HomeMy WebLinkAboutTower Broadcasting Corporation of Georgia
Augusta Richmond GA
DOCUMENTNAME lOuJCY" '13vrxuJcasftrYJ torpomtion
Df Grw v:J iCL
DOCUMENT TYPE: ~ veernen +-
YEAR: Jg~~)
BOX NUMBER: 9'
FILE NUMBER: J 31 J 3
NUMBER OF PAGES:
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TOWER BROADCASTING CORPORATION OF GEORGIA
809 NA VESINK RIVER ROAD
LOCUST, NEW JERSEY 07760
LICENSE AGREEMENT
This Agmement made this 1 st day of January, 1998, between Tower Broadcasting Corporation of
Georgia, a Georgia corporation, having an office at 809 Navesink River Road, locust, New Jersey 07760,
hereinaftel" referred to as "Licensor", and Richmond County, a governmental agency having its principal
office at County Municipal Building Room 105, Augusta, Georgia 30911, hereinafter referred to as the
"Licensee",
In considmation 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 acknowladges 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 LicensHe'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. Prior to installing
its equipment at the Premises, Licensee shall, at its sole cost and expense, have a structural analysis of
the tower done to determine whether the tower can support Licensee's installation. The installation of
Licensee's Equipment shall be performed in accordance with the Technical Standards set forth in Exhibit
"B" (the "Technical Standards"). Licensee must first obtain Licensor's written consent to any 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..expt~nses, and liabilities which may <!d.~ out,91.$!!...~JliJ.,.~'I:.or indir~~trQmjtsjnstallation of-",---, .~,-.'
Licensee's Equipment at the Premises. Such certificate of insurance must specifically indicate that the
Third Part)' Installer has insurance specifically related to tower work if such installation involves a tower,
Licensee ~;hall agree to accept all responsibility and liability for any and all actions of any Third Party
Installer. ~icensor,shall have the right to reject any Third Party Installer, Licensee's sole remedies in the
event of Huch rejection by Licensor are to (i) seek Licensor's consent to a different installer or
subcontrac:tor, or (ii) 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). 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 utilize the existing
electric cir:uits 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
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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 Equipment
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 "Interfl~ring 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
maintenanGe, repair, modification, replacement or other action for the purpose of correcting such
interfereno~). If such interference is not corrected within thirty (30) days after receipt of the aforesaid
notice, licEmsee 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 interfemnce with the operation of licensee's equipment.
Licensee has satisfied itself and hereby represents and warrants to Licensor that no such
interferencf~ 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 inte!rference.
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<':"lt'is,tae-lice~~.;:.. .;.., ;.~: _"_
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) (If those expenses and costs incurred by licensor in the provision of such services, such
reimbursement 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 Licensor 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,
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
or act as a guarantor of Licensee's Equipment, the security thereof or the services provided thereby,
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liO.RO.. E1gre.. I~.l It .~.II I...mAIty OR. ~.I. ~orr"I".. liCon'.' 'old the OW."'(3) lrem 0.. ogol.,1 ~.- AJf.I'--
JRY ~IJiFRE: sr 98FR~Rdi FRJ99 BY aAY I'lar:t?/ JE:S9rtiA~ SRY elaiFFl er seFFl8Rs eA SbJeR Basis er susee. I}'
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
AM. 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 1st 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 "A" and shall be paid on the date due without notice and
without abatement, deduction or set-off. In adeitioA, the licensee sh:lll def)osit with Licensor a no interect
security dCiposit oEll::l:l1 t8 p.o.-o months' licom:e fee ",aymoAt. TRis c:lol'losit shall be refl;Jnded to LiceRE:oo
upon the tormin:ltion of this AgjlreemoRt, I'lrovidee there is no ol::ltst3nding indobtednecs of LiGensee to
Licencor.
12.
Owner(s) agains and all claims, demands, actions, judgments, costs, expenses and liabiliti
may arise Jut of or re directly or indirectly, from Licensee's use of the Premises, exce
as shall arise in whole out r result in whole from the negligence of Licensor or
amounts (If such insurance ag' t liability due to damage to property s e one million dollars
($1,000,000) as to anyone occurren nd against liability due to inju death of person one million
dollars ($1 ,000,000) as to anyone person a one million dollars ,00,000) as to anyone occurrence.
Licensee shall also carry such insurance as; . prate . froro...alJ C'.bimc: und~}t..W.OLIs~~"_
compensation laws in effect that may be applicable t ensee. All insurance required hereunder shall
remain in force for the entire life of this Agreeme .
Licensee shall, durin term of this Agreement, inclu any renewals and any holding-
over thereafter, provide to Li or current certificates of insurance eviden that such insurance is in
full force and effect, na icensor and Owner(s) as additional insureds and is n ancellable without at
least ten (10) da ' ritten notice to Licensor and Owner(s). The certificates of insu ce as required
herein mu~' presented to Licensor within 10 days of the Commencement Date of this A ment and
~~niVerSary ~ate thereof during the term of this Agreement, including any renewals any
J{' ~~ , r . '''''''~ .
13. RIGHTS TO EQUIPMENT - During the term of this Agreement, provided that Licensee is
not in defalJlt 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.
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.
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Any of Licensee's property remaining on the Premises thirty (30) days after the expiration or
terminatior of this Agreement shall 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 ot-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 and the employees, agents and contractors of each, har om and cf
against any and all claims and for damages to property and inju 0 persons, including
any paymeints made under any workmen s nsation law p an for employees' disability and
death bene,fits, which may arise out of or be caus allation, operation, maintenance, presence,
use or rem:>val of Licensee's Equipm . a out the Premises, act of Licensee or Licensee's
agents on or in the vici . e Premises described hereunder, except as im or demand may
Wh~ of the negligence of Licensor or the Owner(s) or the employees, agen ntractors
of .
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 throu!~h 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 C1nd capability thereof. The Licensee shall, within ninety (90) days of its receipt of Licensor's
written derhand thereto, either (i) incorporate the improvements or (ii) give written notice.oLits..~nteRtiQ~toll"l-Ic'" ~;.t.-:..c.
terminate this Agreement upon the expiration of thirty (30) days from the date of receipt of such notice by
Licensor. !n 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 masonable 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 electricity and shall on a monthly basis bill
Licensee a.t 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
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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
comprisin9 less than a total destruction thereof, Licensee may terminate this Agreement upon thirty (30)
days writtEm notice to Licensor if Licensor (i) chooses not to undertake, (ii) has not completed, or (iii)
cannot rec:sonably be expected to complete the restoration of the Premises within three (3) months from
the date o.r 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 Licenso;" 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 Licensee 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
Licensor'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 UAU 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 €'xpiration 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 Liceosee~ Licens..oc...s.baJL~e- 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 cf 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 law or equity. cr
biQeFl~ge gi:l311 iFlQ9Fr:\r:lify, n~19J~g, Q9f9RQ aRe Rels LisaRser aAa tl'ls O'A'Aer(s) l'larA'lless agsiAst 8111es8e5,
essts (iAsluaiAg FoaseAaBle a~eFAoys' feas), ElsFRages, S)(~eABeS, elaiFREl, ElSFR8A8S ar liaBilities aFisiFlg al:lt
of Sf eSl:Isca BY, sr alleges te Rava ariseR al:lt af ar BeeFl sJl:lsee BY tRa ei~QaFlFlg~tigr:l gr f'il:r:lo"il by
LieeAser sf LieeAsee'e Et:1l:1i~FReF'lt sr fer ifl'll9sirA'leRt sr i"terrl:ll5tio" of liG~n!(;l;'3 3CP'II ice or ol5ueti6f'. J.-f^-
191:1fSl:IBAt to tRi~ PaFagr:;ll3R 2J. , I
23. CONTROVERSIES - Subject to the provisions of Paragraph 22 of this Agreement, and in
the event ':he 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
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 UAAAU). 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 "Rules") as they exist at the time of the arbitration. The cost for same
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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 E!Vent 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 clrbitration 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, err bodies 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 sHrve 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 lice~1se 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 have 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).
..... ". \.
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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 othl~r party by either hand delivery or overnight mail or via Certified U.S. Mail, return receipt
requested, addressed to the parties listed in Exhibit "AU.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this date.
ACCEPTED BY: LICENSEE
R~'Chmo dt:lnty
BY:
P NT NA
BY'
'RINT NAME:<;; U;~
TITLE: ~fC. \). ~ .
DATE: ~-2.3-l1~
ATTEST (~S f\; . t;t~
'nlII document apprllud as
~1lCy.nd ~;,
i'Z,cf Q
ey ate
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: ~
EXHIBIT "A"
Call Sign KTG559-KTG560
One Transmitter licensed by the FCC te eperate en 460.250 MHz.
One Receiver licensed by the FCC te eperate en 465.250 MHz.
One transmissien line connecting between the transmitter and the transmit antenna, 1~" in diameter.
One transmissien line cennecting between the receiver and the receive antenna, Y:z" in diameter.
EffeGtive Radiated Pewer radiated by the transmit antenna will be
watts.
Licensee will be installing the fellewing antenna(s):
Quantity Type Make Model No. Size Height Oiameter
1 TX Decibel DB 809 11 ' 2.5"
Quantity Type Make Model No, Size Height Diameter
1 RX Dish .75m
One Ba~;e Statien, medel ne. B94CB, 24" width, 72" height, 22" depth, manufacturer Meterola, pewer
eutput 150 watts, with accesseries, not to eccupy more than feur (4) square feet ef fleer space;
mechanical and electrical hardware, cabinets enclesures and ether miscellaneeus material needed by
Licensee to install, pretect and maintain the abeve equipment.
Premises: equipment lecatien area
. 2400 Barten Chapel Read Tewer# 1 /?jA_
Augusta, Geergia I 7
The annual license fee is hereby agreed te as Three Theusand Eight Hundred Eighty Nine Dellars and (
Sixty Eight Cents ($3,889.68) per year fer the initial term ef this Agreement. At eash :InFlivors3ry af tho
Commencement Date of thil:: .^.greemel1t, the al1Fl~al Iicemje fee figl::lre ",:ill 3l:JtematiG311y iFlcrCl3l::e by fivo
porcel1t (5C~ The license fee shall be paid in menthly increments, equal te ene-twelfth ef the annual
license fee, in advance.
In erder te prepare this site te accemmedate the Licensee's equipment, Licenser previded site
preparatien service including electrical and/er air conditiening and/er structural and/er engineering
services. The cest te Licensee fer these services is N/A at this site. This nen-refundable ameunt is due
and payable with Licensee's acceptance and submissien ef this Agreement fer Licenser's executien. . : "'_
.... .......,,""_...... l ,. . . . -... .... . ...;-.~........~..... _
Netices Te: Licenser:
Tewer Breadcasting Cerp. Of Geergia
809 Navesink River Read
Lecust, New Jersey 07760
Attentien: Mr. William J. Marraccini
\Mth a cepy te:
Veronica Renan, Esq.
Licensee:
Richmend Ceunty Civil Ceurt
Ceunty Municip Building Reem 105
Augusta, Ge gi 30911
Attentien. r. rry
(Licensee)~ ~
(Licenser) c;r
Licensee Sign: Acceptance ef Exhibit"
Licenser Sign: Acceptance ef Exhibit"
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EXHIBIT "B"
TBe 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 +/-
5MHz
* 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)
3)
All mounting hardware must be hot dipped galvanized or non-corroding metal.
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.
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, . .
5}
6}
7}
8}
9)
IV,
1 )
2}
Connections to be taped with stretch vinyl tape (Scotch #33 or equivalent)
Skotchkoted (including pigtails).
Antennas with corroded or oxidized elements must be repaired or replaced.
Unless otherwise authorized by TBC , all antennas must be
enclosed in fiberglass radomes.
Mounting pipes must be cut such that they do not extend into the antenna
radiating element.
Any rusted, corroded or damaged hardware must be replaced.
Tower
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} No kinked or cracked cable.
3} 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) _"__ _ ~~i~~ed and u~used lines must be tagged at bOth ends showing termination~
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 un i-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.
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.. . .
2)
VII.
1)
2)
VIII.
1)
2)
3)
4)
5)
IX,
1)
2)
3)
X,
1 )
Must be properly fabricated (soldered if applicable) if field installed. Crimp
connectors are not acceptable.
Receivers
No RF pre-amps permitted in front end unless authorized in writing by TBC.
All chassis shields must be in place.
Transmitters
Must meet original manufacturer's specifications.
All chassis must be in place.
Must be tagged with USER's name, equipment model, serial number, and
operating frequency(ies).
All power amplifiers must be shielded.
Photocopy of FCC license must be enclosed in protective plastic cover and
attached to front of transmitter cabinet.
Cabinets
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.
2)
Installation Procedures ~
Installation may take place only after TBC has approved of
the date and time, and only during normal working hours unless otherwi
authoriz:~~~~~~n~~. .'.'__'..__..; "~'_ __ _~~.~....~.z:~.,-~. .. _ :::~~~"="_ .
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 professional 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 OiaQnosinQ 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.
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, ,
TOWER BROADCASTING CORPORA nON OF GEORGIA
809 NA VESINK RIVER ROAD
LOCUST, NEW JERSEY 07760
LICENSE AGREEMENT
This Agr'~ement made this 1 st day of January, 1998, 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, a govemmental agency having its
principal office at County Municipal Building Room 105, Augusta, Georgia 30911, hereinafter referred to
as the "Licensee".
In considl~ration 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. Prior to installing
its equipment at the Premises, Licensee shall, at its sole cost and expense, have a structural analysis of
the tower done to determine whether the tower can support Licensee's installation. The installation of
Licensee'~; Equipment shall be performed in accordance with the Technical Standards set forth in Exhibit
"B" (the "Technical Standards"). Licensee must first obtain Licensor's written consent to any Third Party
Installer, which consent shall not be unreasonably withheld. Any Third Party Installer must submit to
Licensor ;~ 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.aut of_OLrFlslJlt....direcUy..or indirectly, from its installation ~_.q-.~"..:--
of License,e'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 Inst3l1er. Licensor shall have the right to reject any Third Party Installer. Licensee's sole
remedies in the event of such rejection by Licensor are to (i) seek Licensor's consent to a different
installer or subcontractor, or (ii) 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 ordinanc.es
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). 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
utilize the existing electric circuits at the Premises. In the event that Licensee's power requirements
exceed thl~ existing capacity or power distribution, it will be the Licensee's responsibility with the consent
of and urder 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
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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 tile 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 Equipment
causes such interference, Licensee shall cooperate with Licensor in determining the source and will
immediate Iy 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
performin~, 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 ~;hall 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) clnd residents/tenants of the Building. Licensee agrees to indemnify, hold harmless and defend
Licensor a:1d 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 of"\,that.nere8fter ma.y,-be....i6sued..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 locat'3d 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
reimbursement 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 Licensor so as not to conflict with the use of the Premises by Licensor, the Owner(s)or
any other I icensees or lessees using the Premises.
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
or act as a guarantor of Licensee's Equipment, the security thereof or the services provided thereby.
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I ir.pnc:",,,, "'Qr",,,,c: th",t it c:h",1I inrl"'""qity "'prl hnlrl h",,.,,.,I"'C:li L.icir::liQr ar::ld tt:le O'Nner(s) froFR aRa agaiAst ^J.." A..
ar:JY claim Ii gr dem:;Jr:ldi made by :;Jny p~rty altlterting any claim Qr demand on 511('1-] basis or bali~'i ~l(/-
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. an,j 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 hy the Owner(s). Licensor further grants to Licensee a right of access to the areas where
Licensee'~; connecting equipment is located for the purposes of installing, operating, maintaining, and
repairing :;ame. 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 Daten), 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 nAil, 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 Licensee shall deposit with Licensor 3 no
interest sCicurity deposit equal te !lA'o months' license tee payment. This deposit shall be refunded to
Licensee upon the termination of this Agreement, provido(j there is no out&tam1ing indebtedness of
Licensee to Licensor.
Licensee shall, during erm of this Agreement, I ding any renewals and any holding-
over thereafter, provide to Lic r current certificates of insurance eVI cing that such insurance is in
full force cmd effect, na icensor and Owner(s) as additional insureds an . noncancellable without
at least ten (10) d written notice to Licensor and Owner(s). The certificates 0 rance as required
herein must presented to Licensor within 10 days of the Commencement Date of this eement and
=:nniversary date thereof during the term of this Agreement, including any renewa d any
,L,t~~ ,'s 'S-c.I,.... ,
13. 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.
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.
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"
'.'
Any of Licensee's property remaining on the Premises thirty (30) days after the expiration
or termincltion of this Agreement shall 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 ail times during any holdover period, Licensor shall have the unilateral right to terminate this
Agreemel't and to remove Licensee's equipment.
~~
Licensor a Owner(s), and the employees, agents and contractors of each, har om and J
against any and all c d demands for damages to property and .. or death to persons,
including any payments made un workmen's com e . aw or any plan for employees'
disability and death benefits, which may an or be caused by the installation, operation,
maintenarce, presence, use or remo censee's EqUl . or about the Premises, or by any act~
of License.e or Licensee' s on or in the vicinity of the Premises . ed hereunder, except as I"-""
said claim nd may wholly be the result of the negligence of Licensor or ner(s) or the
Q~i, agetlt'i Qr ""ont"'~Mnrc: nf D~l"h
16. REPAIRS - In addition to the repairs referred to in Paragraph 13 of this Agreement,
Licensee l;;hall 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
improvemBnts 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). ~\I1e=writteFl.nati0e'of-<<l:f':Lttlt'M~vO-;U<t
intention to terminate this Agreement upon the expiration of thirty (30) days from the date of receipt of
such noticl~ 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 electricity and shall on a monthly basis bill
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
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shall be made within ten (10) days from the date of such Casualty), reasonably be restored within ninety
(90) day!; 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 writ1en 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 -enewal 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 govemmental 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 Licensee are
required tlY the govemmental authority to cease their operation(s) at the Premises. Licensee shall be
entitled to seek its own award against the govemmental authority only if such award will not result in a
diminution of Licensor'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 "A" 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, ovemight 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 Lic~r:J~lZ~,. 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 ana 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 law ~
or equity. l:ieeR3ee 3~811 iRElefflRif:y, rele83e, ElefeAEI 8f1B ~sla LieeA3sr 8Aa tt:Je OV."Aer(3) t:J8Ffflle3s
a~8ifl6t all lesses, sests (iRSI~eliR6 f8assflaels aMsrfleY3' fee3), a8ffl8~e3, eXl'efl3e3, el8iffl3, aeffl8Ra3 or
Ir8Bilitie3 eFi5ifl~ 81:1t sf 8r ea~ss8 l:Iy, er alls688 t8 t:Jave ariseR s~t 8f Sf l:IeeR e81:1S88 l:Iy tt:Je
di3esflReetisR sr r8"'8val BY LissRser 8f b.iseRses's ~~~iI3FAeRt sr fer iFAFH~iFmeRt sr iRteF'rYptieR sYf..J.-
l:iecfl3ee'33er=viee Sf sJ3efStisfl J3l:1fSl:IaAt te tt:Jis rara€lfaJ3t:J 22. \ I
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 thousa~d dollars
($25,000), all controversies relating to, in connection with, or arising out of this Agreement, its
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 "Rules") as they exist at the time of the arbitration. The cost for same
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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 l~vent 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 ineffeGtive 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, c::ny 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 govemmental 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 ::he Premises or as otherwise permitted within this Agreement, Licensee agrees that it shall
have no dil'ect contact with and shall not discuss matters relating to the subject matter of this Agreement
orthe 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 ovemight mail or via Certified U.S. Mail, return receipt
requested, addressed to the parties listed in Exhibit "A".
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this dat~.
ATTEST:.
BY:
ACCEPTED BY: LICENSEE
NAME:~' \J'l M~CQ).).j'~
TITLE: ~~ <:" ~ -~ .
DATE L-\-~
ATTEST t) 's. ~ - ~;rt.
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EXHIBIT "A"
Call Sign KYY931
One Transmitter licensed by the FCC to operate on 156.150 MHz.
Om! Receiver licensed by the FCC to operate on 156.150 MHz.
OnE! transmission line connecting between the transmitter and the transmit antenna, _" in
diameter. One transmission line connecting between the receiver and the receive antenna, _" in
diameter.
Effeictive Radiated Power radiated by the transmit antenna will be 324 watts.
Licensee will be installing the following antenna(s):
I QUa1"tit,r
Make
Decibel
Model No.
Size
Height
Oiameter
One Belse Station, model no. C73MHB1145, 22" width, 32" height, 6" depth, 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 1.0 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 Nine Hundred and Fifteen Dollars and ri
Twenty CI:!nts ($1915.20) per year for the initial term of this Agreement. At each :lAniVeFE:3ry of the
CommeRcemeRt Date of this Agreement, the annual license fee figure will automatically increase by five
percent (5~ 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: Licensor:
Tower Broadcasting Ooql!JG)f:Georgia
809 Navesink River Road
Locust, New Jersey 07760
Attention: Mr. William J. Marraccini
T ,p........ar P'.'A-~"""""'-t!C't".nn. ~Of\n:=- (~):t' (~
With a copy to:
Veronica Ronan, Esq.
Licensee:
Richmond County Civil Court
County Municip ilding Room 105
Augusta, Geo la 0911
Attention: L E. S
(LiCen~~
(Licensor)
Licensee Sign: Acceptance of Exhibit"
Licensor :3ign: Acceptance of Exhibit "A"
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EXHIBIT "B"
TBC Site Technical Standards
I.
General
1)
All installation crews must have in their possession an installation form issued to
them by T8C prior to work beginning.
2)
You must notify T8C at least twenty-four (24) hours prior to install date, so T8C
can arrange for access.
The foilowing will not be permitted at the antenna site without the written consent of T8C
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 FreQuencv Interference Protective Devices
1)
30-76 MHz
Isolators-minimum of 30dB
TX cavity-minimum of 20d8 rejection at +/-
1 MHz
2)
130-174 MHz
Single Stage Isolators-minimum of 30dB
TX cavity-minimum of 25d8 rejection at +/-
1 MHz
3)
406-512 MHz
Single Stage Isolators-minimum of 30d8
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 T8C.
2)
3)
All mounting hardware must be hot dipped galvanized or non-corroding metal.
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.
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5)
6)
7)
8)
9)
IV.
1)
2)
Connections to be taped with stretch vinyl tape (Scotch #33 or equivalent)
Skotchkoted (including pigtails).
Antennas with corroded or oxidized elements must be repaired or replaced.
Unless otherwise authorized by TBC , all antennas must be
enclosed in fiberglass radomes.
Mounting pipes must be cut such that they do not extend into the antenna
radiating element.
Any rusted, corroded or damaged hardware must be replaced.
Tower
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. . .., '._., . ._, ",",^,:.,.,~...~.;,,....,,, ."".oJ _='''''' c:..-.,.'~ -' '-
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.
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Must be properly fabricated (soldered if applicable) if field installed. Crimp
connectors are not acceptable.
Receivers
No RF pre-amps permitted in front end unless authorized in writing by TBC.
All chassis shields must be in place.
Transmitters
Must meet original manufacturer's specifications.
All chassis must be in place.
Must be tagged with USER's name, equipment model, serial number, and
operating frequency(ies).
All power amplifiers must be shielded.
Photocopy of FCC license must be enclosed in protective plastic cover and
attached to front of transmitter cabinet.
Cabinets
Must be grounded to building ground system.
All doors must be on and/or closed.
All unused non-original holes larger than 1 n must be covered with copper screen
or solid metal plates.
Installation Procedures
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.
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2)
TBe 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 professional 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 Diaonosino 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.
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