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Home My WebLink AboutAVN,Inc. Augusta Richmond GA DOCUMENT NAME: (tVrJ I Ene DOCUMENT TYPE: G- SV-.e-~ t YEAR: I qq& BOX NUMBER: 1- FILE NUMBER: /;) 43/ NUMBER OF PAGES: (y J -,~ A1!llp~1t$l= JR1n<eIb.urim<<DIDlcdl <C<<D1!llIDlty <C<<DmrnmmJi.~~n<<Dm1=<CcrD1!ll~<enn ROOM 801 . CITY.COUNTY MUNICIPAL BlDG. (11) AUGUSTA, GEORGIA 30911 Bus. (706) 821.2488 Fax No. (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B. KUHLKE, JR. 1tW.. "WILLIE" H. MAYS, III J.B. POINELL MOSES TODD ROBERT ZETTERBERG LINDA W BEAZLEY Administrator - Administration LARRY E. SCONYERS Mayor FREDDIE L. HANDY Mayor Pro Tem September 16, 1996 CHARLES DILLARD Administrator - Operations Ms. Lena Bonner Clerk, Commission-Council 8th Floor, City-County Bldg. (11) Augusta, GA 30911 JAMES B. WALL Attorney Reply to: P.0.BOX2125 Augusta, GA 30903 Dear Lena: I enclose herewith the original of a Lease Agreement between Richmond County and AVN, Inc. It has taken us some time to get the executed copy back from AVN. This needs to be executed by the Mayor and you, as Clerk, and placed in the permanent records. This Lease Agreement was approved by the Commission-Council earlier this year. Thanking you and with best personal regards, I am JBWjsjp ery truly, Enclosure ~ ~ . I 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 in 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 2 . \ . .....: whatsoever arising from any event or occurrence in or upon the demised premises or any part thereof or otherwise arising from Lessee's operations under and during the term of this agreementj 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) personj $ 300,000.00 (2) Injury to more than one (1) person in a single accidentj $ 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 3 ~ -' ". ;. 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 4 " 'r ':i. of the day and year first above written. Sworn to and subscribed before me this ~.kt jiay of ~ ,19~ g~ _i!J h;(~t~ N~*f!%nbflc (!?I>?~~~ My~tomm~ssion Expires: ~ Public, Columbia County, Georgia My yomm:SsjpfLExpires .:luna 21. 1998 :-. ".., ." ry Public Commission Expires: tjl--If- f'P LESSOR: AUGUSTA-R COMMIS... N LESSEE: AVN, By As I sent A test ,~;11~ Secretary of 5