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HomeMy WebLinkAboutCAPSTAR RADIO OPERATING COMPANY ~d /17:5/ LAW OFFICES SHEPARD, PLUNKETT, HAMILTON ~ BOUDREAUX, LLP A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS STEPHEN E. SHEPARD, P.C. JAMES T. PLUNKETT. P.C. DANIEL W. HAMILTON. P.C. TODD BOUDREAUX. P.c. JOHN P. MANTON III WENDY WITHROW AUGUSTA OFFICE: 701 GREENE STREET. SUITE 104 AUGUSTA. GA 30901 (706) 722-4111 (706) 722-6200 (706) 724-6597 (706) 722-4817 FAX COLUMBIA COUNTY OFFICE: 7013 EVANS TOWN CENTER BLVD, SUITE 303 EVANS, GA 30809 (706) 869-1334 (706) 868-6788 FAX PAUL K. PLUNKETT (1922 - 1998) REPLY TO: Augusta Office TO: Betty Murphy, Office of Clerk of Commission Stephen E. Shepard ~Lvo May 27, 2008 FROM: DATE: RE: Savannah Valley Broadcasting Company/Capstar Radio Operating Company The City did not have of record a Lease Extension Agreement signed by the lessee. Please be advised that the extension signed by Capstar Radio Operating Company is enclosed. Please put a copy with the City's original records. My notes show that the matter was approved in the Commission meeting of August 3, 2004. SES:lmb Enclosure F:\Users\SShepard\STEVE\CITY\city,2008.doc following amendments. ~ STATE OF GEORGIA RICHMOND COUNTY LEASE EXTENSION AGREEMENT \Vhereas the City. Council of Augusta entered a certain lease with Savann.ah Valley Broadcasting Company on June 6, 1994 with respect to the lease of a portion of the propeliy of the Turknett Springs Detention Pond for the purposes of erecting thereupon a radio tower; and Wbereas the City Council of Augusta has been merged with Richmond County, Georgia, by an act of the legislature approved in .1995, wl~ch hact the effect of consolidating said City 'Council and said County as a political subdivision of the State of Georgia a.11d said consolidated government is the successor it1 intere~t tqsaid contract entered by the City and the County prior t6 consolidation; and whereas Sava.ntlah Valley Broadcasting Company has been merged into Capstar Radio Operating CompfulY a Delaware COI }'oration qualified to do business in the state of Georgia; and 'Whereas the parties hereto desire to extend said lease as hereinafter provided. .No"\v therefore in .consideration of'the premises and the mutual covenants hereinafter contained and the monies to be paid, the parties, Augusta-Richmond County, Georgia as successor in interest to the Ci~y Couhcilof Augusta and Capstar Radio Operating Company a Delaware Corporation qualified to do business in the state of Georgia as successor in interest to the Savannah Valley Broadcasting Company do agree as follO\vs: 1. That the terms of the Lease Agreement dated June 6, 1994 by and betvveen said City Council and' said broadcasting company are incorponited herein by reference with the 2. In the event of a conflict between the terms of this Amendment to said Agreement arid Agreement itself, the terms of this Amendment shall govern. 3. Capstar Radio Operati,ng Company a Delaware Corporation qualified to do business in the state of Georgia as lessee shall continue to pay rental to Augusta-Richmond County at the rate of $2,396.00 annually which shall be due and payable in advance on the first day of November, 2003"and ona like date for each year of the renewal term. Terms. The parties hereto recognize the extension of the Lease dated as of June 6, 1994 and further stipulate and agree that the current five-year term (renewal term) shall continue through until October 31,2008. 4. In the event lessee remains upon the premises after the date of the termination of this Lease contract as stated in thisAIDendment to said Lease contract, the rent reserved in 1'""'l~14':::ln~':::l"""h ':4 ':::lhI"YUP 1,':::111 f"'r\"nt~"'l1t::J. t'~: ""',....,..,,0. +ho. '10. 0.0. '~>")11 h ~TO +h.o C"'+"'+'; n+";' +~"f""\""""f""\+ ....t !-,U4l".&.6J..\,A.~..l..l ..J u..vv,-,,", S..L,.J.u...u ......V..l.u...L...L...l'-A........ '-'-I" aV'-'.1U-V, \...1.1"'" .LvSSvv S.LJ.u..u Lla"...... l..J..Lv ;Jl..Gl.LUS U.l. a. Lvl.la.l.1L a sufferance and shall be subj ect to removal from said premises by ally summary dispossession . . procedures authorized by Georgia law;- 5. In no event shall Cap~tar Radio Operating Company a Delaware Corporation qualified to do business in the state of Georgia continue in possession after May 31, 2009, After that date, the location ofthe radio tow~r which is the subject of this Lease shall then conflict with the plans of the Augusta Public Works:Department for the improvement of said propeliy. 6. In witness whereof the said lessor and lessee have caused their corporate presents to be affixed hereto and the seals of ea'ch affixed by and through their duly authorized officers, in duplicate, this $rcL ciay of dil<j1ii: 2004. . LESSOR: 4.T :. l .i. ~ '1'( : 11 'A tJ1 tl "i ~ ~ J ~.~ ;,:,:;: LESSf.?:~, r l " ;. #4 ""-, ii-~.; :i.t\:f. .~.,:;'" \'h........... \\'1". .'" . .r.' '~ ..~()~.e-;". .-i;.:'"' ~~~ GEORG\~,,';:'$"7 ~'il.'.\~",-".:~,;:~$", F:\SHEPPARD\STEVE\CITYlclear channel. lease. DOC AUG~Rm~ . 21rMAYOR. ~ (j Capstar Radio Operating Company, Inc. 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