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HomeMy WebLinkAboutTower Broadcasting Corporation Augusta Richmond GA DOCUMENT NAME: -rClJ0et '6'<COdCcrs--nno Co'(\=Oy(tjt\cY) J DOCUMENT TYPE: ~~~~Jr YEAR: ~l BOX NUMBER: 0 ~ FILE NUMBER: \ ~ \ l\~ NUMBER OF PAGES: \'d AUGUSTA.RICHMOND COUNTY COMMISSION LARR Y E. SCONYERS Mayor ROOM 801 MUNICIPAL BLDG. (I I) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ,:w.'ILLIAM B. KUHLKE, JR. wM,,'''WILLIE'' H. MAYS. ill J. B. POWELL MOSES TODD ROB ZEITERBERG FREDDIE L. HANDY Mayor Pro Tern June 24, 1997 CHARLES R. OLIVER, P E, CPA Administrator JAMES B. WALL Attorney Ms. Lena Bonner Clerk, Commission 8th Floor, Municipal Bldg. Augusta, GA 30911 Reply to: P.O. BOX 2125 Augusta, GA. 30903 RE: Tower Broadcasting Corporation of Georgia Tower Renewal Agreement Civil Court Marshal's Department Dear Lena: I enclose herewith a fully executed copy of the original License Agreement between Tower Broadcasting Corporation of Georgia and Richmond County, which was approved by the Augusta-Richmond County Commission on April 15. Please place this in the permanent records. Thanking you and with best personal regards, I am Yours very truly, ~ James B. Wall/~ JBWjsjp Enclosure .' TO\VER BROADCASTING CORPORATION OF GEORGIA 809 NA VESINK RIVER ROAD LOCUST, NEW JERSEY 07760 LICENSE AGREEMENT This Agreement made this 1 st day of January, 1997, between Tower Broadcasting Corporation of Georgia, a Georgia corporation. having an office at 809 Navesink River Road, Locust, New'Jersey 07760, hereinafter referred to as "Licensor", and Richmond County Civil Court, Marshall's DElpertA'loRt, 6' corpor.Jtion 1:13'/ing its principJI effic8 at COLJnty Munioipal Building (II) f<Mffi 60S, Augusta, Georgia . 30911 hereinafter referred to as the "Licensee". ri f((' In consideration of the mutual covenants and obligations herein contained, Licensor and Licensee agree as follows: 1. LICENSE - Licensor hereby grants non-exclusive permission to Licensee to install, maintain, operate and remove only the communications equipment (the "Equipment") described in Exhibit "A" upon the premises ( the "Premises") described in Exhibit A. 2. REPRESENTATIONS - Licensee has visited -and inspected the Premises and accepts the physical condition thereof and acknowledges that no representations or warranties have been made to Licensee by either Licensor or the owner(s) (the "Owner(s)") of the Premises and/or the building upon which the Premises is situated (the "Building") as to the condition of the Premises or the suitability thereof for Licensee's use. Licensee is responsible for determining all aspects as to the acceptability, accuracy and adequacy of the Premises for Licensee's use. 3. INSTALLATIONS - Licensee shall submit to Licensor for Licensor's approval and the Owner(s)' review(if the Owner(s) so require), detailed written plans and specifications as to Equipment to be installed at the Premises. Licensor shall not unreasonably withhold such approval. The installation of Licensee's Equipment shall be performed in accordance with the Technical Standards set forth in Exhibit "B" (the "Technical Standards"). Licensee shall have the option of either engaging Licensor or contracting with another party to install on the Premises the Equipment described in Exhibit "A". In the event that Licensor performs said installation under a separate agreement between Licensee and Licensor, Licensee shall pay Licensor for all costs and expenses incurred by Licensor for such installation. In the event that Licensee wishes to contract with a third party (the "Third Party Installer") for such installation, Licensee must first obtain Licensor's written consent to such Third Party Installer, which consent shall not be unreasonably withheld. Any Third Party Installer must submit to Licensor a . certificate of insurance naming Licensor and the Owner(s) as additional insureds and protecting itself, Licensor and the Owner(s) against any and all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise out of or result, directly or indirectly, from its installation of Licensee's Equipment at the Premises. Such certificate of insurance must specifically indicate that the Third Party Installer has insurance specifically related to tower work if such installation involves a tower. Licensee shall agree to accept all responsibility and liability for any and all actions of any Third Party Installer. Licensor shall have the right to reject any Third Party Installer. Licensee's sole remedies in th~ event of such rejection by Licensor are to (i) seek Licensor's consent to a different installer or subcontractor, (ii) engage Licensor to install the equipment or (iii) void this Agreement by giving Licensor thirty (30) days written notice. Any such installation by a Third Party Installer shall be done in conformity with all applicable ordinances and codes and the Technical Standards, at the Licensee's expense and with the consent of and under the supervision of Licensor. All Third Party Installer crews must have in their possession an installation form issued to them by Licensor prior to the commencement of installation work, Licensee shall notify Licensor at least twenty-four (24) hours prior to the commencement of installation work by the Third Party Installer. The location at which the Equipment is installed will be determined by Licensor with consideration of the needs of Licensee and the requirements of the Owner(s), Except in the case that Licensor performs the installation thereof, Licensee shall be solely responsible for ensuring that its Equipment is properly installed. Licensor shall not be unreasonable in its requirements, said requirements being based on good engineering practices, space utilization and engineering quality control of the Premises, and the requirements of the Owner(s), The Licensee will 121890/VR/m:u.: 1/12197 IWM/js/032097 IWM/js Augusla. GA/J56, 150MHz la/renew/rl Augusta. rwl f: ternplate:TBCGASTD. dOl r utilize the existing electric circuits at the Premises. In the event that Licensee's' power 'requirements exceed the existing capacity or power distribution. it will be the Licensee's responsibility with the consent of and under the supervision of Licensor to increase the capacity to meet its needs, provided the Owner(s) consent to such increase in capacity. In the event the Owner(s) do not consent to such an increase in existing capacity within thirty (30) days after the date upon which such request is made by Licensor on Licensee's behalf, this Agreement shall automatically terminate without further liability between the parties. 4. INTERFERENCE - Licensee agrees to install Equipment of types and frequencies which will not cause interference to the currently-existing communications equipment of Licensor, other licensees or lessees of the Premises, or the Owner(s) or to the electronic equipment and/or television or radio reception of the Owner(s) and residents/tenants of the Building. In the event Licensee's Equipm~nt causes such interference, Licensee shall cooperate with Licensor in determining the source and will immediately take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within forty-eight (48) hours after receipt of notice from Licensor to Licensee of the existence of such interference, Licensee shall discontinue use of the equipment creating said interference (the "Interfering Equipment"); Licensee shall temporarily disconnect the electric power and shut down the Interfering Equipment (except for intermittent operation for the purpose of testing after performing any maintenance, repair, modification, replacement or other action for the purpose of correcting such interference). If such interference is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall remove the Interfering Equipment from the Premises. In the event that the cause of the interference cannot be pinpointed to a particular piece of equipment or system, Licensee shall disconnect the electric power and shut down all of its equipment until such time as the interference problem is corrected. If such interference is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall remove its Equipment from the Premises within an additional ten- (10-) day period. This Agreement shall then terminate without further obligation by either party, except with respect to those obligations then owing or past-due and except as may otherwise be specifically enumerated herein. Licensor shall not be liable to Licensee for any interruption of service of Licensee or for interference with the operation of Licensee's equipment. Licensee has satisfied itself and hereby represents and warrants to Licensor that no such interference shall result to the currently-existing equipment of Licensor, the Owner(s) or other licensees or lessees at the Premises, or to the electronic equipment and/or television and radio reception of the Owner(s) and residents/tenants of the Building. Licensee agrees to indemnify, hold harmless and defend Licensor and the Owner(s) against any claim or damage. including reasonable attorneys' fees. arising out of such interference. 5. COMPLIANCE WITH STATUTES AND REGULATIONS - Licensee's Equipment shall be installed, operated and maintained in accordance with the requirements and specifications of all laws, codes and regulations of all governmental bodies and agencies having any jurisdiction thereover and in compliance with any rules and/or orders now in effect or that hereafter may be issued by the Federal Communications Commission (the "FCC") or any other governmental body or agency. It is the Licensee's responsibility to know and conform to these laws, codes or regulations and to obtain all required permits prior to the date of installation of its Equipment. Prior to commencing installation of its Equipment at the Premises, Licensee shall provide Licensor with a copy of its license for the Equipment to be located at the Premises. 6. SERVICES BY LICENSOR - In the case that Licensor provides repair, technical. removal or other services (including but not being limited to legal or engineering services) directly or indirectly to Licensee, Licensee shall reimburse Licensor for its reasonable proportionate share (as determined by Licensor) of those expenses and costs incurred by Licensor in the provision of such services, such reimburseme'nt being made solely and directly to Licensor. 7. MAINTENANCE OF LICENSEE'S EQUIPMENT - Licensee shall, at its own expense, operate and maintain all Equipment it installs at the Premises in a safe condition, in good repair and in a manner suitable to Lice.nsor so as not to conflict with the use of the Premises by Licensor, the Owner(s)or any other licensees or lessees using the Premises. 1218961VR/mac f: template:TBCGASTD. dot 2 1/12197/WM/.isI032ll97/WM/.is Augusta. GAil 56. 150MHz talrenew/rl Augusta. rwl 't; 8. LIABILITY FOR LICENSEE'S EQUIPMENT - Equipment installed by Licensee shall remain personal to Licensee. Licensee agrees that neither Licensor nor the Owner(s) shall bear responsibility for 7t or act as a guarantor of Licensee's Equipment, the security thereof or the services provided thereby. . Licer\!~;ee agreea that it lihsll indt5mnify :md hgld h:ilrml@~~ Licensor ::lnd the O.tmor(t:) from and against f ~ :my claima or demands mElde by sny party ssserting Elny clElim or demand gn aYCh basis or bat:oG. /' , 9. ACCESS - Licensee shall have access to the Premises for the purpose of installing, operating, inspecting, servicing, maintaining, repairing and removing its Equipment between the hours of 9 A.M. and 5 P.M., Monday through Friday, except in the case of emergencies, in which case access will be permitted at any time of day subject to the reasonable security, safety and identification procedures required by the Owner(s). Licensor further grants to Licensee a right of access to the areas where Licensee's connecting equipment is located for the purposes of installing, operating, maintaining, and repairing same. Only authorized engineers, employees, contractors, technicians, Third Party Installers, subcontractors and agents of Licensee, FCC inspectors, or persons under Licensee's direct supervision, will be permitted to enter the Premises. and only for the purposes of installing, operating, removing, servicing, repairing, inspecting or maintaining Licensee's Equipment. 10. TERM - This Agreement shall become effective upon the date written above (the "Commencement Date"), and shall continue in effect for a term of one (1) year, unless otherwise terminated in accordance with the provisions of this Agreement. 11. LICENSE FEE - Licensee shall pay for the use of the Premises the annual license fee specified in Exhibit "A", payable in monthly installments of one- twelfth each, in advance, on the 1st day of each month during the term hereof, and all renewal terms, commencing on the Commencement Date of this Agreement as provided in Paragraph 10 . In the event the Commencement Date is not the 1 st day of the month, the license fee for such month shall be apportioned. All license fee payments will be made to Licensor at its address as provided in Exhibit "An and shall be paid on the date due without notice and without abatement, deduction or set-off. In addition, the Licenseo shall deposit with Licensor a no interest security deposit equal to two months' license fee paymont. This doposit shall be refunded to Licensee upon the termination of this Agreement, provided there is no outstanding indebtedness of Licensee to Licensor. r? 12. the Owner(s) agal any and all claim~, demands, actions, judgments, costs, expenses and Ii . Ities which may arise out 0 esult, directly or indirectly, from Licensee's use of the Premises cept such liability as shall arise in w out of or result in whole from the negligence of . ensor or of the Owner(s). The amounts of such in ance against liability due to damage to pr dollars ($1,000,000) as .to anyone occ ence and against liability due million dollars ($1,000,000) as to anyone son and one millio occurrence. Licensee shall also carry such in workmen's compensation laws in effect that may hereunder shall remain in force for the entire life Licensee shall, durin erm of this Agreement, inclu any renewals and any holding- over thereafter, provide to Lic or current certificates of insurance eviden' that such insurance is in full force and effect, na Licensor andOwner(s) as additional insureds and is ncancellable without at least ten (10) written notice to Licensor and Owner(s). The certificates of ins ce as required herein mus presented to Licensor within 10 days of the Commencement Date of this Ag ment and ~ on e anniversary date thereof during the term of this Agreement, including any renewals ~Li c.e.-\'\S-t.e... i 5 '6~ \ ~. ; l"\ ~u.('~c\. J \ 1.3. RIGHTS TO EQUIPMENT - During the term of this Agreement, provided that Licensee is not in default hereunder, neither Licensor nor Owner(s) shall claim any interest in, make claim to, or assert any right to the Equipment installed by Licensee. Provided Licensee is not then in default of this Agreement, Licensee may, at its election, have its Equipment removed on or before the expiration or termination of this Agreement, provided that Licensee shall repair any damage caused by said removal. ~ 121 896/VR/mac f: template:TBCGASTD. dOL 3 1/12/97/WM/js/032097/WM/js Augusta, GA!l56.150MHz taJrenew/r/ Augusta. rwl .J -; In the case of. damage to the roof of the Building and/or Premises, Licensee agrees to 'engage such roofing contractor as the Owner(s) may require to perform the necessary repairs, such repairs being paid for by Licensee. Any of Licensee's property remaining on the Premises thirty (30) days after the expiration or termination of this Agreement shail become the property of Licensor, free of any claim by Licensee or any person claiming through Licensee. At the termination or expiration of the Agreement, Licensee agrees to restore the Premises to its original condition excepting only reasonable wear and tear thereof. 14. HOLDING OVER - Any holding over by Licensee after the expiration of the term hereof without the written consent of Licensor shall be construed as a tenancy at sufferance, subject to all of the provisions of this Agreement and at twice the monthly license fee prevailing in the last month of the term hereunder, including any renewals thereof and increasing at the same annual rate as provided in Exhibit "A". At all times during any holdover period, Licensor shall have the unilateral right to terminate this Agreement and to remove Licensee's equipment. 15. Licensor and the Owne nd the employees, agents and contractors of each, har rom and ~ against any and all claims and s for damages to property and .. or death to persons, including any payments made under any w . aw or any plan for employees' disability and death benefits, which may arise caused by the installation, operation, '/v- maintenance, presence, use or remo Icensee's Equipment in ut the Premises, or by any act/, of Licensee or Licensee' s on or in the vicinity of the Premises descn eunder, except as said claim and may wholly be the result of the negligence of Licensor or the 0 16. REPAIRS - In addition to the repairs referred to in Paragraph 13 of this Agreement, Licensee shall be required to repair any damage to the Premises and/or the Building which result from or arise through the use and/or operation of its Equipment at the Premises and/or the acts or negligence of Licensee, its agents, servants, contractors and/or employees. Said repairs shall be accomplished in a manner suitable to Licensor and/or the Owner(s) and shall be performed by a contractor acceptable to Licensor and/or the Owner(s). 17. IMPROVEMENTS TO PREMISES - Licensor reserves the right to utilize improvements in technology or management techniques which will provide for better management and utilization of space and capacity of the Premises. Examples of improvements might be (but are not limited to): use of combiners, special antennas, etc. Licensor has the right to require the Licensee to incorporate these improvements into such systems as Licensee has installed and is operating at the Premises in the interest of improving the Premises, the allocation and/or configuration of equipment thereon, or the capacity, efficiency and capability thereof. The Licensee shall, within ninety (90) days of its receipt of Licensor's written demand thereto, either (i) incorporate the improvements or (ii) give written notice of its intention to terminate this Agreement upon the expiration of thirty (30) days from the date of receipt of such notice by Licensor. In no event shall the cost to Licensee related to these improvements, exceed two thousand dollars ($2,000.00) during the term of this Agreement. 18. COORDINATION OF OPERATION - Licensor shall make reasonable efforts to give to Licensee reasonable advance notice (except in the case of emergency where advance notice cannot reasonably be given) of any planned shut downs for scheduled routine maintenance and of repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Premises which might materially affect the operation of the Licensee's facilities and Equipment. Licensor shall make reasonable efforts to minimize inconvenience, possible loss and/or expense to Licensee arising therefrom, but shall not be liable. to Licensee or any of Licensee's customers for any such inconvenience, loss and/or expense thereby suffered by Licensee and/or Licensee's customers. 19. ELECTRICITY - The electricity consumed by Licensee's Equipment shall be an expense to Licensee. Licensor will compute or meter the cost of said elecfricity and shall on a monthly basis bill 12 I 896/VR/mac f: template:TBCGASTD. dot 4 I I 12197 IWM/js/032097 IWM/js Augusla, GA/156.150MHz tal renewl rl Augusta. rwl Licensee at cost. Licensor shall provide Licensee with the mathematical basis for such billing, if requested to do so by Licensee. 20. CASUALTY - In the event there is a total destruction of the Premises by fire or other casualty (collectively, a "Casualty") and the Premises cannot, in Licensor's estimation (which estimation shall be made within ten (10) days from the date of such Casualty), reasonably be restored within ninety (90) days from the date of Casualty, or Licensor chooses not to undertake such restoration, this Agreement shall automatically terminate upon the expiration of the ten (10) day period from the date of Casualty, unless the parties otherwise agree. In the event of damage to the Premises by Casualty comprising less than a total destruction thereof, Licensee may terminate this Agreement upon thirty (30) days written notice to Licensor if Licensor (i) chooses not to undertake, (ii) has not completed, or (iii) cannot reasonably be expected to complete the restoration of the Premises within three (3) months from the date of such Casualty. If any Casualty shall occur during the last year of the term of this Agreement and any renewal term thereof, Licensee may terminate this Agreement upon thirty (30) days written notice to Licensor provided such notice is given within sixty (60) days after the date of such Casualty. 21. CONDEMNATION - In the event the Building. the Premises, or any significant portion of either is condemned or is otherwise subjected to a taking by any governmental authority exercising the power of eminent domain, unless Licensor and Licensee are permitted to continue their operations at the Premises, this Agreement shall terminate as of the date upon which Licensor and/or Licen.see are required by the governmental authority to cease their operation(s) at the Premises. Licensee shall be entitled to seek its own award against the governmental authority only if such award will not result in a diminution of Licens'or's award. 22. DEFAULT - In the event Licensee shall fail to comply with any of the provisions of this Agreement, including the specifications set forth in Exhibit "An and the Technical Standards, or shall default in any of its obligations hereunder, Licensor may, at its option, immediately terminate this Agreement provided Licensor has given Licensee written notice of such default and Licensee has failed to cure the same within twenty (20) days after receipt of such notice. Where, in Licensor's sole judgment, such default cannot reasonably be cured within such twenty (20) day period, the time for curing such default shall be extended by Licensor for such period of time, not to exceed sixty (60) days, as may be necessary to complete such curing if Licensee shall proceed promptly to cure the same and pursue such curing with due diligence. Licensor will not, except in an emergency, undertake to cure any default by Licensee until after the expiration of Licensee's time to cure such default as provided hereinabove. Licensee shall reimburse Licensor for any expenses incurred by Licensor in curing any default of Licensee. In the event the default is non-payment of the license fee by Licensee, Licensor will give notice to Licensee via hand delivery, overnight mail or Certified United States Mail of non-receipt of payment. In the event, Licensee fails to make full payment of the license fee then due within fifteen (15) days from the date of delivery of such notice to Licensee, Licensor shall have the automatic right to disconnect, remove and store the Licensee's Equipment. All costs and expenses incurred by Licensor in connection with such disconnection, removal and storage shall be reimbursed by the Licensee. Such reimbursement by Licensee shall not relieve the Licensee of its obligation to pay the license fees in default and any additional expenses incurred by Licensor in connection with the collection thereof. The rights and remedies of Licensor described in this Paragraph 22 and elsewhere in this Agreement are not exhaustive and are in addition to any other rights or remedies that may exist now or in the future, at ,awcfd or equity. Licensee shall indQmnify, rQIQasQ, dQfQnd and hold licQnsor arid the Ovmer(s) harmless against all lossos, costs (inclY9ing reasonable attorneys' fQ€ls) , damagQs, expeFlses, claims, {fomamls 9r fA^ Uabilities arising Oyt of Qr CEluSQd by, or ElIIQged to ha"e arisen out gf or been CaYSe9 sy the disconnection or r€lmo'/al by LicQngor of LicQm;QQ'g EquipmQnt or for impJirmont or intorrupticm of Licerlsee's service or GFlerati9r1 p6Jrsyant to this Paragraph 22. 23. CONTROVERSIES - Subject to the provisions of Paragraph 22 of this Agreement, and in the event the amount in controversy or claimed as damages is less than twenty-five thousand dollars ($25,000), all controversies relating to, in connection with, or arising out of this Agreement, its 12 1 89o/VR/mac f: tern plate: TBCGASTD. dot 5 I I 12/97 IWM/js/032097 IWM/js Augusta. GA/l5o.150MHz tal renewl rl Augusta. rwl modification, making or the authority or obligations of the signatories hereto, and whether' involving the principals, agents, brokers, or others who actually subscribe hereto, shall be settled by arbitration conducted under the auspices of the American Arbitration Association (the "AAA"). The arbitration proceeding shall be held in Edison, New Jersey and governed by one arbitrator of the AAA under the applicable rules of the AAA (the "Ruies") as they exist at the time of the arbitration. The cost for same shall be in accordance with the aforementioned Rules. Except as noted above, arbitration is the sole remedy hereunder, and it shall be held in accordance with the law of New Jersey. All notices in reference to arbitration or enforcement shall be deemed given if transmitted as required by the aforesaid rules. In the event the amount in controversy or claimed as damages is equal to or greater than twenty-five thousand dollars ($25,000), the party making demand for same shall have the option of either making demand for arbitration with the AAA or commencing an action in or seeking relief from the appropriate court having jurisdiction over the subject matter and parties. Any demand or notice to either party with regard to arbitration shall be sent to the other party via certified U.S. mail addressed to the parties listed in Exhibit "A". 24. ENTIRE AGREEMENT/SEVERABILITY - This Agreement, including the exhibits attached hereto, embodies the entire agreement between the parties with respect to the subject matter. It may not be modified, amended or terminated except as provided herein or by other written agreement between the parties. If any provision herein is deemed invalid, it shall be considered deleted from this Agreement and shall not serve to invalidate the remaining provisions of this Agreement. 25. MODIFICATIONS - Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by an authorized representative of both parties. 26. PARTIES BOUND BY AGREEMENT - Subject to the provisions hereof, this Agreement shall extend to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. 27. ASSIGNMENT - Without Licensor's written consent, Licensee shall not have the right to assign this Agreement, or to sublicense all or any part of its rights and obligations hereunder. 28. NONDISCLOSURE -' Licensee agrees not to disclose, without the written consent of Licensor, any of the terms of this Agreement or any other written agreement between the parties relating to the license privileges granted herein, except as required by governmental authority, in which case Licensee shall inform Licensor prior to divulging such information. 29. THE OWNER(S) - Except as authorized by Licensor or with regard to the seeking of access to the Premises or as otherWise permitted within this Agreement, Licensee agrees that it shall hav~ no direct contact with and shall not discuss matters relating to the subject matter of this Agreement or the rights granted hereunder with the Owner(s). 30. AUTHORITY TO SIGN - Licensor and Licensee each represent that the respective signatories of this Agreement presently have and shall maintain full authority to enter into this Agreement and to bind and obligate their respective organizations to the terms, rights and obligations under this Agreement. 31. NOTICES - All notices sent pursuant to this Agreement shall be in writing and shall be sent to the other party by either hand delivery or overnight mail or via, Certified U.S. Mail, return receipt requested, addressed to the parties listed in Exhibit "An. 121896/VR/mac f: lemplate:TBCGASTD. dot 6 1/12/97/WM/js/032097/WM/js Augusta. GA/156.150MHz tal renewl rl Augusta. rwl .' IN WITNESS WHEREOF, the parties hereto have set their hands and seals this date. ACCEPTED BY: LICENSEE PRI TN TITLE: -W1o/tiL ~ DATE: -' g- ATTEST... .: ~ PRINT NAME: SII"Io P. Mall acc.ini TITLE: Presldelll i/'+/4'+- erN!" i d 4/dr '" I DATE: ATTEST: " " 121896/VR/mac f: template:TBCGASTD. dot 7 II 12/97/WM/js/032097 IWM/js Augusta; GA/156.150MHz Wrenew/rl Augusta. rwl EXHIBIT "A" Call Sign KVY 931 One Transmitter licensed by the FCC to operate on 156.150 MHz. One Receiver licensed by the FCC to operate on 156.150 MHz. One transmission line connecting between the transmitter/receiver and the transmit/receive antenna, _ " in diameter. Effective Radiated Power radiated by the transmit antenna will be 324 watts. Licensee will be installing the following antenna(s): .~, .J..l" ~' Quantity 1 ~: Type TXJRX Make Model No. Size Height Diameter One Base Station, model no. C73MHB1145 22" width 32" height 6" length, manufacturer Motorola, power output 100 watts, with accessories, not to occupy more than four (4) square feet of floor space; mechanical and electrical hardware, cabinets enclosures and other miscellaneous material needed by Licensee to install, protect and maintain the above equipment. Premises: Equipment Location Area 2400 Barton Chapel Road Augusta, Georgia The annual license fee is hereby agreed to as One Thousand Eight Hundred Twenty Four Dollars ($1,824.00 ) per year for the initial term of this Agreement. At each anniversary of the Commencemont . '. . " ~ The license fee shall be paid in monthly increments, equal to one-twelfth of the annual license fee, in advance. In order to prepare this site to accommodate the Licensee's equipment, Licensor provided site preparation service including electrical and/or air conditioning and/or structural and/or engineering services. The cost to Licensee for these services is N/A at this site. This non-refundable amount is due and payable with Licensee's acceptance and submission of this Agreement for Licensor's execution. Notices To: l,.icensor: Tower Broadcasting Corp. Of Georgia 809 Navesink River Road Locust, New Jersey 07760 Attention: Mr. William J. Marraccini Licensee: Richmond County Civil Court, Marshall's Dept. County Municipal Building #11 Augusta, Georgia 30911 Attention: Mr. mes B. Wall (LiCenSee~ (Licensor) Lei)) Licensee Sign: Acceptance of Exhibit "A" Licensor Sign: Acceptance of Exhibit "A" I21896/VR/mac f: template:TBCGASTD. dOL 8 l/ 12/97/WM/js/032097/WM/js Augusta. GA/156.150MHz Wrenew/r/ Augusta. rwI " EXHIBIT "B" TBC Site Technical Standards I. General 1) All installation crews must have in their possession an installation form issued to them by TBC prior to work beginning. 2) You must notify TBC at least twenty-four (24) hours prior to install date, so TBC can arrange for access. The following will not be permitted at the antenna site without the written consent of TBC which will not be unreasonably withheld: 1) 2) 3) 4) Any equipment without FCC type acceptance. Change in operating frequency(ies). Open rack mounted receivers and transmitters. Relocation of equipment after installation. II. Radio Frequency Interference Protective Devices 1) 30-76 MHz Isolators-minimum of 30dB TX cavity-minimum of 20dB rejection at +/- 1 MHz 2) 130-174 MHz Single Stage Isolators-minimum of 30dB TX cavity-minimum of 25dB rejection at +/- 1 MHz 3) 406-512 MHz Single Stage Isolators-minimum of 30dB TX cavity-minimum of 25dB rejection at +/- 1 MHz 4) 800-1000 MHz Single Stage Isolators-minimum 30dB TX cavity-minimum of 20dB rejection at +/- 5 MHz .. Harmonic Filters are also required with single or dual stage isolators. III. Antenna and mounts must be: 1) Mounted only on approved side arms or other specified mount and only one per mount unless authorized by TBC. 2)' All mounting hardware must be hot dipped galvanized or non-corroding metal. 3) Tagged with weatherproof labels showing manufacturer, model, frequency range, . and owner. 4) Grounded at (1) tower mount (2) base of tower and (3) cable port entry. 12 I 896/VR/mac f: lemplale:TBCGASTD. dOL \) 1/ 12/97 /WM/js/032097 /WM/js Augusta, GA/156.150MHz ta/renew/r/ Augusta. rwl 5) < . COAnections to be taped with stretch vinyl tape (Scotch #33 or equivalent) Skotchkoted (including pigtails). 6) 7) Antennas with corroded or oxidized elements must be repaired or replaced. Unless otherwise authorized by TBC , all antennas must be enclosed in fiberglass radomes. 8) Mounting pipes must be cut such that they do not extend into the antenna radiating element. 9) Any rusted, corroded or damaged hardware must be replaced. IV. Tower 1) 2) No welding or drilling of any Tower members will be permitted. Installation work shall be done only by authorized and approved TBC contractors having proper insurance and experience. V. Cable 1) All antenna lines to be jacketed heliax or (equivalent), 1/2" or greater. Cable size must conform to agreement technical specifications. 2) 3) No kinked or cracked cable. Any cable fasteners exposed to weather must be nylon ultraviolet resistant type or stainless steel when installed on tower. 4) All transmit interconnecting cables/jumpers must be solid copper outer conductor (1/2" superflex or equivalent), not to exceed 8' in length where practical. 5) All used and unused lines must be tagged at both ends showing termination points. 6) Where no troughs or cable trays exist, all cable must be secured at not less than 3' intervals. 7) All transmission lines must be grounded immediately before making the bend under the waveguide bridge with professional grounding kits made specifically for this purpose. 8) All antenna cables must be secured to existing uni-strut or cable trays when provided, using metal clamps designed for 1-5/8", 1-1/4", 7/8" and 1/2" cable. No wire ties or Nylon straps. 9) Drip loops shall be incorporated in the runs to prevent water from trickling down the lines into the building. VI. Connectors 1) Must have Teflon inserts, UHF or N type, including chassis/bulkhead connectors. 121896/VR/mac f:template:TBCGASTD. dot 10 1/12/97 IWM/js/032097 IWM/j s Augusta, GA/156.150MHz wrenew/rl Augusta. rwl .} . . 2) . Must be properly fabricated (soldered if applicable) if field installed. Crimp connectors are not acceptable. VII. Receivers 1) 2) No RF pre-amps permitted in front end unless authorized in writing by TBC. All chassis shields must be in place. VIII. Transmitters 1) Must meet original manufacturer's specifications. 2) 3) All chassis must be in place. Must be tagged with USER's name, equipment model, serial number, and operating frequency(ies). 4) 5) All power amplifiers must be shielded. Photocopy of FCC license must be enclosed in protective plastic cover and attached to front of transmitter cabinet. IX. Cabinets 1) 2) 3) Must be grounded to building ground system. All doors must be on and/or closed. All unused non-original holes larger than 1" must be covered with copper screen or solid metal plates. X. Installation Procedures 1) Installation may take place only after TBC has approved of the date and time, and only during normal working hours unless otherwise authorized in writing. 2) TBC installation form must be completed and faxed back to our office at 908-417-1026 promptly upon completion of installation. XI. Miscellaneous 1) 2) 3) All installations must be maintained in a neat and profe1isional manner. Doors to equipment and antenna spaces shall be closed and locked at all times. Access to equipment and antennas shall be by authorized personnel only, and only for purposes of installation, removal, service or maintenance. XII. Interference DiaQnosinQ Procedures 1) All users must cooperate in a timely fashion with TBC when called upon to investigate a source of interference, whether or not it can be conclusively proven that their equipment is involved. 121896/VR/mac f: template:TBCGASTD. dot II 1/12/97 IWM/jsl032097 IWM/j s Augusta. GA/156.150MHz ta/renew/rl Augusta. rwl