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HomeMy WebLinkAboutW K Z K Radio Augusta Richmond GA DOCUMENT NAME: LU~-li- KeD. \() DOCUMENT TYPE: US'( etX\\m-t- YEAR: C\, BOX NUMBER: C}-\ FILE NUMBER: \ ~\L\ NUMBER OF PAGES: ~ . , " / h f IL( &fll1(G 1 uV AUGUSTA-RICHMOND COUNTY COMMISSION ROOM 801 MUNICIPAL BLDG. (I I) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 LARRY E. SCONYERS Mayor ) y (}~ ~ j " 0:/0 ,<.J 0" ~L FREDDIE L. HANDY Mayor Pro Tern August 19, 1997 BY HAND DELIVERY Charles R. Oliver Administrator Room 801, City-County 530 Greene street Augusta, Georgia 30911 Bldg (11) Re: Lease Agreement with WKZK Radio Dear Randy: LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B. KUHLKE. JR. WM. "WILLIE" H. MAYS, rn J. B. POWEU MOSES TODD ROB ZElTIRBERG CHARLES R. OLIVER. P E. CPA Administrator JAMES B. WALL Attorney Repiy to PO. BOX 2125 Augllsta. GA. 30903 Enclosed please find two originals of the lease agreement between Augusta and WKZK radio for property on Milledge Road. I would appreciate your initialling the signature pages on each original, forwarding them to the Mayor'S office for signature and attestation, and requesting that Lena forward fully-executed copies both to our office and to WKZK. Of course, should you have any questions or need further information, please give me a call. Thanking you and with best personal regards, I am Yours very truly, s. D'Alessio cc: James B. Wall STATE OF GEORGIA LEASE RICHMOND COUNTY THIS LEASE AGREEMENT, made and entered into as of this 1st day of June 1997, by and between Richmond County, Georgia, by and through the Augusta- Richmond County Commission, hereinafter called "Lessor", and Gospel Radio, Inc. d/b/a WKZK Radio, a corporation of the State of Georgia, hereinafter called "Lessee". WIT N E SSE T H: WHEREAS, Lessor is the owner of property more particularly described herein, which is known as #2 Milledge Road in Augusta, Richmond County, State of Georgia; and WHEREAS, Lessor wishes to lease to Lessee, and Lessee desires to lease from Lessor, said property. NOW, THEREFORE, the parties hereto, for and in consideration of the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DO HEREBY AGREE, each for itself and its successors and assigns, as follows: 1. Leased Premises. Lessor, duly authorized, does hereby lease unto Lessee, and the Lessee does hereby lease and obtain for the purposes herein set forth from the Lessor, for Lessee's exclusive use, the area described in the attached Exhibit "A" (hereinafter called the "Leased Premises"). "Leased Premises" shall also include any changes, additions, alterations, modifications and/or improvements on or to the Leased Premises made in accordance with this Lease Agreement. 2. Term. Lessor hereby rents, leases and lets unto Lessee, and Lessee hereby rents and leases from Lessor, for the rental and upon and subject to the tI terms and conditions set forth herein, the property descr]~~i ~~set forth on Exhibit "A" for a term of ten (10) years, commencing on ~~1, 1997. At its option, Lessee may renew this Agreement for two successive five (5) year periods, upon the same terms and conditions; provided, however, Lessee provides Lessor with six (6) months advance written notice of the intent of Lessee to renew prior to the end of the initial lease term or any renewal period. This Lease shall create a usufruct only and not an estate for years. 3. Rental. During the initial term of this Lease, Lessee agrees to pay Lessor an annual rental of $1,200.00, payable in equal monthly installments, each in advance on the first day of each month during the term of this lease. During the first five year renewal term, Lessee agrees to pay an annual rental of $1,400.00, payable in equal monthly installments, each in advance on the first day of each month during the renewal term. During the second five year renewal term, Lessee agrees to pay an annual rental of $2,000.00, payable in equal monthly installments, each in advance on the first day of each month during the renewal term. 4. Interest; Attornev' s Fees. Any rental payment or other payment required to be paid'by Lessee hereunder, if not paid within 10 days of the due date, shall bear interest from the date the same became due until the date payment is received by Lessor at the rate of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other payment required to be paid by Lessee hereunder and the same is collected through the services of an attorney at law, Lessee shall pay to Lessor attorneys' fees in the amount of 15% of the 1 total amount due from Lessee and all reasonable expenses of litigation. 5. utilities. Lessee is solely responsible for payment of all utilities used at or supplied to the Leased Premises and shall indemnify Lessor and hold it forever harmless against any and all liability or damages related thereto. 6. Use of the Leased Premises. Lessee shall use the Leased Premises herein leased only for the purpose of operation of a radio station. 7. Repairs and Maintenance: Improvements. Lessee shall maintain the exterior surfaces of the Leased Premises, as well as all interior areas of the Leased Premises, including any changes, additions, alterations, modifications and/or improvements made by Lessee, in a condition comparable to that when initially constructed, normal wear and tear excepted. Lessee shall not, without the prior written consent of Lessor, make any changes, additions, alterations, modifications and/or improvements in or upon any part of the Leased Premises. The foregoing shall also apply to any exterior signs, notices, placement of machinery or equipment either attached or placed outside of the Leased Premises. Lessee agrees to submit any and all plans for any changes, additions, alterations, modifications and/or improvements to the Leased Premises to Lessor for approval before said changes, additions, alterations, modifications and/or improvements are begun. Lessor shall not unreasonably withhold its approval of said plans. 8. Inspection by Lessor. Lessor, its authorized officers, employees, agents or representatives shall have the right to enter upon the Leased Premises to make inspections during regular business hours when a representative of the Lessee is present, or at any time in case of an emergency to determine whether Lessee has complied with and is complying with the terms and conditions of this Agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of Lessee. 9. Rules and Requlations. Lessee agrees that use of the Leased Premises shall be conducted in compliance with all local, state and federal laws, the ordinances of Augusta-Richmond County (including those ordinances in the Code of the City of Augusta and the Richmond County Code, as applicable), the rules and regulations of the Augusta-Richmond County Commission, and all rules and regulations of Lessor. Lessee further agrees to endeavor to conduct its business in such a manner as will develop and maintain the good will and active interest of the general public. Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state and local environmental laws, rules and regulations, and agrees to indemnify and hold harmless Lessor (and each of Lessor's elected officials, officers, agents, employees and representatives), from and against any claims, actions, demands or liabilities of any kind arising out of or relating to Lessee's use of the Leased Premises and relating to environmental requirements. Lessee's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Leased Premises based on environmental requirements. 10. Indemnity: Insurance. Lessee agrees to indemnify and hold harmless Lessor from any and all claims in any way related to or arising out of any failure of Lessee to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the Leased Premises during the period from the date of this agreement to the end of the Lease Term, including reasonable attorney's fees and expenses of litigation incurred by Lessor in connection therewith. Lessee further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury to himself and/or any individuals employed or retained by himself in connection with Improvements made to the Leased Premises, and hereby releases Lessor from liability in connection with any 2 .. . . such claims. Without limiting the foregoing, Lessee further agrees to maintain at all times during said period, at Lessee's expense, comprehensive and general public liability insurance coverage against claims for personal injury, death and/or property damage occurring in connection with the use and occupancy of the Leased Premises or arising out of their ownership, improvement, repair or alteration of the Leased Premises with limits of coverage of not less than $500,000.00 for personal injury (including death) per person and $1,000,000.00 per occurrence. The cost of premiums for all policies of insurance required by this Lease Agreement shall be paid by Lessee. policies shall be jointly in the names of Lessor and Lessee, and duplicate copies of the policies shall be delivered to Lessor. All policies providing insurance coverage required to be maintained by Lessee hereunder shall list Lessor, The Augusta-Richmond County Commission and its Mayor, Lessee and their officers, agents, members, employees and successors as named insureds, as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Lessor. All such policies shall provide that no act or omission of Lessee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insureds. No insurance policy providing any insurance coverage required to be provided by Lessee hereunder shall be cancelable without at least 15 days advance written notice to Lessor. All insurance policies required hereunder, or copies thereof, shall be provided to Lessor by Lessee. 11. Assianments. Lessee shall not, without the prior written consent of the Lessor, assign this Lease or any interest thereunder, sublet the Leased Premises or any part thereof or permit the use of the Leased Premises by any party other than Lessee. Any consent to one assignment or sublease shall not destroy or waive this provision, and all later assignments and subleases shall likewise be made only upon prior written consent of the Lessor. Subtenants or assignees shall become liable directly to the Lessor for all obligations of Lessee, without relieving Lessee's liability. 12. Default. It is understood between the parties hereto that in the event of default by either of the parties during the term of this Lease, the other party shall have the right forthwith to give notice thereof to the party in default, same to be in writing, and if such condition of default is not removed and restored within ten (10) days after receipt of such notice, then the other party shall forthwith have the option of declaring this Lease in default and proceed to enforce their rights in accordance with the law. For purposes of this Section, an "event of default" includes but is not limited to: (a) Lessee's failure to make any payment when it becomes due under this Agreement, where such failure continues for 10 days after the due date; (b) Lessee's failure to perform, observe and/or comply with any provision of this Agreement, where such failure is not cured within 15 days of notice thereof from Lessor; or (c) Lessee's insolvency or inability to pay its debts as they become due, or Lessee's making of an assignment for the benefit of creditors, Lessee's application for or consent to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or Lessee's filing of a petition for relief under any bankruptcy, insolvency, reorganization or similar laws, or the filing of a petition in, or proceeding under, any bankruptcy, insolvency, reorganization or similar laws against Lessee, which is not dismissed or fully stayed within twenty (20) days after the filing or institution thereof. 13. Miscellaneous. 13.1 Notices. All notices, demands, and requests which mayor are required to be given by either Lessor or Lessee to the other shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as 3 ." follows: If intended for Lessee: GARFIELD TURNER, VICE-PRESIDENT P.O. BOX 1454 AUGUSTA, GEORGIA 30903 If intended for Lessor: AUGUSTA-RICHMOND COUNTY COMMISSION C/O ADMINISTRATOR EIGHTH FLOOR, MUNICIPAL BUILDING AUGUSTA, GEORGIA 30911 Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. 13.2 Exculpation; Indemnity. Wherever in this Agreement Lessor's liability is limited, modified or exculpated or Lessee agrees to indemnify or hold Lessor harmless or have Lessor named as an additional insured, the term Lessor shall mean and include the Augusta-Richmond County Commission (including its Mayor) and its members, officers, elected officials, agents, servants, employees and successors in office. 13.3 Covenants Bind and Benefit Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 13.4 Governing Law. This Agreement shall be governed and interpreted by the laws of the state of Georgia. 14. Entire Aqreement. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written This docullltnt anlOve d is ~.iPJ;1 ~ _Ii Sworn to and subscribed before me this 1(}'0 day 1\ ' of tt~ ~\!M1:l,7. \\\\ 1/111 . ," ",,\\ ~N F. L, 'I,.., , ,,0 -_.......u.. '7// /"',,0, .... .- ~ 0 - ". ..( ''''~ . $ /. ~ ;""'" ~ Expl.re~: "=X'JI ~ ", -:: ... t~ \, ReS . .. ~ {GEO~' 'IA i ~ _ ..t.~U'..~... -; \ APR;l24,lG99 f 2 ~~'.. ^ l<- -~4 ""':""-::...("'J c..... ~C1~.UnL\ .<_, ~~ ;~," r ~ '.".."....*"...'11 ~:S'--- ,,,;-, "'" ONn CO \\\\' 111/111;-;, I It n \ \' \ .. ~ . 1. PLAT COMPILED FROM INFORMAlION OF. FILE IN THE ENGINEERING DEPT. NO FILED SURVEY WAS PERFORMED. 2. TRACT .A. IS NOT TO ElE CONSIDERED A SEPARATE PARCEL, IT IS SHOWN FOR LEASE PURPOSES ONLY. 3. THIS PROPERTY DOES NOT UE IN A FLOOD PRONE AREA. 25' INGRESSjEGRESS EASEMENT ~ 8 ~ ..." ........... .. II I~ ~ g~ !~ I .. ~~ oj x ~~ II ~ ~ 01 9 z TRACT .. A If 2.07 Ac. ~r' .1 "- 5 "- fI) N 88'j(30' Ej448'tL- x x S 880-30' W x x 300.00' x- . N,,- c.c.A. - IIIESl1IIEW CEIlEltRy . TAX MAP: 27; PARCEl.: 3 r.ru.APII ~n U AP . . - . NB1i:~ t . '. .....1. PLAT COMPILED FROM INFORMA110N OF FILE IN THE ENGINEERING DEPT. NO FILED SURVEY WAS PERFORMED. 2. TRACT -A- IS NOT TO BE CONSIDERED A SEPARA1t: PARCEL. IT IS SHOWN FOR LEASE PURPOSES ONLY. 3. THIS PROPERTY DOES NOT UE IN A FLOOD PRONE AREA. . . ~ . 25' INGRESS~GRESS "" EASEMENT 7 M ~ ~ 15 .:.J t~ a: III -< i~ I .. a.. j ~ cJ x ~i5 z M 8 ~ "- "- "- "- IBACLX "- 2.07 Ac. l&I ~" ,I "- o " en ~ ~ ,I o z N 88.)("30' Ej448';tL- ~ ~ ~ ~ ~ . COMPILED MAP FOR THE AUGUSTA x x S 88'-JO. W x x 300.00. x- " Nit" C.CA - WES'MEW CEWElOY " TAX MAP: 27; PARCEL: 3 COMMISSION SHOWING PROPERTY LOCA 1t:D NEAR THE IN1t:RSEC110N OF WOOD ST. Ie MILLEDGE RD., KNOWN AS No. 2 MILLEDGE RD., LOC~ TED IN THE 87th G.M.D. SCALE: 1-=100' RICHMOND COUNTY. GEORGIA FEBRUARY 3, 1997 19'> 50 0 GRAPHIC SCALE II tU,1 AUGUSTA-RICHMOND COUNlY llEPAR--ThiE~T OF PUBLIC WORKS. ENGINEERING DEPT., ROOM 701, MUNICIPAL BUILDING, 530 GREENE STREET, AUGUSTA, GEORGIA 30911 190 87003