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HomeMy WebLinkAboutCOMCAST .'. I . " STATE OF GEORGIA ) ) ) LEASE AGREEMENT RICHMOND COUNTY THIS LEASE AGREEMENT, made this & day Ofi/l!/Ad:i006, by and between, AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting through the AUGUSTA UTILITIES DEPARTMENT, hereinafter referred to as "Lessor" and COMCAST OF GEORGIA/SOUTH CAROLINA, INC., hereinafter referred to as "Lessee"; WITNE S SETH: 1. Premises: The Lessor; for and in consideration of the rents, covenants, agreements, and stipulations hereinafter set forth, to be paid, kept and performed by the Lessee, does hereby lease unto the said Lessee, and said Lessee, and said Lessee hereby agrees to lease and take upon the terms and conditions which hereinafter appear, the following described property (hereinafter referred to as the "Premises"), a portion of the property at 1711 Brown Road (site of the 3M gallon elevated water tank), in Augusta, Georgia, sufficient for. the placement of a 12 foot by 24 foot building and generator pad. 2. Term: The term of this Lease shall begin on the 1st day January, 2006, and subject to the option to renew set forth below in this paragraph 2, shall end, on the 31st day of December 2009, at midnight, unless sooner terminated by either . Lessor or Lessee as. herein . . provided. Each party shall have the right to terminate this Lease at any time during the initial term or any renewal term for any reason upon 60 days advance written notice to the other party. If Lessee wishes to extend this lease beyond its four (4) year term, Lessee shall contact Lessor, at least sixty (60) days prior to the termination of the Lease, to negotiate terms. 3. Rental: Lessee shall pay to Lessor during the term of this Lease a yearly rental payment in the amount of $2400.00 (Two Thousand Four Hundred Dollars) payable in advance ,J " I . on the first day of the Lease term. 4. Use of Premises: The Premises shall be used for purpose of constructing, maintaining, and operating a broadband communications signal processing and transmission facility together with uses incidental thereto, including but not limited to an equipment (repeater) building, and the storage of materials associated with such operation and for no other purpose without the advance written consent of Lessor. The Premises shall not be used for any illegal purpose; or in any mannerto create any nuisance or trespass; or in any manner so as to invalidate the insurance or increase the rate of insurance on the Premises. The equipment building's location and design shall be approved by the Augusta Utilities Department, which approval has been granted.. Lessee shall provide for his own electrical power requirements, and any other utility Lessee may need. The design and the location, on Lessor's property, of any and all such utilities must be approved by the Augusta Utilities Department, which approval has been granted. The area around the Lessee's building must be landscaped to allow for rainwater runoff. The Lessee's building, and the surrounding area, must be kept in a neat and cleanly fashion. 5. Destruction of, or Damage to, Premises: Any damaged caused to Lessor's property by Lessee, its representatives, agents, contractors, or any other person or entity affiliated with Lessee, shall be the direct responsibility of the Lessee and Lessee will immediately cause said damage to be repairedand/replaced solely at its own expense. 6. Assignment and Subletting: Lessee may not sublease all or any portion of the Leased Premises or assign this Lease or any interest hereunder without prior written consent of the Lessor, which approval shall not be unreasonably witheld, conditioned, or delayed. Notwithstanding the foregoing, no approval shall be required for an assignment by Lessee to an 2 entity acquiring all or substantially all of Lessee's business or stock or for assignment to an entity controlling, controlled by or under common control with Lessee, provided that the Lessor has consented to the Franchise Agreement being assigned to such entity. 7. Signs: Lessee shall place no sign or signs upon Premises except with the written consent of the Lessor. Any and all signs placed on the Premises by Lessee with the consent of Lessor shall be maintained in compliance with rules and regulations governing such. signs and the Lessee shall be responsible to Lessor for any damage caused by installation, use, or maintenance of said signs, and Lessee agrees upon removal of said signs to repair all damages incident to such removal. 8. Repairs, Alterations and Additions: Any and all repairs, alterations and additions made to the Premises hereby leased by the Lessee, shall be and remain property of the Lessee, and shall be removed from the Premises, solely at the expense of the Lessee, within 90 (ninety) days of the expiration of the term of this Lease, or its termination. Lessee shall at its own expense repair any damage to the Premises which may result from said removal. Any alterations or additions to the Premises and any repairs, which may affect the physical appearance of the Premises, shall not be made without the advance written approval of the Lessor, which approval shall not be unreasonably witheld, conditioned, or delayed. Any.and all repairs, alterations and . . additions to the Premises shall be performed in a good and workmanlike manner using new materials and. equipment and in compliance with all safety codes and regulations.' In the event that any repairs, additions, alterations or improvements are made by the Lessee after obtaining the written consent of the Lessor through a contractor, the Lessee agrees that it will closely supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue or be filed against the Premises; and in the event that the Lessee hires laborers and lor 3 purchases material itself for the improvement of the Premises, it will promptly pay all charges for such labor and materials when the same b.ecomedueso that no liens will accrue or be filed against the Premises and no claim can be asserted against Lessorforsuch,payment., 'Lessor shall have the right to call upon the Lessee for a statement or other information concerning the payment of any contractor, laborerandlor materialman who may have furnished labor or materials for the improvement or the Premises and Lessee covenants and agrees that it will immediately give full information in regard to all such to the Lessor upon demand. 9. No Estate in Land: This contract shall create the relationship of Lessor and Lessee between the parties hereto and no estate shall pass out of Lessor. 10. Holding Over: DELETED PER ARC COMMISSION MEETING MARCB 21, 2006 1 L' 'Exculpation and Indemnification: The 'Premises,' are being leased to Lessee "as' , is", and Lessee accepts said Premises in its 'present condition and acknowledges that it has inspected the same and found the Premises to be suitable for its intended use. If any repairs to the improvements located on the premises covered by this Lease are required dllrii1gthe term of this Lease, the cost of same shall be paid by Lessee. IUs an express condition of this Lease " Agreementt4at, except when caused solely by its negligence, Lessor's, its officers, agents, and ,employees, shall be free from any and all claims, debts, demands, liabilities, or causes 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 invitees, licensees, agents, or employees, or any third 4 : '. . , persons, from any cause or causes whatsoever arising from any event or occurrence in' or upon the Premises or any part thereof or otherwise arising from Lessee's operations. 12. Rights Cumulative: All rights, powers and privileges conferred hereunder upon Lessor shall be cumulative but not restrictive to those given by law. 13. Service of Notice: Any notice, demand, request, approval, consent, or other commu~ication (hereinafter referred to as "notice"), which Lessor or Lessee may be required to permit to give to each other shall be in writing and shall be mailed in an official United States Post Office, certified or registered mail, return receipt requested, with adequate postage prepaid, or by nationally recognized overnight courier service, to the other party at the address as each party has designated in this Lease or shall have changed by proper notice in writing to the other. Such addresses areas follows: Lessor: AUGUSTA UTILITIES DEPARTMENT ATTN: STEVE LITTLE 360 BAY STREET SUITE 180 AUGUSTA, GEORGIA 30901 COMCAST OF GEORGIA/SOUTH CAROLINA, INC. 105 RIVER SHOALS PARKWAY AUGUSTA, GA 30909 Lessee: With a copy to: Comcast Cable Communications, LLC 1500 Market Street Philadelphia, PA 19102 Attn: General Counsel If notice is not an answer or reply to a previous notice from the other party, the time of rendition of such shall be the date when the receipt is signed, refused or returned unclaimed. If the notice is an answer or reply to a previous notice from the other party, the time of rendition of such shall be the three business days after the date postmarked by the United States Postal Service or the 5 .' I- . , next business day after being provided to a nationally recognized overnight delivery service. . a. Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state, and local environmental laws, rules, and regulations and Lessee shall be liable for all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, expert fees and reasonable attorneys' fees) which maybe incurred by, charged to or recovered from the foregoing (i), by reason or on account of damages to or destruction of the property of Lessor, or any property of, injury to or death of any person, resulting from or arising out of Lessee's use of the premises (except when such damages, destruction; injuries or death arise solely by reason of Lessor' s negligence), or (ii) arising out of the failure of Lessee to keep, observe or perform any or the agreements or conditions of this Agreement. Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Lessor or its insurer, and either Lessee shall defend or compromise same following notice from Lessor, then Lessor shall have the right to compromise and qefend the same to the extent of its interests, with all cost to be borne by Lessee. 14, Waiver of Rights: No failure of Lessor to exercise any power given it hereunder or to insist upon strict compliance by Lessee with any of its obligations hereunder alid no custom or practice of the Lessor at variance with the terms hereof shall constitute a waiver of Lessor's right to demand strict compliance with terms hereof. 15. Time of Essence: Time is of the essence of this Agreement. 16. Inspection by Lessor: Lessor, its authorized officers, employees, agents or representative shall have the right to enter upon the premises to make inspections during regular business house when a representative of the Lessee is present, or at any time in case of 6 .' ...... t .. emergency and/or to determine whether Lessee has complied with and is complying with the terms and conditions of this agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of the Lessee. 17. _ Taxes: Lessee shall pay all personal property taxes legally assessed against its equipment, furniture or other personal property located on the Premises. 18. Insurance: Lessee hereby agrees to maintain at all times at Lessee's expense, comprehensive general public liability insurance coverage of a minimum of $2,000,000.00 (two million dollars) for claims against bodily and/or property damage occurring in connection with the use and occupancy of the leased premises. L~ssee hereby agrees to also maintain at all times at Lessee's expense, Worker's Compensation Insurance. All policies including insurance - -- coverage required-to be maintained by Lessee-shall be issued by an insurance carrier or carriers, licensed to do business in the State of Georgia having an "A-" or better rating. Upon request, Lessee and Lessor thereof shall provide a certificate of all insurance required hereunder toithe other. 19. Open Records: The Lessee acknowledges that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia's Open Records Act (O.C.G.A & 50-18-70, et seq.). Lessee shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Lessee shall notify Lessor immediately of any request made under the Open Records Act and shall furnish Lessor with a copy of the request and the response to such request. 7 ~ . <. . .' 21. Venue: All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. _ The lessee, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court or Richmond County, Georgia. 22. Entire Agreement: This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either. party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with - the terms hereof. This Agreement may only be amended by writing signed by bothparties. 23. Breach: Upon the failure of Lessee to observe or comply with any of the provisions of this Agreement, which failure continues for thirty (30) days after Landlord gives Lessee notice there (or if such default is of such nature that it cannot be cured within thirty (30) days, if Lessee does not commence remedial action within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), Lessor may immediately terminate this Agreement and institute such actions necessary to recover. the property and evict Lessee. IN WITNESS WHEREOF, the parties hereto have causedthis-.Agreement-to be executed as of the day and year first above written. AUGUSTA, GEORGIA COMCAST OF GEORGIA/SOUTH CAROLINA. INC. ~ By: U~ JJ/f Deke S. Copenh'aver, Mayor BY~~ 8 ~ !. , \ . -1 ~ ....... . Atte~:cIk~ ~AS its: Clerk of Commission Sworn to and subscribed Before me thi~/~ay of ~. LlUa....Y 2006. 'cJ.l(Y.) , ~y~.L! /nmaa4 Notary bhc My Commission Expires: - Notary PUblic, Columbia ,counW? @t:Ob~a My COmmiSSion Expires A~g, l. ~ As its: q(\A Witness: Sworn to and subscribed before me this 2iL day of Fe .ruary 2006. My Commission expire My Commission Expires: March 12, 2007 .. 9