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Home My Public Portal About1-5-16 Revocable License and Temporary Easement Agreement- T-Mobile- Not Fully ExecutedSitc Number: Tyber COW SitcNamc: Tybee COW REVOCABLE LICENSE AND TEMPORARY EASEMENT AGREEMENT This Revocable Liceose and Tempomry EaseDert Ageement (the "Agreement") is by and bctween City of Tybee Island, Georgia (.,Licensofl), and T-Mobile south LLC, a Delaware limited tiabiLity company ("Licensee"). RECITAI,S Martet Savamal WHEREAS, Licensor and Licensee wish to provide for Licensee's entry upon and aooess to the prcp€rty described in attached Exhibit A (the '?roperty") to locate and op€rate a temporary anterna facility (the "Antenna Facilities"). . COVENANTS NOW, TIIEREtr'ORE, in consideration of thce premises and thc mutua.l promises and conditions in this Agr€emen! the parties agree as follows: l. Premises. Licensor hereby licenses to Licensee the use by Licensee ofthe Premises (as defined below), inclu6ing certain space on the Property sumcient for the placement ol the Antenna Facilities. The location and orientatilon of Licensee's space on lhe Property, together with all necessary space aad easements fOr acccss and utilities, is generally described and depicted ia attached Exhibit B (the "Premises'). 2, Use. The Premises may be used by Licensee for the transmission and receptioo of radio commlnication signa.ls and for the installation, maintenance, repair or replacement ofthe Antenna Facilities described aad depicted in utta.tred BxhlUit S. Licensee shall, at Licens€e's exponsc, keep and mainlain the Antema Facilities on tha Premises in commeroially reasonable condition during tho term of this Ageemeot- Upon terminalion of this Agreement, Licensee shall remove the Antenna Facilities form the Premises and restore lhe Premises to its original condilion prior to this Agreemenl normal wear ald tear excepted. Licensee recognizes and sgxees that this Agleement does not confer upon the Licens€e any rights, title, estale or irtercst in dre Premises, nor does this Agreement confer upon the Liosnse€ a license coupled with an irterest or easemenl. This Agreement merely gives the Licensee a revocable privilege, it being expreisly undentood and ageed that regardless ofany impmvemerls or inves[nent made,.expense and harm incuned or encountered by the Licensee, this Agro€ment shall be srbject to reYo€alion, oancellation or terminatiou and tbis Agreement shall be null and void. 3, License Fee. During thc term ofthis Agre€ment, LiceDsee shall pay Licensor as a license fee two thousand five hunrtrtd and 00/100 Dollan ($2,500.00) per month, prorated for any partial months. 4. Term. The term ofthis Agreement shall commenc€ on th€ date of ins8llation ofthe Antenna Facilities and end on date of removal of the Adenna Facilities, which shall be no later than 14 days following receiving notice of completion of repairs to the water tank. 5. Ac,cess. Lioensee shall haye twenty-four-hour-a-day, seven-day-a-week access to the Premises at all times dudrg the term of this Agreement. 6. Etrvironment t L&ws. Licensee r€presents, warrants and agrees tbat it will conduct its actiYities oo the premises in compliance with alt applicable ervimnmental laws. Lic€nsor reprEsents and agre€s thal to the best of its knowledge, it has in the past and will in the futuie conduct ils activities on th€ Property in complianca lYith all applicable environmental laws and that the prcperty is fres ofbazardous substanc€s as ofthe dale oflhis Agro€men1. 7. Indemrification and Hold l{rrmless. Licensee shall indemnif and save the City of Tybee lsland, its agents, oEcials, employees and rspresentatives tee and harmless iiom any and all liability, loss cost, damage or oihel ..p"rs. from iccident or damage, eitbsr to itself or 10 the persons or property of others which may occur by reason oi the exercise of the rights atrd p vileges hereir granted by this Agreement, except for aly loss arising &om the sole negligenc.e or willful misconduct of the City of Tybee Island its sgents, officials, employees and rcpresentalives. Market: Savannal Sile Numb€. Tybee COW SiL Nam.: Tybe€ COW 6, Imurt[ce ard Subrogrtion (a) Licensee will proyide Commercial General Liability insurance in an aggregate amount of $1,000,000.00 ;d name Licensor as an additionat insurc{ on the policy or policies. Licensee may satisry this reqgirement by obtaining appropriate endo$ement to any master poliry of liabitity insuance l-icensee may maintain. O) Licensor and Licensee hereby mutually release earh other (and thei, successors or assigns) fiom liability and waive all right of recovery againsi the other for any loss or damage covered by their respective firt-party property insurance -poticies for atl trib insured thereunder- In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 9. Miscelleneous This Agreement contains the complete agreement between the parties and cannot be varied except by the uritten agrBement 6f the parties. The parties agree tbat there are no oral agrc€ments, understandings, lepresentations or wlrranties that ara not expressly'set forttr herein. Whenever rcquired by the context in this Agreement, the singular number shall include the plurj and neuter shall include the masculine or feminine gerder, aud vice versa. Article and Section headings appiaring in this Agreement are convonient reference only and are not intended, to any extent or for any purpose, to iestrict or define the text of any Article or Section. This Agr€€ment shall not be construed 11o* o, io" favorably between the parties by reason of authorship or origin oi language. This Agreement may be executed in any Dum&r of oounterparts with ihe same efiect as if all signatories had signed the sam€ document. All counterparts shall be construed together and shall constitute on and the same insaulent. A facsimile signature shall have the same binding effect as an original signature. IN WITNESS WHEREOF, lhe parties have €xecuted this Agreement to b€ effective as of the date of execution by the last party to sign. I,ICENSOR City of Tyboe Island A q192- /.*'€- JO/c, witness: Name: Witness: Name:b-'/*UtNele-,Ir%il.r& *1 By: Name: Its; Dal€: 1?^^< -r1 tp.n Market Ssvannah Site Nurnber: ?ybee COW Site Nanci Tybee COW LICENSOE T-Mobile South LLC By: Name : Its: Date: Witness: Namc; Bentley C. Alexander Vice President, Engineering Witness: Name; Markat: Savannah Sil€ Numb€t Tybee COW Sile Name: Tybc€ COw EXHIBIT A Appro mat€ty 60' r 90' Ar€a thst is atr existitrg parki.trg lot at the southemmost end ofButler Avetrue Marke{: Savannah Sit€ Number: Tybc. COw Sile Nafle: Tyb€€ COW EXHIBIT B "7 Q:{.r ,.],; 31 59 17at @ 51 03rv,r ..\55*. .t ',r; )i