HomeMy WebLinkAboutW K Z K Radio
Augusta Richmond GA
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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
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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
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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
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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
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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
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Sworn to and subscribed before me
this 1(}'0 day
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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.
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3. THIS PROPERTY DOES NOT UE IN A FLOOD PRONE AREA.
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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