021918 Council Mtg Agenda Backup .0••••••44- \North Augustä\ „a
South Carolina's Riverfront
REGULAR AGENDA
OF
FEBRUARY 19, 2018
North CITY OF NORTH AUGUSTA
Augusta
South Carolina's Riuerfront
AGENDA: REGULAR CITY COUNCIL MEETING
February 19,2018—Municipal Center—100 Georgia Avenue,3rd Floor—7:00 P.M.
CITIZEN COMMENTS: Citizens may speak to Mayor and City Council on each item listed on this agenda. Mayor Pettit will
call for your comments prior to City Council discussing the matter. Citizens wishing to address Mayor and City Council are
required to submit a Speaker Form to the City Clerk before addressing Mayor and City Council. Forms are provided on the
credenza at the entrance to the Council Chambers. Citizen comments are limited to five minutes.
CITIZEN ASSISTANCE: Individuals needing special assistance or sign interpreter to participate in the meeting,please notify the
Administration Department 48 hours prior to the meeting.
1. CALL TO ORDER:
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. APPROVAL OF MINUTES: Regular and study session meeting minutes of February 5,2018
Study session meeting minutes of February 8 and 9,2018
UNFINISHED BUSINESS
None
NEW BUSINESS
5. CITY CODE: Ordinance No.2018-02—An Ordinance Amending Section 4.1 of the Code of Laws for the City
of North Augusta Entitled"Consumption of Alcoholic Beverages in Public"
A. Ordinance 2018-02,First Reading
B. Ordinance 2018-02,Second Reading
7. PARKS,RECRETION,&TOURISM: Resolution No. 2018-05 — A Resolution authorizing Additional Funding
for the Construction of the Riverview Park Gym Additions
8. UTILITIES: Resolution No. 2018-06—A Resolution Authorizing a Water Tank Attachment Lease Agreement
Between the City of North Augusta and T-Mobile South, LLC for the Sidereal Avenue Water
Tank
9. PRESENTATIONS/COMMUNICATIONS/RECOGNITION OF VISITORS:
A. Citizen Comments: At this time,citizens may speak to Mayor and City Council regarding matters not listed on the
agenda. Citizens wishing to address Mayor and City Council are required to submit a
Speaker Form to the City Clerk before addressing Mayor and City Council. Forms are
provided on the credenza at the entrance to the Council Chambers. Citizen comments are
limited to five minutes.
B. Council Comments
10. ADJOURNMENT:
Administration Department
North
Au g usta /
SOtii! Carolina's n
Interoffice Memorandum
TO: Mayor and City Council
FROM: B. Todd Glover, City Administrator
DATE: February 16, 2018
SUBJECT: Regular City Council Meeting of February 19, 2018
REGULAR COUNCIL MEETING
ITEM 5. CITY CODE: Ordinance No. 2018-02 — An Ordinance Amending
Section 4.1 of the Code of Laws for the City of North
Augusta Entitled "Consumption of Alcoholic
Beverages in Public"
A. Ordinance 2018-02, First Reading
An ordinance has been prepared for Council's consideration on
first reading amending Section 4.1 of the Code of Laws for the
City of North Augusta Entitled "Consumption of Alcoholic
Beverages in Public."
Please see ATTACHMENT NO. 5-A for a copy of the proposed
ordinance.
B. Ordinance 2018-02, Second Reading
Pending Council's passage of the ordinance on first reading, it is
submitted for Council's consideration on second reading.
ITEM 6. PARKS, RECREATION, & TOURISM: Resolution No. 2018-05 — A
Resolution Authorizing
Additional Funding for the
Construction of the
Riverview Park Gym
Additions
A resolution has been prepared for Council's consideration authorizing
additional funding for the construction of the Riverview Park gym
additions.
February 19, 2018
Please see ATTACHMENT NO. 6 for a copy of the proposed resolution.
ITEM 7. UTILITIES: Resolution No. 2018-06 — A Resolution Authorizing a
Water Tank Lease Agreement Between the City of
North Augusta and T-Mobile South, LLC for the
Sidereal Avenue Water Tank
A resolution has been prepared for Council's consideration authorizing a
Water Tank Lease Agreement between the City of North Augusta and T-
Mobile South, LLC for the Sidereal Avenue Water Tank.
Please see ATTACHMENT NO. 7 for a copy of the proposed resolution
and agreement.
ATTACHMENT 5—A
ORDINANCE NO. 2018-02
AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF LAWS
FOR THE CITY OF NORTH AUGUSTA ENTITLED "CONSUMPTION
OF ALCOHOLIC BEVERAGES IN PUBLIC"
WHEREAS, Section 4-1 of the City Code relates to consumption, use, etc.
f alcoholic beverages in public areas of the City; and,
WHEREAS, such Ordinance was amended in October of 2017 to provide
for regulations that considered City sponsored festivals; and,
WHEREAS, at the time of the passage of said Ordinance, it was anticipated
hat additional changes would be necessary in order to effectively regulate future activities
ithin the City; and,
WHEREAS, the Mayor and City Council have made a determination that it
's appropriate to update such Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
hereof, that:
1. Section 4-1 of the Municipal Code for the City of North Augusta is
hereby deleted in its entirety and replaced with the following:
Section 4-1. Consumption of Alcoholic Beverages in Public
a) Except for the area and circumstances provided for in Sections B, C
and D herein, it shall be unlawful for any person, in a public place,
within the corporate limits of the City, to publicly engage in the
possession of an open container of or consume an alcoholic
beverage, intoxicating liquors, beer, ale, porter, wine, any other
similar malt or fermented beverage. This restriction does not apply
to any public place licensed for the sale and consumption of
alcoholic beverages by the State of South Carolina.
b) Within the area of the City known as Riverside Village, a
specifically described area shall allow for public possession and
consumption under restrictions and regulations as set forth herein
below. The specific area is described as follows: on the north by
Brick Pond Park; on the east by Georgia Avenue; on the south by the
Savannah River and on the west by Esplanade. The specific area is
more specifically identified and reference for said area is made to the
exhibit attached hereto to, identified as "Alcohol Public
Consumption Area."
1. Between the hours of 10:00 AM and 12:00 MIDNIGHT, any
business establishment that is licensed to sell alcoholic
beverages, that is within or borders on the described area, may
sell beer and/or wine beverages in a paper or plastic cups for
removal from the premises to the designated area. No cans,
bottles or glass containers of any nature may be utilized. No
person shall remove more than two (2) beverages from the
premises at any one time.
2. No beverages, as allowed for removal from business
establishments as identified in Number 1 above, are allowed
outside of the designated area. In addition, no alcoholic
beverages, for consumption within the designated area, may be
brought in from outside of said area.
3. Any alcoholic beverage dispensed pursuant to this section must
be contained within a paper or plastic cup, not to exceed 16 fluid
ounces in size. Such cups shall be identifiable and as specifically
approved by the City for such usage. Such cups are to be
provided by the business selling such beverages.
4. Should the City Administrator, in consultation with the Public
Safety Director, determine that the enforceability of this
Ordinance would be enhanced by further requirements and
regulations related to the possession and consumption of
alcoholic beverages within the designated area, such
requirements may be placed in effect by written notification of
same to all businesses within the designated area.
5. The Public Safety Director, the City Administrator, or their
designees shall have the right to temporarily suspend the service
of beverages within the consumption area, in the event that they
determine that such suspension is necessary for the safety and
wellbeing of the persons within the area.
c) The City Administrator may, at his/her discretion, grant a permit for
the consumption of alcoholic beverages in public places, during
special events and celebrations sponsored in whole, or in part, by the
City. Such permit would be in written form and specify the times
and areas, when and where alcoholic beverages may be possessed
and consumed. In addition, the Administrator is authorized to
provide such other restrictions, regulations or requirements deemed
appropriate to protect the interest of the public when granting a
permit.
d) Businesses that obtain from the City encroachment permits for
outdoor cafés pursuant to Section 4.32 through 4.32.4 of the North
Augusta Development code, are allowed to provide for the service
and consumption of alcoholic beverages on City streets and public
property in such areas as the permit authorizes the encroachment.
The service and consumption of food, non-alcoholic beverages and
alcoholic beverages in sidewalk encroachments is limited to patrons
seated at tables. The permit may specify the permitted hours for
service or consumption of alcoholic beverages but may not authorize
such service between the hours of 12:00 midnight and 10:00 am.
e) The provisions of this Section shall not be construed as an exception
or waiver of any Ordinance or South Carolina Law regarding Public
Intoxication or Operating an Automobile While Impaired, and
should not be construed as affecting Dram Shop Liability or other
liability that any such establishment maybe subjected to under law.
f) For purposes of construing and interpreting this Ordinance, the
following definitions shall apply.
a. Alcoholic Beverage. Any spirituous malt, vinous,
fermented, brewed (whether lager or rice beer), or other
liquors or a compound or mixture of them, including, but not
limited to, a powdered or crystalline alcohol, by whatever
name called or known, which contains alcohol and is used as
a beverage for human consumption.
b. Person. Any individual, firm, partnership, joint venture,
syndicate or other group or combination acting as a unit,
association, corporation or other legal entity and shall include
the plural, as well as singular.
c. Public Area. Any public street, sidewalk, alley, publicly
owned parking lot, or other public area within the City.
All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict, are hereby repealed.
This Ordinance shall become effective immediately upon its adoption on the
third and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
FEBRUARY, 2018.
First Reading:
Second Reading: ROBERT A.PETTIT,MAYOR
Third Reading: ATTEST:
DONNA B.YOUNG, CITY CLERK
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ATTACHMENT 7
RESOLUTION NO. 2018-05
AUTHORIZING ADDITIONAL FUNDING FOR THE
CONSTRUCTION OF THE RIVERVIEW PARK GYM ADDITIONS
WHEREAS, the City Administrator on January 31, 2017 authorized a
contract for $1,213,232 with R.W. Allen for the design development, general conditions,
preconstruction, schematic design, construction documents, construction administration,
performance and payment bond, and site work; and,
WHEREAS, the Mayor and City Council authorized Change Order Number 1
to contract 1/31/17 with R.W. Allen, LLC for the remainder of the project for $3,786,768;
and
WHEREAS, the Mayor and City Council reprioritized funding in Sales Tax 3
in Resolution 2017-21 to cover the cost of the new gym additions at Riverview Park for $5
million; and
WHEREAS, additional funding of$93,000 is being requested for:
Summary Total Cost
Landscaping In house $35,000
CSRA Testing & Engineering Fees not in $21,000
contract
6' sidewalks at Main Entrance VE item returned $ 7,000
Enlarge entry plaza to 50' wide VE item returned $ 2,000
Enlarge the reception desk VE item returned $ 3,000
Installation of irrigation sleeves Added $ 8,000
Turnstiles with post &railing Added $ 9,500
Intercom system Added $ 7,500
TOTAL: $93,000
WHEREAS, additional funding of $93,000 would be allocated from the
Capital Projects Fund.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, that the total project budget shall be increased by $93,000 with the additional
approved herewith, from the Capital Projects Fund.
Page 2
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
19TH DAY OF FEBRUARY, 2018.
Robert A. Pettit, Mayor
ATTEST:
Donna B. Young, City Clerk
NORTH AUGUSTA, SC
PARKS, RECREATION
& TOURISM
Activities Center Expansion
Landscaping Budget
Material Complete Install Minimum Install
Plant Material $18,305 $13,000
Irrigation $11,000 $11,000
Agronomic Material $1000 $750
Sod 20,000 sq.ft. $8400 $5636
Mulch $1500 $1500
Equipment rental $1000 $1000
Contingency $2000 $2000
Total $43,065 $34,886
*AII labor on the project will be performed by City of North Augusta Staff
ATTACHMENT 8
RESOLUTION NO. 2018-06
AUTHORIZING A WATER TANK ATTACHMENT LEASE AGREEMENT
BETWEEN THE CITY OF NORTH AUGUSTA AND
T-MOBILE SOUTH, LLC.
FOR THE SIDEREAL AVENUE WATER TANK
WHEREAS, the City of North Augusta desires to lease to T-Mobile South,
LLC., certain space upon the City's Atomic Road water tank upon which T-Mobile has
certain antennae, other equipment, and related devices, and to lease ground space used
exclusively to house T-Mobile's equipment; and
WHEREAS, T-Mobile desires to lease from the City certain space on the
City's Sidereal Avenue water tank and ground space for T-Mobile's equipment.
NOW THEREFORE BE IT RESOLVED that the Mayor and City Council
for the City of North Augusta in meeting duly assembled and by the authority thereof,
hereby authorize the attached Water Tank Attachment Lease Agreement between the City
and T-Mobile South, LLC. for the Sidereal water tank.
BE IT FURTHER RESOLVED, that the City Administrator is authorized to
sign the agreement on behalf of the City and to sign all other documents relating thereto.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF , 2018.
Robert A. Pettit, Mayor
ATTEST:
Donna B. Young, City Clerk
WATER TANK SITE LEASE AGREEMENT
BETWEEN THE CITY OF NORTH AUGUSTA
AND T-MOBILE SOUTH LLC
THIS LEASE AGREEMENT ("Agreement") is executed this day of , 2018,
between the City of North Augusta, South Carolina, a municipal corporation, hereinafter designated as
("Lessor") and T-Mobile South LLC, a Delaware limited liability company,hereinafter designated ("Lessee").
WHEREAS, Lessor desires to Lease to Lessee certain space upon a Water Tank owned by Lessor upon
which Lessee has certain antennas, other equipment, and related devices, and to continue Lease of Ground
Space for the housing of Lessee's equipment.
NOW THEREFORE, for and in consideration of the terms and mutual promises herein contained and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessor and Lessee agree as follows:
1. Property Description
a. Lessor is the owner of the real property located at 114 Sidereal Avenue, North Augusta, South Carolina
29841, (hereinafter called the "Property"). The Property includes the premises which are comprised of
approximately eight thousand six hundred sixty eight (8,668) square feet. The Lessee is hereby granted
non-exclusive use of five hundred (500) square feet of Ground Space, made part hereof, (the "Ground
Equipment Area") as described and/or depicted in Exhibit"A" and the non-exclusive use of the Lessor's
Water Tank located on the Property as described and/or depicted on Exhibit `B" attached hereto and
made part hereof
2. Property Use
a. Lessee is hereby granted the non-exclusive right to install, maintain, operate, remove and replace its
Wireless Communications Equipment and appurtenances on the Lessor's Property and Water Tank.
b. The primary purpose of the Property is for the operation of a water storage tank and such other
operations of the Lessor's Public Utilities Department.
c. The Lessee understands and agrees that the Lessor's use of the Property shall have priority and the
Lessee shall make necessary accommodations to permit the Lessor's uses of the Property to operate
safely and efficiently.
d. Any modifications to the Ground Equipment Area and/or the Water Tank, such as, but not limited to an
increase in the size, number, color, or noise output of shelters, cabinets, cables, antennae and/or
expansion of the same shall require an amendment to this Lease and Lessee's prior written approval
from Lessor.
1
Site Name: Sidereal Avenue
Site Number: 8AU0301A
e. Notwithstanding the above, exchange of like-kind equipment on the Water Tank and Ground Equipment
Area shall not require approval of the Lessor unless such exchange results in increased noise output,
other appreciable impact, or potential health or safety impact.
f. Lessee shall be responsible for all necessary utility service connections for its equipment and shall be
solely responsible for all costs and expenses related to connection, disconnection, consumption and use
of any utility service.
g. Lessee shall have the right to install and maintain underground utility wires, cables, conduits, and pipes
along the Property to the Ground Equipment Area.
h. Lessee shall be granted a non-exclusive right of way for ingress and egress over the Property to the
Ground Equipment Area and the Water Tank Equipment, seven (7) days a week twenty-four (24) hours
a day.
i. Notwithstanding the rights granted Lessor shall have the sole and exclusive right to lease any portion of
the remainder of the Property, including but not limited to the Water Tank, to other Lessees, including
but not limited to other telecommunications companies that may wish to collocate their equipment on
the property.
j. Lessee shall not take any action with respect to the remainder of the Property or its equipment installed
on the Water Tank or Property that would hinder collocation by any other telecommunications
provider(s).
k. Lessor shall not be required to alter the Water Tank, the Premises, or the Property to accommodate
Lessee's operation of its Communication Facility.
1. Lessee shall comply with all present and future rules and regulations imposed by any local, state, or
federal authority having jurisdiction over transmissions and operations involved in the wireless
communications systems and equipment.
3. Initial Term
a. The initial term of this Lease shall be for a period of five (5) years commencing on July 1, 2018
("commencement date") and expiring on June 30, 2023 ("initial term").
b. Upon the commencement of this Lease the Lessee shall pay the Lessor rent payments in the amount of
Three Thousand and No/100 Dollars ($3,000.00) per month. Lessee shall deliver rent to Lessor at the
address specified in section 3 (c), or by electronic wire transfer. The first payment shall be due within
twenty (20) business days after the Commencement Date. Subsequent rent shall be payable by the fifth
day of each month. Each year thereafter the Lessee shall pay an increase rent an amount equal to the
previous year, plus three percent (3%).
c. All Rent Payments shall be made payable to "City of North Augusta", and delivered to the Attention of
City Clerk, PO Box 6400,North Augusta, SC 29861-6400.
2
Site Name: Sidereal Avenue
Site Number: 8AU0301A
4. Renewal Term
a. The initial term shall automatically renew for three (3) successive renewal terms of five (5) years each
(each a "renewal term"), under the same terms and conditions including a 3% escalation over previous
years rent. This agreement may be terminated by either party by giving to the other written notice of its
intention to so terminate at least one hundred eighty(180) days prior to the end of such term.
b. Upon the expiration of the final renewal term, Lessee shall have the right to continue occupying the
premises, and the terms and conditions of the lease shall automatically extend for successive one (1)
year periods each an extended period. Rent shall include a 3% escalation over previous years rent.
Lessor or Lessee may terminate the renewal of any extended period by delivery of notice at least six (6)
months prior to the end of the then current extended period.
5. Default
a. If either party shall fail or neglect to keep and perform each and every one of the conditions and
agreements contained herein, and such failure or neglect is not remedied within thirty (30) days after
written notice from the other party specifying such failure or neglect, then such party shall be deemed to
be in default under this agreement.
b. In the event that either party shall fail to cure the default after notice given as set forth above, then the
other party may pursue any legal remedy available to cure the default and/or may terminate this
Agreement. There shall be no default if either party shall be deemed complete unless at the time the
other party seeks to take any action based upon such alleged default, the same shall remain uncured.
c. The Lessee shall be deemed in default under this Agreement if rent payment is not paid within forty five
(45) days of the due date.
d. In addition to, and not in substitution for, any other remedy for a default under this Agreement in the
case of an emergency or urgent matter affecting the public health, safety, or welfare directly caused by
Lessee, Lessor may take immediate action to remedy the default and the cost of such remedy shall be
borne by the Lessee.
d. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable
attorney's fees and court costs, including appeals, if any.
6. Termination of Lease Agreement.
Except as otherwise provided herein, this Lease may be terminated without any penalty or further
liability upon written notice as follows:
a. By Lessee upon six (6) months' advance written notice to Lessor in the event that Lessee is unable to
continue to use the property for technical reasons including the property being unacceptable as part of
Lessee's network design.
3
Site Name: Sidereal Avenue
Site Number: 8AU0301A
b. Nothing contained in this Lease requires the Lessor to continue to operate or maintain the tank, and this
Lease remains effective only so long as the Lessor operates and maintains such tank structure. In the
event the Lessor at any time determines, at its sole discretion, to discontinue the use of the Water Tank
which is the subject of this lease, then and in such event the Lessor may upon one (1) year's notice
terminate this lease.
c. That continued maintenance and/or operation of Lessee's Communication Equipment on the Property is
contrary to the public, safety, health, or welfare.
7. Removal of Lessee's Equipment
a. Prior to the expiration of any Lease Term under this Agreement, or any earlier termination of this
Agreement, Lessee shall at its own cost and expense, remove from the Water Tank, and the Property its
Communications Equipment and other property on the Premises, and restore the Property to its
condition existing on the commencement date.
b. If Lessee's Communications Equipment or other property remains on the Property after expiration of
any Lease Term or any earlier termination of this Agreement, Lessee shall pay an amount to the Lessor
equivalent to Rent at the last existing rate until such time as the removal of said property is completed or
declared to be forfeited.
c. If Lessee's Wireless Communications Equipment remains on the Property after the expiration of the
final Renewal Term or Extended Period, or after earlier termination of this Agreement, Lessor may, by
written notice to Lessee, declare all such property and equipment of Lessee to be forfeited, and lessor
may retain or dispose of such property and equipment as it deems fit, without further responsibility of
Lessee. Such forfeiture of property and equipment nor relieve Lessee of its responsibility for any
damages to the Property caused by Lessee's use of the Property or operation of its Wireless
Communications Equipment not relive Lessee of its responsibility to pay any outstanding Rent.
8. Insurance.
a. During the initial term and all renewal terms, Lessee shall obtain and maintain, at their own expense, a
policy of commercial general liability insurance with bodily injury limits of $1,000,000 for injury or
death to one (1) person, $2,000,000 per occurrence and property damage insurance with a limit of
$1,000,000 or$3,000,000 combined single limit coverage for bodily injury and property damage.
b. Lessee may satisfy the limits required in this section with the combination of primary and
Excess/umbrella liability insurance policies including the Lessor as additional insured.
c. Lessee shall provide Lessor with a certificate of insurance showing the Lessor included as an additional
insured on said commercial general liability insurance.
d. Lessee during the initial term and all renewal terms shall obtain and maintain Workers Compensation
and Employers Liability Policy with limits meeting statutory mandates with a minimum of$500,000 for
bodily injury.
4
Site Name: Sidereal Avenue
Site Number: 8AU0301A
e. Lessee shall report to Lessor in writing with twenty-four (24) hours any accident or incident related to
services performed under this Agreement which involves injury or property damage which may result in
the filing of a claim or lawsuit against Lessee or Lessor.
f. Lessee shall report to Lessor any third party claim or lawsuit filed against Lessee arising from or related
to services performed by Lessee under this Agreement.
9. Subrogation.
a. In General. All insurance policies required under this Lease shall, if possible, contain a waiver of
subrogation provision under the terms of which the insurance carrier waives all of its rights to proceed
against Lessor or Lessee, as the case may be. If waivers of subrogation are obtained, the party procuring
such insurance shall use its best efforts to obtain a certificate of insurance which notes the waiver of
subrogation and a copy of the insurance policy endorsement which evidenced the insurance carrier's
assent to the waiver of subrogation.
b. Mutual Release. Lessor and Lessee each release the other and their respective representatives from any
claims by them or any one claiming through or under them by way of subrogation or otherwise for
damages to any person or to the Property and to the fixtures, personal property, improvements, and
alterations in or on the Property that are caused by or result from risks insured against under any
insurance policy carried by them and required by this Lease; provided that, such releases shall be
effective only if and to the extent that the same do not diminish or adversely affect the coverage under
such insurance policies.
10. Destruction of Premises.
a. In the event the Premises and/or Water Tank is damaged or destroyed by fire, wind, flood or other
natural or manmade cause, the Lessor shall have the option to repair or replace the Premises or to
terminate this Lease effective on the date of such damage or destruction. If the Lessor elects to repair or
replace the Premises, until such repair or replacement is completed, and during such time the Lessee is
unable to utilize the Property, Lessee shall be entitled to the pro-rata reimbursement of any rent prepaid
by Lessee. If the Lessor undertakes such repair or replacement, but cannot complete the same within one
hundred eighty days (180) days after the damage occurred, Lessee may terminate this Lease upon thirty
(30) days written notice and have no further obligations hereunder. In the event the Lessor elects to
terminate the Lease, Lessee shall have no further obligations hereunder.
b. In the event the Water Tank is damaged by Lessee or its officers, agents, employees, servants, or
contractors, Lessor shall repair, restore or replace the tank, and, upon receipt of written documentary
evidence, Lessee shall pay to Lessor all costs incurred in cleaning and/or repairing or replacing the
Water Tank necessitated by said damage.
11. Environmental Compliance.
a. Lessor, to the best of its knowledge, warrants or represents that the Property, the easement, and the
improvements thereon are free of contaminants, oils, asbestos, radon, hazardous substances, or wastes
as defined by federal, state, or local environmental laws, regulations, or administrative orders or other
5
Site Name: Sidereal Avenue
Site Number: 8AU0301A
materials the removal of which is required or the maintenance of which is prohibited, regulated, or
penalized by any federal, state, or local government authority("hazardous materials").
b. This Lease may, at the option of Lessee, be void and of no further force or effect if hazardous materials
are discovered to exist on the Property and Lessee shall be entitled to a refund of all the consideration
given Lessor under this Lease.
12. Accommodation of Other Carriers
Lessee acknowledges that other carriers may be potentially using the Property for similar wireless
communication use. Lessee agrees to timely cooperate with Lessor and such third party users in order to
maximize the potential use of the Property; however, such cooperation shall not cause Lessee to
encumber any expenses to permanently or temporarily relocate Lessee's equipment.
13. Interference.
Both Lessor and Lessee recognize that the tank's primary purpose is to serve its function within the
Lessor's water distribution system. The rights of Lessee shall be protected from interference from any
third party whose equipment may be installed on the tank subsequent to this lease. Lessee shall be
responsible for curing any and all interference to the operation of the Lessor's tank and communication
systems equipment caused by the operation of equipment owned by Lessee. In the event that such
interference cannot be eliminated or rectified within forty-eight (48) hours of the receipt of notice by
Lessee from Lessor of the existence of interference ("notice date"), Lessor shall require the party
causing the interference to disconnect utility service to their equipment until such time as the
interference can be eliminated or rectified. If said interference cannot be eliminated or rectified within
thirty (30) days of the notice date, Lessor may require the party causing the interference to immediately
remove its equipment from the tank and the property.
14. Maintenance of Water Tank
a. Upon at least ninety(90) days written notice from Lessor, Lessee at its sole cost and expense, shall make
any necessary arrangements to either temporarily protect or remove all or portions of its
communications equipment on and adjacent to the Water Tank to allow for Lessor's painting or other
maintenance of the Water Tank. In the event of an emergency, advance notice shall not be required.
b. If Lessee and Lessor agree that it is reasonable to keep all or any portion of the communications
equipment in place during such painting or other maintenance of the Water Tank by Lessor, any
additional expense of repainting, repairing, or maintaining the Water Tank incurred by Lessor and
caused by the presence of Lessee's communications equipment shall be paid promptly by the Lessee to
Lessor.
c. Should Lessor and Lessee agree that the scheduled maintenance or painting of the Water Tank will
prevent Lessee from using the water Tank for Lessee's Equipment, and it is more reasonable for the
Lessee to temporarily relocate rather than protect its communications equipment in place, then at its own
expense Lessee may install and operate temporary equipment, including a Cell-on-Wheels, if a mutually
6
Site Name: Sidereal Avenue
Site Number: 8AU0301A
acceptable location on the Property is available subject to applicable laws, rule, and regulations then in
effect.
d. Notwithstanding anything to the contrary in this Agreement, Lessee shall have the continuing right to
access its Communication Equipment while Lessor performs maintenance on or paints the Water Tank
as long as the access does not interfere with the Lessor's work or with the operation of the Water Tank.
15. Title and Quiet Enjoyment.
Lessor warrants that:
a. It has the full right, power, and authority to execute this Lease.
b. It has good and marketable title to the property and the easement free and clear of any liens,
encumbrances, or mortgages.
c. The property constitutes a legal lot that may be leased without the need for any subdivision or platting
approval.
d. Lessor further warrants that Lessee shall have the quiet enjoyment of the Property during the term of this
Lease.
16. Successors and Assigns.
a. Lessee shall not sublease any portion of the Property or its Communication Facilities.
b. Lessee upon written approval of the Lessor shall have the right to assign, or otherwise transfer this
Agreement to its affiliates. Upon Lessor's approval of assignment or transfer of Agreement the Lessee
shall be relieved of all liabilities and obligations of the Lessor and shall look solely to the transferee for
performance under this agreement.
17. Miscellaneous.
a. This Lease constitutes the entire Agreement and understanding of Lessor and Lessee with respect to the
subject matter hereof, 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 executed by Lessor and Lessee.
b. 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 affect the intent of this Lease.
c. This Lease shall be construed in accordance with the laws of the state in which the property is situated.
7
Site Name: Sidereal Avenue
Site Number: 8AU0301A
d. 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.
e. Lessee may file in the county in which the Property and easement(s) are located a Memorandum of
Lease which sets forth the names and addresses of Lessor and Lessee, the legal description of the
Property and the easement(s), the duration of the initial term, and the quantity and the duration of the
renewal terms.
f. Lessor shall cooperate with Lessee's efforts to evaluate the tank and to comply with governmental
regulations affecting Lessee's use of the Property by providing information about the tank, the tank's
location, and prior filings made by Lessor with governmental agencies.
g. This Lease may be executed in two or more counterparts, all of which shall be considered one and the
same agreement and shall become effective when one or more counterparts have been signed by each of
the parties, it being understood that all parties need not sign the same counterpart.
h. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, in and to the antenna,
equipment, and appurtenances or any portion thereof, regardless of whether or not same is deemed real
or personal property under applicable laws.
i. Lessor will not assert any claim whatsoever against Lessee for loss of anticipatory profits or any other
indirect, special, incidental, or consequential damages incurred by Lessor as a result of the construction,
maintenance, operation, or use of the property or the easement by Lessee. Notwithstanding the
foregoing, Lessee shall remain responsible for direct losses or damages attributable to Lessee's
negligence or the negligent acts of Lessee's employees.
18. Entire Agreement; No Oral Statements
It is agreed and understood that this Agreement contains all agreements, promises and understandings
between Lessor and Lessee and that no oral agreements, promises or understandings shall be binding
upon either Lessor or Lessee in any dispute, controversy or proceedings at law, and any addition,
variation or modification to this Agreement shall be void and ineffective unless made in writing and
signed by both parties.
19. Representation and Warranties
a. Lessee represents and warrants that all operations conducted by Lessee in connection with the tank and
the property, including the tank lighting systems, meet all applicable rules and regulations of the Federal
Communications Commission, Federal Aviation Administration, and all applicable codes and
regulations of the Lessor, county, and state concerned. Lessee shall maintain its lighting systems, tank
antenna, transmission lines, equipment, and facilities in a proper operating and safe condition and shall
comply with all notice requirements of the Federal Aviation Administration regarding the failure,
malfunction, or repairs of the tank lighting systems.
b. Lessor shall comply with any requirements of any federal, state, local, or regulatory body necessitated as
a result of Lessor's equipment and/or its installation shall be the responsibility of the Lessor.
8
Site Name: Sidereal Avenue
Site Number: 8AU0301A
20. Notices
All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,
return receipt requested, or if personally delivered or sent by next-business-day delivery via a nationally
recognized overnight carrier, to the following address(es) (or other address that the party to be notified
may designate to the sender by like notice):
Lessee: T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Property Manager/8AU0301A
Lessor: City Clerk
100 Georgia Avenue
North Augusta, SC 29841
EXHIBIT "A"
9
Site Name: Sidereal Avenue
Site Number: 8AU0301A
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13
Site Name: Sidereal Avenue
Site Number: 8AU0301A
IN WITNESS WHEREOF, Lessor and Lessee have executed this Water Tank Site Lease Agreement as
of the date and year first above written.
LESSEE: T-MOBILE SOUTH LLC, A DELAWARE LIMITED
LIABILITY COMPANY
WITNESS: BY:
TITLE:
LESSOR: CITY OF NORTH AUGUSTA,
SOUTH CAROLINA
WITNESS: BY:
TITLE:
STATE OF SOUTH CAROLINA)
14
Site Name: Sidereal Avenue
Site Number: 8AU0301A
COUNTY OF AIKEN )
Personally appeared before me
and made oath that saw the within
sign, seal, and as act and deed, deliver the within Agreement, and that with
witnessed the execution thereof
Sworn to before me this
day of , 2018.
Notary Public for
My Commission Expires
Personally appeared before me
and made oath that saw the within
sign, seal, and as act and deed, deliver the within Agreement, and that with
witnessed the execution thereof
Sworn to before me this
day of , 2018.
Notary Public for
My Commission Expires
STATE OF
15
Site Name: Sidereal Avenue
Site Number: 8AU0301A
) SS.
COUNTY OF
I certify that I know or have satisfactory evidence that James B. Walther is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Director, Engineering Network Operations of T-
Mobile South LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
16
Site Name: Sidereal Avenue
Site Number: 8AU0301A
NOTES