HomeMy WebLinkAboutAVN Inc
Augusta Richmond GA
DOCUMENT NAME: fflJ (If IYltA
DOCUMENT TYPE: Q9r.ee.mef1-f-
YEAR: /9tJ&
BOX NUMBER:
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I d- 8'09
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LARRY E. SCONYERS
Chairman
,
FREDDIE L. HANDY
Vice..chairman
BOARD OF COMMISSIONERS
HENRY H. BRIGHAM
JERRY BRIGHAM
Wm. 'WILLIE' H. MAYS, III
LEE NEEL, III
J. B. POWELL
MOSES TODD
ROOM 605' CITY-COUNTY MUNICIPAL BLDG. (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-~488
LINDA W. BEAZLEY
County Administralor
June 19 I
WALTER S. HORNSBY, III
Ass!. County Administrator
JAMES B. WALL
County Atlomey
Reply To:
P. O. BOX 2125
Augusta, GA 30903
Mr. Charles Dillard,
Administrator for Operations
Municipal Building (11)
Augusta, Georgia 30911
Dear Charles:
Please place on the Engineering Services Committee's
agenda to consider approval of a lease agreement between The
Augusta-Richmond County Commission-Council and AVN, Inc., a copy of
which is attached hereto.
Thanking you and with best personal regards, I am
Yours very truly, .
df~A1J~
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LORI S. D'ALESSIO
LSD:hbs
CC: Ms. Linda Beazley
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STATE OF GEORGIA
COUNTY OF RICHMOND
LEASE AGREEMENT
WHEREAS, AUGUSTA-RICHMOND COUNTY COMMISSION COUNCIL
authorizes the herein described Lease Agreement on the following
terms and conditions:
NOW, THEREFORE, this Agreement made and entered into as
of May 1, 1996, by and between THE AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL, hereinafter described as Lessor, and AVN, INC.,
hereinafter described as Lessee;
WITNESSETH: It is mutually agreed by the parties hereto
that wherever the context requires the terms "Lessor" and "Lessee",
it shall be construed to include the masculine, feminine or neuter,
the singular or plural, and the heirs, executors, administrators
and assigns, all of whom shall be fully and completely bound by the
covenants herein contained;
.
That the lessor in consideration of the annual rental of
Five Hundred and No/IOO ($500.00) Dollars per year [which shall be
paid in advance at the rate of Forty-One and 66/100 ($41.66)
Dollars per month] for a period of five (5) years beginning
effective May 1, 1996, does hereby rent and lease unto the Lessee
space on the radio tower located next to the elevated water storage
tank located at Highland and Central Avenue in the City of Augusta,
Georgia, for installation of a 37 foot television antenna and
auxiliary transmission equipment, and on the adjacent ground for
appurtenant communication operation equipment according to the
following terms and conditions:
(1) The Lessee agrees to mount his antenna(s) on said
radio tower in accordance with mounting plans approved by the
Augusta-Richmond County Engineer. Reinforcing or bracing systems
shall be designed by a Registered Professional Engineer. Cable and
electrical wiring shall be installed ln accordance with the
applicable electrical code and shall be located and secured so as
not to present a safety hazard. Equipment building(s) location and
design shall be approved by the Augusta-Richmond County engineer.
Lessee shall provide for his own electrical power requirements.
(2) Lessee shall not alter or modify the antenna or any
of the auxiliary transmission equipment and/or appurtenant
communication operation equipment without the prior written consent
of Lessor.
(3) It is an express condition of this Agreement that,
except when caused solely by its negligence, Lessor, its officers,
directors, agents, and employees shall be free from any and all
claims, debts, demands, liabilities, or cause of action of every
kind or character, whether in law or in equity, by reason of any
death, injury, or damage to any person or persons or damage or
destruction of property or loss of use thereof, whether it be the
person or property of Lessee, its subsidiaries, agents or
employees, or of any third persons, from any cause or causes
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whatsoever arising from any event or occurrence ln or upon the
demised premises or any part thereof or otherwise arising from
Lessee's operations under and during the term of this agreement;
and Lessee shall indemnify and save harmless the Lessor, its
members, officers, agents and employees against and from any and
all such claims, demands, debts, liabilities and causes of action
(including attorney's fees and costs).
Said Lessee further agrees to furnish adequate liability
insurance to protect the Lessor in which Lessor is listed as a
named insured. The policy shall contain a clause providing that it
shall not be cancelled by the insurance company without ten (10)
days advance written notice to Lessor of its intention to cancel.
The amounts of such insurance shall be not less than the
following:
(a) Workmen's Compensation and Employer's liability
Insurance shall be secured and maintained as required by the State
of Georgia.
(b) Public Liability, Bodily Injury and Property Damage:
(1) Injury or Death of
one (1) person;
$ 300,000.00
(2) Injury to more than
one (1) person in a
single accident;
$ 500,000.00
(3) Property Damage-each
accident: $100,000.00
Aggregate
$ 100,000.00
(3) Lessee agrees to remove/protect his antenna(s) and
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appurtenances as required by the Augusta-Richmond County engineer
to maintain the elevated storage tank.
(4) This Lease Agreement can be cancelled by either
party by giving ninety (90) days written notice.
(5) Lessee further agrees to comply with all valid
ordinances and regulations of Augusta-Richmond County, Georgia,
wherein the premises are located, as well as all rules and
ordinances of governmental departments of the State, Augusta-
Richmond County and the Board of Health in whose jurisdiction the
premises are located.
(6) Should it be that the Lessee occupies the premises
over and beyond the terms of this Lease Agreement, acceptance of
rent by the Lessor shall not operate to renew this Lease Agreement
in any way, but Lessee shall be occupying the premises as a tenant
at suffrage and will vacate the premises immediately upon being
notified to do so. Any damage to the elevated tank resulting from
removal of the antenna and appurtenances shall be repaired by
Lessee as directed by the Augusta-Richmond County engineer.
(7) This Lease Agreement contains all of the agreements
between the parties and no oral representations are binding upon
any party hereto unless the same have been incorporated herein.
IN WITNESS WHEREOF, the said Lessor and Lessee have
hereunder set their hands and affixed their seals in duplicate, as
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of the day and year first above written.
COUNTY
B
Sworn to and subscribed
before me this day of
, 19
Notary Public
My Commission Expires:
LESSEE:
AVN, INC.
By
As Its President
Attest
Secretary
Sworn to and subscribed
before me this ____ day of
19
Notary Public
My Commission Expires:
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