removal of said radio antenna equipment. It is agreed, however, that only authorized
engineers or employees or agents of Lessee and Sorint PCS its successors, alhliates and
related parties, or persons under Tenant's direct supervision will be permitted to enter the
said properfy to install, remove and repair Telant's equipment. Tenant is responsible for
the cost ol such activities and will notify Landlord in advance ol its need to install or repair
the equipment located on the Tower; except however, in the case of an ernefgency whereupon
notificatlon shall ]:e given as soon as reasonably possible.
')
5. Rent: Duling the initial Terrn, Terlant shall pay Landlord the strrrr of (,-r*"-^
l^^*J"-J
Rent shall be payable on the first day of each month in advance to Landlord at Landlord's
address as specificd herein. [n the event this Lease is extended or rene\ved as provided [or
in Paragraph 3 heleol, the Rent due in each Renerval Terut shall be as follo\vs:
a Rent due in the tirst Renerval Terrn shall be {,.-" t4 o^to*( 1"-\'. AND $100THS ($ z-o y'a
"' ; pel nronth
comply with all applicable rules and legulations of the Federal
Commission and electrical codes of the City and State which are
c. Rent due in the thicd Renerval Ter'nt shall be4,'.. (,/,"*s-J *L'
-Jr.J\D o"\100THS ($ l3zra.'o ) Per ntonth.
6. Tenant's Re Dresentations and lVarca nties: Tenant covenants and a grees that
Tenant's Communication Equiplnent, its installation, operation and maintenance shall:
a. not materiatly darnage the water toiver structure and accessories
thereto;
b. not interfere with the operation o. maintenance of the tolver 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 ol time- If
Tenant is unable to eliminate such interfrerence 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. Interl'erence shall include any damage to the tower,
-or -its ,opeiation; any material impairment of Landlord's ability to access the tower for
' Eaintenance purposes; or any damage to the water maintained for storage contained within
the tank. Tenant agrees that it shatl be fully and cornpletely responsible lor 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 Landtord to arise from the negligence or willful misconduct of Tenant or
Tenant's agents, employees, contractors or inviiees, shall be the sole responsibility ofTenant
to correct; and
h
Communications
applicable.
d.notmateriallyincreasetheriskoflailureofocdamagetothetankdue
to windload or other factors.
J
Ar\ D g$l00THS (5 I t oa. 'o ) per nronth as rental (the Ren|.
b. Rent due in the second Renerval Terur shall be .-, ..Jo t4^- !' ! q*.1 si x
U-A*-A-i---a:-x-- AND ?e\100TllS (5 z-c oc.'" ) pr:r nrortth'
7. Use: Tenant rvill use tlre Leased Prenrises [or the purpose oI c0nstructing 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 Prernises [ol no other purpose, \yithout tlle prior \vritten cotlseltt ol Li:rrdlold.
8. Non-Exclusive Lease: This Lease shall be tron-exclusive and Larrdlord may
grant a similar lease to any other p:rr1y. Lancllord $ill not, horvever, grant such a similar
lease, if such grant will in any rvay adversely affect (rvhich advetse affect shall relate to the
operation of, and the use and enjoynrenl of, the Tenant's Cornnrunication Equipment, and
shall not relate to competitive ellects) or interfere \vith Tenant's use ol Tenant's
Communication Equiprnent. Tenant shall not change the frequency, polver or character ol
its equipment \yithout first obtaining the \vritten consent of Landlord; rvhich shall not be
unreasonably withheld.
9 Landlord's R eDres ntations and \Yar ranties:e
a. Landlord represents and rvarrants that Tenant's intended use of the
Leased Premises for the transmission and receipt ol radio cornmunications signals; lor 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 t'egulations which rvould prohibit
Tenant's intended u5e of the Leased Premises. Nor are thece any easements' licenses,
rights-of-use o. other encumbcances on the l,€ased Premises which witl interfere with or
constructively pr-ohibit Tenant's intended use of the Leased Premises, excePt, however,
existing water tolyer leases on the Property and/or communications equipment, and Tenant
shall have satisfied itself that such existing uses rvill not interfere with Tenant's intended
use. By execution hereof, Tenant agrees that it has conducted apPropriate studies for its
own benefit to determine that the existing cornmunications leases on Landlord's water tower
- will not interfere with Tenanfs intencled use oI the Leased Premises. and Tenant.accepts .all"
risk associated therewith.
10.Condition o[ Premises: Tenant has satisfled itsell that the water tower
structure has adequate existing structuml support and integrity to support tenant's
communications equipment. Landlocd shall maintain and repair the water tower during
the initial term and any renerval term of this lease, howevec, iI damage to Landlord's water
tower occurs which renderS it substantially unusable for Tenant's use, Landload, at its
option, may repair or decline to repair or lestote this water tower, in which event, Tenant
may terminate this lease upon rvritten notice to Landlord.
11. Abatement of Rent: If the watlr tolvec is darnaged for any reason so as to
render it substantially unusable for Tenant's use, Ient shall abate foc such period as the
water tower is substantially unusable [or Tenant's use. If Landlord, at its expense, fails to
repair or restore the water to\Yer, Tenant may terminate this agreement and all obligations
for rental shall cease.
4
12. Conditio ns P receden t: Tenunt's obli gation to perforrn undel tliis l,erse (except
tbr the indemnity obligations previously incurred und Tenant's obligations to retnove the
communication equipment or any other personul property) shall be subject to and
conditioned upon Tenant securing appropriate approvals lor Tenant's intended use of the
L"eased Premises lronr the FCC, the FAA, and any other tederal, state oI local regulatocy
authOrity having jurisdictiOn Over Tenant's proposed use of the l,eased Premises. Tenant's
inability to successfully satisfy these conditions or the occu|r'ence of any othec event \Yhich
effectively prohibits Tenant's intended use ol the Leased Premises shall relieve Tenant [rom
any obligation to perfornr under this Lrasg including termination of Tenant's parent
compan/s authority to marage a PCS network for Sprint PCS oursuant to which the
Communicatio n s Eouioment will be installed and shall entitle Tenant to restitution of any
prepaid monthly rental paynlents *hich have been paid to Landlo|d.
13. Interfe rence: Landlord shall not use , nor shall Landlord permit its tenants'
licensees, invitees or agents to use any portion ol Landlord's real proPelly oc water tower
in any way which interferes, based on generatly accepted engineering and
telecomm unications standards, with the operations oITenant.
14. Termination: Except as othenvise provided helein, this Lease may be
terminated, without any penalty or fudhe| liability (except or indernnity obligations
previously incurred and Tenant's obligation to relnoYe its cotnmunications equipment, or
any other personal propedy), on thirty (30) days' wlitten notice if either of the following
conditions should apply:
a. upon a delault ol any covenant or term hereof by the other party which
default is not cured within thirty (30)'dals ol receipt of rvritten notice of default (without,
however, limiting any other rights availabte to the parties pursuant to any other provisions
hereo0;
b. ifTenant is unable to obtain 0r maintain any license, permit or othe.
Governmental Approval necessary to the construction and operation olthe Communications
Center or Tenant's business; or'
by Tenant for no reason or any reason at all upon providing six (6)
months advance \yritten notice to Landlord.
)
15. Subleases: After first obtaining the written consent oI Landlord, which consent
shall not be unreasonably withhetd, conditioned or delayed, Tenant shall have the right to
sublease the Property or any po(tion thereof to others whose primary business is the
provision of radio transmission and communjcation services. Tenant's sublessee(s) shall
be entitled to rights of ingress and egress to the L,eased Premises and the right to install '
utilities on the Leased Premises as if said sublessee ryere the Tenant under this Lease. If
and to the extent fequired under applicable law, any rents receiYed by Tenant from any
sublessee(s) in excess of the rent paid by Tenant hereunder shatl be Landlord's. It is
understood that Landlord is concerned that under applicable larv, a Tenant leasing PcoPerty
[rom a governmenta] entity nlxy not be entitled to financial Profits in the subleasing of
portions of that property, and Landlord and Tenant agt'ee that they rvish to conform this
lease to applicabte larv. Until such tinres as it is deterrrrirred tlrat subleasing e\cess rents
are an impermissible profit for Tenant, Tenant and Landlord shall share such excess rents
evenly (i.e., 50-50). Imrnediately upon the deternlination by a Court of competent
jurisdiction or similar authority that Tenant is not entitled to such excess rent, such excess
rent shalI be paid to Landlocd by Tenant, to the extent actually receiYed.
16. Taxes: Tenant shall pay any persollal ploperty taxes assessed on, or any
portion ol such taxes attributable to, the Conrnrunications Center'. Landlord is exenrpt lrom
any obligation to pay real propefty taxes on the Real Properly and the intproYerrtents owned
by Landlord which are located theleon.
11. Insurance and !Vaive f S ubroeation:Tenant shall, at Tenant's expense,fo
purchase and maintain in full force and efTect throughout the terms of this l,easq including
any renewals or extensions thereof,. such public liability and property damage policies as
Landlord may deem necessary. Said policy or policies will provide a combined single limit
of $1,000,000 and will name Landlord as additional insuled.
18. Test: Tenant is hereby given the right to sulYey, soil test, radio coverage test,
and conduct any other investigations needed to determine if the surface and location of the
leased premisei is suitable lor the construction and insiailation of its Communications
Equipment prior to comrnencement and throughout the term of this lease. Any such testing
shall be done in a manner so as to avoid damage. Il damage should occur, the Tenant is
solely and completely responsible flor anj and all such damage.
19. Destruction of Prernises: Il the propefiy or the Communications Equipment
- ... are .destroyed . or damaged. so .as .to.-hinder', the. effective use ol the Communications ..
Equipment in Tenant',s judgment, Tenant may elect to tecminate this Agreement as ol the
date ot the damage or destruction by so notilying the Landlord. In such event, all rights
and obligations of the parties shall cease as ol the date oI the damage or destruction (except
for indemnity obligations previously incurred and Tenant',s obligation to remove its
communications equipment or any other personal property) and Tenant shall be entitled
to reimbucsement ol any Rent prepaid by Tenant.
20. Environmental Comoliance: Landlord rePresents and warrants that, to the
best of Landlord's knowledge, the Real ProPerty and the lYater to\ver are in compliance with
all laws, ordinances, notices, orders, rules, regulations and requirements of any and all
lederal, state, or municipal governments or their appcopriate departments, commissions,
boards and omces thereof.
6
Tenant shall have the .ight to conduct an environmental audit of the Real
Property and the rdater tower at Tenant's exPense. Tenant shall not be obligated to take
I
possession ol the l,eased Premises this l,ease il the euvilorunental audit leveals that the
Real Property and the Torver contains contanlinants, oils, asbestos, r'adon, PCB's, hazardous
substances oc hazardous wastes as defined by federal, state or local envitonmental laws,
regulations or orders or other ruaterials the rernoval ol rvhich are required oc the
maintenance ol which is prohibited, r'egulirted oc pr:ttllizcd by any leder.:1, state or local
government authority ("Hazardous lvluteri al s").
21. Notices: A)l notices, requests, demands and other cornlnunicalions hereunder
shall be in writing and shall be deeured given ii delivered personally or by a nationally-
recognized overnight courier for next.day delivery or nrailed, cerlitied nlail. retucn .eceipt
requested, to the flollowing addresses:
Il to Landlord. to:
City oi Tybee lsland, Ceorgia
P.O. Box 2?49
Tybee Island, GA 31328-2749
(912) 786-4s71
Overnight to:
City of Tybee Island, Ceocgia
403 Butler Avenue
Tybee Island, GA 31328
If to Tenant. to:
AirGas PCS, Inc.
---Harris Tower, Inc.,.__ --.
233 Peachtree Street, NE, Suite 1700
Atlanta, Ceorgia 30303
uired C to:e
Same as above.
22. Title and Quiet Enioyment:
a. Landlord warrants that (i) it has lull right, power, and authority to execute
this Lease; (ii) it has good and unencumbered title to the Real Property and the Tower free
and clear of any tiens or motlgages; (iii) th6 property coostitutes a parcel *hich may be
leased without the need lor any subdividing or Platting approval, and (iv) that Tenant shall
have the quiet enjoyment of the t eased Premises ancl the water tower duting the term of
this Lease.
,7
8rr-.ru-(uu! uJ: llpt.t Ffol.l-.A IflGATE +8{35060S50 T-655 P.Og2lgoz F-?66
b, Tenant has the right t! obtain a title r'eport or commitment for a
teasehold title policy from a title insurancc coolpany of its choice. lf, in thc opinion of
Tenant, Such title report shows any defects of tirle or any liens or encumbrances whlch
adversety affcct Tenant's use of the Leascd PremiSes and Tenant's ability to obtain
leasehold frnancing Teaant sbalt lrave the right to cancel this Agreement immedirtely upon
written notice to Landlord.
c. Tenant shall also havc the right to have the Real ProPerty surveyed
and to have soit boring and ana\nis tests run, In the event tlrat any defects are shorvn by
the gqr-vey or the soil analysis, which in the opinion of the Tenant' may adversely affect
Tenant's use of the Lcased Proises, Tenant shall have the right to cancel this Lease
immediately upon witten notice to Landlot-d-
23. Assienment: ABy assignlne[t of this Agreernent that is entered into by Tenant
shall be subject to the provisions or tlris Agfeement. Additio[ally, Tenant may, upon notice
to Landlord, mortgage or grant a seeurity interest in the Cor[munications Centcr, and may
assign the Communicatlous Center to any such mortgagees or holders of security interests
lncluding their successors and assigns.
Any subleasg license or assigrrnent 0f this Lease that is entered into lry
Lessor or Lessee shatt be subject to the provisions of this Lease- Additionally, Lessce may,
upon notice to Lessor', mortgrge or grant a secur'ity inrerest in this Lease and the
equipment, and may assign this Lease and the equipment to any such rttortgagees or
holders of security interests including tfreir successors and assigns (hereinafter collectively
rcferred to as ('Secured Parties"). In such eYent, Lessor shall execute such consent to
leasehold financing as may reasonably be required by Secured Pafties. Lessor agt'ees to
notify Lcssee and Lessee's Secured Parties simultaneously of any default by Lessee and to
give Secured Parties the same right to cure any default as Lessee excepl that the cure
period-for any Secured Party shall not be less than ten (10) days after thc receipt of the
default notice. Lessee may assign this Lease rvithout thc consent of Lessor to an affiliate
of Lessee or to an entity whlch acquir'os Lessee's Communications Eouipment or to SPrint
PCS, If a teroioation disaflirmrrnce or rejection of thc Lease pursua[t to any laws
(bankruptcy or insolvency laws) by Lessee shall occur, or i[ Lcssor shall terminate this
Lease for any reason, Lessor will give to the Seeured Parties prompt notice thereol and
Lessor will give thc Secured Parties the right to enter uPon tlte Property during a thirty
(30) day period cornmencirrg upon the Secured Party's receipt ofsuch notice for the purpose
of removing any equipment. Lessor ackrrowledges that the Sccured Parties shall be third-
party benefrciaries of this Lease.
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14. lndenrnitication:Tetrlttt shall indelullili', protect, suve and hold hanttless
Landlord and the directors. omcers, etnployees, agents and volunteets oI Landlord (for the
purposes oI this palagraph, collective "Landlord"), front and against any claitns, demands,
judgments, set-o[Is, losses, darnages, liabilities, arvaLds, Incs a d expense, including rvithout
limitation, the conculrent negligence ol' Landlocd and the Tenuttt, the contributing
negligence of the Tenant and any third party, and any atto[ney's fees, expenses or other
costs associated rvith or incurred, based on or in any nlanner arising out ol or related to
the performance ir non-performance of this agleenlent by the Tenant hereunder, including
but not lintited to the injury to persons or property, actual damages, consequential
damages, punitive damages, losses, set-0ffs, warranty clairns, product Iiability claims or
otherlamages arising out of an action for strict liability in tott; provided, horvever, that
nothing contained in this provision shall be interpreted to indenrnify or hold harmless
Landlord against tiability for damages arising out ol bodily iniury to pefsons or damage to
property caused by or resulting frorn the sole negligence or rvillful nrisconduct of Landlord,
anJLandlord shall indenrnify, protect, sive and hold harrnless Tenant against liability for
damages arising out of bodily injury to persons or datnage to Property caused by or
resulting from the sole negligence or willlul misconduct of Landlord. lYithout limiting the
foregoing indemnity, the Tenant shall indemnify the Landlord for all defense costs'
inctuding reasonable attorney's fees and amounts Paid in settlement'
23 S uccesso rs and Assigns: This Lease shall run ]vith the property described On
Exhibit ,,A,,. This Lease shall be binding upon and inure to the benefit ol the parties, their
respective successors, personal representatiYes and assigns.
26. Intermodulation Studv: A fre quency i nternr od ulatio n study has been co nducted
to determine the likelihoori o[ ft'equ ency' intermo du latio n problems between the Tenant's
proposed frequencies and those utilizecl by the Landlord and/or the existing tenants on the
r ater tower. The results of this study inclicate that thece is no potential lor intermodular
. -interference. A copy ol this study is attached hereto as Exhibit l'C"' -ln.the event such --
interierence does occur, Tenant shall be so notified and shalI take immediate steps to cure
such interference. IfTenant has not cur'ed any such interference, disruption or intefruption
within fifteen (15) days of written notice thereof by Landlord, Tenant shall then cease
operation until the interiecence is cured. Further, Tenant shall indemnily the Landlord for
any claims from other tenants ol Landlord contending that Tenant's operation is causing
interference to such other Tenant's opelation.
'r1 Holdove Iau e:lf Tenant should remain in possession ol the Leased
Premises alter the expiration ol the pcimary term or any extension oI this term, without the
exercise of an optign or the execution by Landlord and Tenant of a new Lease, then Tenant
shall be deemed tO occuPying the Leased Prergises as a tenant-at-sufferance on a month'to-
month basis, subject to all the covenants and obligations of this Lease and at a monthly
rental of one and one-quarter (1.25) times the per month rental then provided hereby.
9
28. Torver Nlaintenance: Tenant agrees to reirtrbur-se L.rndlord lol any and all
reasonable expenses incurred by Landlord and attributrble to tlrc irrcreased cost of torver
maintenance and upkeep as a result of the placenrent arrd operatiou oITenarlt's iacilities
located on the City's water tank arrd foc any increased costs to the Citv its a result oI any
modifi cations to Tenant's facilities.
b. This Lease constitutes the entire agreeurent and u.nderstanding ol the
parties, and supersedes all offers, negotiations and other. agreements. There are no
representations or understandings oI any kind not set torth hereirr. Any anlendlnents to
this Lease must be in rvriting and executed by both patlies.
c. If either party is represented by a reaI estate broker in this transaction,
that party shall be fulty responsible lor any fee due such bcoker and shall hold the other
party harmless from any claims for commission by such bcoker'.
necessary to
Premises.
d. Landlord agrees to cooperate with Tenant in executing any documents
protect Tenant's cighls under this Lease or Tenant's use ol the Leased
e This Lease shall be construed in accordance with the larvs of the State
of Ceorgia.
f. Il 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 lorcq -and .. .....-.
effect.
g. Follorving the execution ol this Lease, either party, at its sole exPense,
shall be entitled to tile a memorandum of lease oi record in the county where the pcoperty
is located.
h. Title to all improvements constructed or installed by Tenant shall
remain in tenan! and all improvenrents constructed or installed by Tenant shall at all times
be and remain the property o[ Tenant, regardless ol whether such improvements are
attached or afTixed to the tower or property. Upon termination of this Lease, Tenant shall
within a reasonable period not to exceed florty-five (45) days from the date o[ termination,
remove its improvements.from the tower and pcoperty and restore the tower and property
to its former condition.
i. References herein to '(Landlord" or r'LessoC' shall mean the City of
Tybee Island and such terms are interchangeab le; the telms "Tenant" and "Lessee" as used
herein are interchangeable and refer to (correct entity).
10
29. NliScellaneous:
a. Each party agrees to lurnish to the other, rvith (ten) 10 days alter
request, such truthlul estoppel infot.utation as the other pady nlay reasonably request.
Signed, sealed and delivered thisr day of
THE CITY OF'IYBEE D, GEORGLq.
nt Name:w+dfEa- n/
le:
ATTEST:
It
TENfu\T
A cu>
DATED AS OF THE DATE FIRST SET FORTH ABOVE.
LANDLORI)
Zo
in the presenc ol:
Uoofl'icial Witness
N.otary Public VIViAU rit. M
Mv CommislklnYEti.Jfr' lfl e€6'm!esi0n
#hE4:CeE+,Ot
Ehltra lan'.ra.:
'0, atag
(NOTARIAI SEAI)
Signed, sea led and elivered this
11 day
1999,the p resence
Un fli ci a Witnes
By,
Pri
Tit
L ca.9 i 0.5 (.a^7 ^*1 , G-. ,i
i By,
Pli
Tit
nt
le:
Name:Ld hrz,ts
t O,-*den
AfiEST:
B v:
Title:W-
Notary Public
My Commission Expires:
(NOTARIAI SEAL)
.iro ag e- ecdi llt
tloldry hitid. Svla cI G.c'gla' Fuit$ C.r
W Cr,mr[s5ico E+ F9[ l?, ?t]41
11
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All that ccrriin loL,. tr.rcr or parccl oflond situate, lying nnd bcing in the
'lown of Savannah Beru:h, Tybee Islond, Chath:rnt Coutlty, Ocorgia kr:uwn a-s Lot
Numbcr Twelvc (12). in Werd Onc (l), on the offrcial mnp ol soirl Town; said Lot
Numbcr (12). in Wnrd Onc (l), )rrtving s ftot:ragc on Brrtlor Avcnue of cighly (80)
lcst v{ith a rccrangular dcpth of Ouc llundred Filly-Seveo (l-57) fcel live (5) incircs
aod hoing boundcd os follows: on the Nonh by Lot Number Elevcn (Il), snid
Ward: on thc ljftsl by Brtlor Avenuel on lhc South hy Second Strccti Bnd on [h€
Wcsr by First Avenue.
Less qnd cxccpting thereliont tny podion oflhc Lrb(rvc descrihcd propcrty
conveyed for tlc wiilening ofButler Avcnuc-
'l'tris being thc same propcrty cle:rcrihcd in thc dccd from Tybee Wuter
Works to Savumah IJcach. lybee Islund rtcordcd in Dccd Br:olt 52-X. Pngc 469,
uforesaid rccords.
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