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HomeMy WebLinkAboutLease W.R.D.W - TV , Inc and Augusta - Richmond County Augusta Richmond GA DOCUMENT NAME: Le liSt W. fl..O. \Ai - TV I lNC- G',vO IJV')U~TA~. .- R ,c.. \-t (nON \) COUNT 'I DOCUMENT TYPE: ;-4 J (2.f: E (Y1 ~ gJ T YEAR: 1Q<1<1 BOX NUMBER: YJ FILE NUMBER: J 4 ? 2> 0 NUMBER OF PAGES: dO . "\ U!~SI LEASE Date: April 12, 1999 This lease is between WRDW-TV, lNe., (hereinafter referred to as "Lessor"), and Augusta Richmond County Consolidated Government (hereinafter referred to as "Lessee"). Lessor owns a transmission tower on Georgia Avenue, in the City of North Augusta, South Carolina (hereinafter referred to as "Tower) and Lessee desires to lease space on the Tower. In consideration of the foregoing premises, and the mutual covenants contained herein, the parties agree as follows: 1. Premises: Lessor will lease to Lessee space on the Tower to the extent necessary to enable Lessee to erect, maintain and operate one (l) antennae e) as part of its communication system. Description of Antenna(e): UHF antenna approximately 1-1/2" in diameter and 15 feet in length. Location(s) on Tower: 200 foot level of north leg of tower. Lessor grants to Lessee permission to attach necessary fixtures to the Tower to make said antenna(e) operational. All transmission lines leading to the antenna(e) will be attached under horizontal members of the Tower installed down the nearest leg of the Tower. Lessor shall make available space near the base of the Tower for locating certain equipment I I described as: one standard 19" rack approximately 6 foot high. P.O. Box 1212 · Augusta, Georgia 30903-1212 · (803) 278-1212 · FAX (803) 279-8316 'i Transmission line to be installed from base station to antennae e) shall not exceed one inch in diameter. 2. Term: This lease shall be for a period of six months commencing January 1, 1999, and tenninating June 30, 1999. 3. Rent: $385.00 per month, or a lump sum payment of$2,310.00 for six months. 4. Lessor's Repairs: Lessor will make, at its expense, all necessary repairs and replacements, as well as alterations required by any governmental authority having jurisdiction, in and to the Tower. Provided, however, if the Tower is destroyed or damaged to such an extent that, in Lessor's judgement, repair would be an imprudent business decision, Lessor may elect not to repair or rebuild the Tower and, in such event, may terminate this lease without further liability to Lessee. 5. Interference: Lessee will cause its engineers to verify by frequency search that its signal will not interfere with radiating or receiving facilities of Lessor or others using Lessor's property as of the date of execution of this lease. In the event material interference is encountered, Lessee will exercise its best efforts diligently to resolve such problems. In the event that such efforts are unsuccessful, the Lessee shall notifY Lessor in writing and Lessor may, at its option (i) attempt to resolve said interference problems at a cost approved and reimbursed by Lessee, or (ii) immediately terminate this agreement without further: I obligation to Lessee. In the event Lessor is unsuccessful in its attempts to resolve the interference after: a reasonable period (not more than 90 days), Lessee may terminate this agreement without further liability! I to Lessor. Material interference shall be deemed to be any interference which violates the terms and I .. .. , conditions of transmitter licenses and/or rules and regulations of the Federal Communications Commission. 6. Lessee's Repairs: Lessee shall maintain, in a good state of repair and in good operating condition, its antenna( e) and transmitting and other equipment, all in accordance with good engineering practices and applicable govemmentalrules and regulations. In the event inspection, maintenance or repairs to Lessee's antenna(e) and equipment are required, Lessee shall use qualified technicians and submit for Lessor's approval, the names of technicians proposed to make necessary ascents and descents of Lessor's Tower. 7. Indemnification: Lessor shall not be liable to Lessee for any loss, theft, disappearance, damage, or destruction of any personal property stored or placed by Lessee in or on the Tower or surrounding property, regardless of cause, except for willful acts of Lessor or its employees. In no event shall Lessor be liable for any consequential damages (including without limitation lost profits) arising from damage to Lessee's equipment or the loss, destruction or other failure of the Tower. 8. Condemnation: lfthe Tower, or the property upon which it has been erected, shall be acquired or condemned by eminent domain, or sold under threat thereof: then this lease shall terminate from the date of title vesting in such proceeding or sale and Lessee shall have no claim for the value of any unexpired term hereunder. Lessee shall not be entitled to any part of any award or recovery except for the value of its antenna( e) and equipment, if taken. Should Lessee fail to pay when due rent or any other amounts due Lessor hereunder, or fail to -, cure any breach of any other provision of this lease after thirty (30) days written notice and demand, Lessor may terminate this lease immediately and require Lessee to remove or cause to be removed all of Lessee's equipment. Notwithstanding that termination, Lessee shall remain liable for all rents for the remaining term of this lease and all other obligations of Lessee to Lessor contained herein shall also survive. Lessee shall, in event of its breach of any provision of this lease, be liable for any and all costs incurred for removal of Lessee's antenna(e) and transmission lines from Lessor's Tower and for removal of transmitting equipment from space provided. Lessor shall not be liable for any damage to such equipment during its removal. 9. Renewal: Lessee shall have the right, upon at least sixty (60) days notice in writing to Lessor prior to the termination of this Lease, to renew this Lease for one additional term of one (1) year on the Same terms and conditions of the original Lease except for the amount of the rent which Lessor may increase. lfLessor intends to increase the rate, it will immediately, upon receipt of Lessee's written notice of intent to renew, notify Lessee of the new rate. Lessee may, within ten (10) days, then elect not to renew this Lease. 10. Assignment: Nothing in this Agreement shall prohibit Lessor from selling or transferring control of its television station or its Tower; provided, that the terms of this Agreement will be binding upon Lessor's buyer or assignee. Any rights not expressly granted to Lessee hereunder by Lessor shall be fully retained by Lessor. Lessee may not assign this Agreement to any other person or entity without I I Lessor's prior written consent. ~ .' .. 11. Notices: Communications or notices pursuant to this Agreement shall be sent to: A. LESSOR: Gray Communications Systems, Inc. WRDW-TV Post Office Box 1212 Augusta, GA 30903-1212 Attention: General Manager B. LESSEE: Augusta Richmond County Consolidated Government Post Office Box 2125 Augusta, GA 30903 Attention: City Attorney In witness whereof: Lessor and Lessee have caused this Lease to be executed on the date and year first mentioned above. :..\ BY ~- TITLE: CHMOND COUNTY CONSOLIDATED GOVERNMENT (LESSEE): ATTEST: ~~hMJA/ rk of ission " , , Jt!SYf$m~1 LEASE Date: April 12, 1998 This lease is between WRDW-TV, me., (hereinafter referred to as "Lessor"), and Augusta Richmond County Consolidated Government (hereinafter referred to as "Lessee"). Lessor owns a transmission tower on Georgia Avenue, in the City of North Augusta, South Carolina (hereinafter referreq to as "Tower) and Lessee desires to lease space on the Tower. In consideration of the foregoing premises, and the mutual covenants contained herein, the parties agree as follows: 1. Premises: Lessor will lease to Lessee space on the Tower to the extent necessary to enable Lessee to erect, maintain and operate one (1) antenna(e) as part of its communication system. Description of Antenna( e): UHF antenna approximately 1-1/2" in diameter and 15 feet in length. Location(s) on Tower: 220 foot level of north leg of tower. Lessor grants to Lessee permission to attach necessary fixtures to the Tower to make said antenna(e) operational. All transmission lines leading to the antenna(e) will be attached under horizontal members of the Tower installed down the nearest leg of the Tower. Lessor shall make available space near the base of the Tower for locating certain equipment described as: one standard 19" rack approximately 6 foot high. P.O. Box 1212 · Augusta, Georgia 30903-1212 · (803) 278-1212 · FAX (803) 279-8316 ~ . , ,.' Transmission line to be installed from base station to antenna( e) shall not exceed one inch in diameter. 2. Term: This lease shall be for a period of six months commencing January 1, 1999, and terminating June 30, 1999. 3. Rent: $423.50 per month, or a lump sum payment of $2,541.00 for six months. 4. Lessor's Repairs: Lessor will make, at its expense, all necessary repairs and replacements, as well as alterations required by any governmental authority having jurisdiction, in and to the Tower. Provided, however, if the Tower is destroyed or damaged to such an extent that, in Lessor's judgement, repair would be an imprudent business decision, Lessor may elect not to repair or rebuild the Tower and, in such event, may terminate this lease without further liability to Lessee. 5. Interference: Lessee will cause its engineers to verify by frequency search that its signal will not interfere with radiating or receiving facilities of Lessor or others using Lessor's property as of the date of execution of this lease. In the event material interference is encountered, Lessee will exercise its best efforts diligently to resolve such problems. In the event that such efforts are unsuccessful, the Lessee shall notifY Lessor in writing and Lessor may, at its option (i) attempt to resolve said interference problems at a cost approved and reimbursed by Lessee, or (ii) immediately terminate this agreement without further obligation to Lessee. In the event Lessor is unsuccessful in its attempts to resolve the interference after a reasonable period (not more than 90 days), Lessee may terminate this agreement without further liability to Lessor. Material interference shall be deemed to be any interference which violates the terms and s v' ~ conditions of transmitter licenses and/or rules and regulations of the Federal Communications Commission. 6. Lessee's Repairs: Lessee shall maintain, in a good state of repair and in good operating condition, its antenna( e) and transmitting and other equipment, all in accordance with good engineering practices and applicable governmental rules and regulations. In the event inspection, maintenance or repairs to Lessee's antenna(e) and equipment are required, Lessee shall use qualified technicians and submit for Lessor's approval, the names of technicians proposed to make necessary ascents and descents of Lessor's Tower. 7. Indeinnification: Lessor shall not be liable to Lessee for any loss, theft, disappearance, damage, or destruction of any personal property stored or placed by Lessee in or on the Tower or surrounding property, regardless of cause, except for willful acts of Lessor or its employees. In no event shall Lessor be liable for any consequential damages (including without limitation lost profits) arising from damage to Lessee's equipment or the loss, destruction or other failure of the Tower. 8. Condemnation: If the Tower, or the property upon which it has been erected, shall be acquired or condemned by eminent domain, or sold under threat thereof, then this lease shall terminate from the date of title vesting in such proceeding or sale and Lessee shall have no claim for the value of any unexpired term hereunder. Lessee shall not be entitled to any part of any award or recovery except for the value of its antenna( e) and equipment, if taken. . c ~ " 1 vi .' Should Lessee fail to pay when due rent or any other amounts due Lessor hereunder, or fail to cure any breach of any other provision of this lease after thirty (30) days written notice and demand, Lessor may terminate this lease immediately and require Lessee to remove or cause to be removed all of Lessee's equipment. Notwithstanding that termination, Lessee shall remain liable for all rents for the remaining term of this lease and all other obligations of Lessee to Lessor contained herein shall also survive. Lessee shall, in event of its breach of any provision of this lease, be liable for any and all costs incurred for removal of Lessee's antenna(e) and transmission lines from Lessor's Tower and for removal of transmitting equipment from space provided. Lessor shall not be liable for any damage to such equipment during its removal. 9. Renewal: Lessee shall have the right, upon at least sixty (60) days notice in writing to Lessor prior to the termination of this Lease, to renew this Lease for one additional term of one (1) year on the same terms and conditions of the original Lease except for the amount of the rent which Lessor may increase. If Lessor intends to increase the rate, it will immediately, upon receipt of Lessee's written notice of intent to renew, notify Lessee of the new rate. Lessee may, within ten (10) days, then elect not to renew this Lease. 10. Assignment: Nothing in this Agreement shall prohibit Lessor from selling or transferring control of its television station or its Tower; provided, that the terms of this Agreement will be binding upon Lessor's buyer or assignee. Any rights not expressly granted to Lessee hereunder by Lessor shall be fully retained by Lessor. Lessee may not assign this Agreement to any other person or entity without Lessor's prior written consent. , . .. .. ..." . .,.5 ~. 11. Notices: Communications or notices pursuant to this Agreement shall be sent to: A. LESSOR: Gray Communications Systems, Inc. WRDW-TV Post Office Box 1212 Augusta, GA 30903-1212 Attention: General Manager B. LESSEE: Augusta Richmond County Consolidated Government Post Office Box 2125 Augusta, GA 30903 Attention: City Attorney In witness whereof, Lessor and Lessee have caused this Lease to be executed on the date and year first mentioned above. ~ky. LfUv TITLE: COUNTY CONSOLIDATED GOVERNMENT (LESSEE): ATTEST: ~~~A/ 1 rk of ission . . 1 /!1gw;:m~1 LEASE Date: April 12, 1999 This lease is between WRDW-TV, INe., (hereinafter referred to as "Lessor"), and Augusta Richmond County Consolidated Government (hereinafter referred to as "Lessee"). Lessor owns a transmission tower on Georgia Avenue, in the City of North Augusta, South Carolina (hereinafter referred to as "Tower) and Lessee desires to lease space on the Tower. In consideration of the foregoing premises, and the mutual covenants contained herein, the parties agree as follows: 1. Premises: Lessor will lease to Lessee space on the Tower to the extent necessary to enable Lessee to erect, maintain and operate one (1) antennae e) as part of its communication system. Description of Antenna(e): UHF antenna approximately 2" in diameter and 20 feet in length. Location(s) on Tower: 350 foot level of western leg of tower. Lessor grants to Lessee permission to attach necessary fixtures to the Tower to make said antenna(e) operational. All transmission lines leading to the antenna(e) will be attached under horizontal members of the Tower installed down the nearest leg of the Tower. Lessor shall make available space near the base of the Tower for locating certain equipment described as: one standard 19" rack approximately 6 foot high. P.O. Box 1212 · Augusta. Georgia 30903-1212 · (803) 278-1212 · FAX (803) 279-8316 . i Transmission line to be installed from base station to antennae e) shall not exceed one inch in diameter. 2. Term: This lease shall be for a period of one year commencing January 1, 1999, and terminating December 31, 1999. 3. Rent: $673.75 per month, or $8,085.00 per year. 4. Lessor's Repairs: Lessor will make, at its expense, all necessary repairs and replacements, as well as alterations required by any governmental authority having jurisdiction, in and to the Tower. Provided, however, if the Tower is destroyed or damaged to such an extent that, in Lessor's judgement, repair would be an imprudent business decision, Lessor may elect not to repair or rebuild the Tower and, in such event, may terminate this lease without further liability to Lessee. 5. Interference: Lessee will cause its engineers to verify by frequency search that its signal will not interfere with radiating or receiving facilities of Lessor or others using Lessor's property as of the date of execution of this lease. In the event material interference is encountered, Lessee will exercise its best efforts diligently to resolve such problems. In the event that such efforts are unsuccessful, the Lessee shall notify Lessor in writing and Lessor may, at its option (i) attempt to resolve said interference problems at ! a cost approved and reimbursed by Lessee, or (ii) immediately terminate this agreement without further I I I obligation to Lessee. In the event Lessor is unsuccessful in its attempts to resolve the interference after! a reasonable period (not more than 90 days), Lessee may terminate this agreement without further liability to Lessor. Material interference shall be deemed to be any interference which violates the terms and . t ~ conditions of transmitter licenses and/or rules and regulations of the Federal Communications Commission. 6. Lessee's Repairs: Lessee shall maintain, in a good state of repair and in good operating condition, its antennae e) and transmitting and other equipment, all in accordance with good engineering practices and applicable governmental rules and regulations. In the event inspection, maintenance or repairs to Lessee's antenna(e) and equipment are required, Lessee shall use qualified technicians and submit for Lessor's approval, the names of technicians proposed to make necessary ascents and descents of Lessor's Tower. 7. Indemnification: Lessor shall not be liable to Lessee for any loss, theft, disappearance, damage, or destruction of any personal property stored or placed by Lessee in or on the Tower or surrounding property, regardless of cause, except for willful acts of Lessor or its employees. In no event shall Lessor be liable for any consequential damages (including without limitation lost profits) arising from damage to Lessee's equipment or the loss, destruction or other failure of the Tower. 8. Condemnation: If the Tower, or the property upon which it has been erected, shall be acquired or condemned by eminent domain, or sold under threat thereof: then this lease shall terminate from the date of title vesting in such proceeding or sale and Lessee shall have no claim for the value of any unexpired term hereunder. Lessee shall not be entitled to any part of any award or recovery except for the value of its antennae e) and equipment, if taken. & .~ ~ Should Lessee fail to pay when due rent or any other amounts due Lessor hereunder, or fail to cure any breach of any other provision of this lease after thirty (30) days written notice and demand, Lessor may terminate this lease immediately and require Lessee to remove or cause to be removed all of Lessee's equipment. Notwithstanding that termination, Lessee shall remain liable for all rents for the remaining term of this lease and all other obligations of Lessee to Lessor contained herein shall also survive. Lessee shall, in event of its breach of any provision of this lease, be liable for any and all costs incurred for removal of Lessee's antenna(e) and transmission lines from Lessor's Tower and for removal of transmitting equipment from space provided. Lessor shall not be liable for any damage to such equipment during its removal. 9. Renewal: Lessee shall have the right, upon at least sixty (60) days notice in writing to Lessor prior to the termination of this Lease, to renew this Lease for one additional term of one (1) year on the same terms and conditions of the original Lease except for the amount of the rent which Lessor may increase. If Lessor intends to increase the rate, it will immediately, upon receipt of Lessee's written notice of intent to renew, notify Lessee of the new rate. Lessee may, within ten (10) days, then elect not to renew this Lease. 10. Assignment: Nothing in this Agreement shall prohibit Lessor from selling or transferring control of its television station or its Tower; provided, that the terms of this Agreement will be binding upon Lessor's buyer or assignee. Any rights not expressly granted to Lessee hereunder by Lessor shall be . fully retained by Lessor. Lessee may not assign this Agreement to any other person or entity without ' I i Lessor's prior written consent. .. ! -..... ~ ( ,'. I 11. Notices: Communications or notices pursuant to this Agreement shall be sent to: A LESSOR: Gray Communications Systems, Inc. WRDW-TV Post Office Box 1212 Augusta, GA 30903-1212 Attention: General Manager B. LESSEE: Augusta Richmond County Consolidated Government Post Office Box 2125 Augusta, GA 30903 Attention: City Attorney In witness whereof: Lessor and Lessee have caused this Lease to be executed on the date and year first mentioned above. BY: TITLE: ATTEST: dM~4~ , - r. .~ '60 /t:!.~w~~/ LEASE Date: April 12, 1999 This lease is between WRDW-TV, INC. (hereinafter referred to as "Lessor"), and Augusta/Richmond County Consolidated Government (hereinafter referred to as "Lessee"). Lessor owns a transmission tower on Georgia Avenue, in the City of North Augusta, South Carolina (hereinafter referred to as "Tower) and Lessee desires to lease space on the Tower. In consideration of the foregoing premises, and the mutual covenants contained herein, the parties agree as follows: 1. Premises: Lessor will lease to Lessee space on the Tower to the extent necessary to enable Lessee to erect, maintain and operate one (1) antenna(e) as part of its communication system. Description of Antenna(e): UHF antenna approximately 24" long and 80 to 10" high. Location(s) on Tower: 60 feet on southern leg. Lessor grants to Lessee permission to attach necessary fixtures to the Tower to make said antenna(e) operational. All transmission lines leading to the antenna(e) will be attached under horizontal I I members of the Tower installed down the nearest leg of the Tower. Lessor shall make available space near the base of the Tower for locating certain equipment described as: one standard 19" rack approximately 6 foot high. Transmission line to be installed from base station to antennae e) shall not exceed one inch in P.O. Box 1212 . Augusta, Georgia 30903-1212 · (803) 278-1212 · FAX (803) 279-8316 .I r ~ dIameter. 2. Term: This lease shall be for a period of six months commencing January 1, 1999, and terminating June 30, 1999. 3. Rent: $132.00 per month, or a lump sum payment of$792.00 for six months. 4. Lessor's Repairs: Lessor will make, at its expense, all necessary repairs and replacements, as well as alterations required by any governmental authority having jurisdiction, in and to the Tower. Provided, however, if the Tower is destroyed or damaged to such an extent that, in Lessor's judgement, repair would be an imprudent business decision, Lessor may elect not to repair or rebuild the Tower and, in such event, may terminate this lease without further liability to Lessee. 5. Interference: Lessee will cause its engineers to verify by frequency search that its signal will not interfere with radiating or receiving facilities of Lessor or others using Lessor's property as of the date of execution of this lease. In the event material interference is encountered, Lessee will exercise its best efforts diligently to resolve such problems. In the event that such efforts are unsuccessful, the Lessee shall notifY Lessor in writing and Lessor may, at its option (i) attempt to resolve said interference problems at a cost approved and reimbursed by Lessee, or (ii) immediately terminate this agreement without further obligation to Lessee. In the event Lessor is unsuccessful in its attempts to resolve the interference after a reasonable period (not more than 90 days), Lessee may terminate this agreement without further liability to Lessor. Material interference shall be deemed to be any interference which violates the terms and conditions of transmitter licenses and/or rules and regulations of the Federal Communications Commission. ,: ~ 6. Lessee's Repairs: Lessee shall maintain, in a good state of repair and in good operating condition, its antenna(e) and transmitting and other equipment, all in accordance with good engineering practices and applicable governmental rules and regulations. In the event inspection, maintenance or repairs to Lessee's antenna(e) and equipment are required, Lessee shall use qualified technicians and submit for Lessor's approval, the names of technicians proposed to make necessary ascents and descents of Lessor's Tower. 7. Indemnification: Lessor shall not be liable to Lessee for any loss, theft, disappearance, damage, or destruction of any personal property stored or placed by Lessee in or on the Tower or surrounding property, regardless of cause, except for willful acts of Lessor or its employees. In no event shall Lessor be liable for any consequential damages (including without limitation lost profits) arising from damage to Lessee's equipment or the loss, destruction or other failure of the Tower. 8. Condemnation: If the Tower, or the property upon which it has been erected, shall be acquired or condemned by eminent domain, or sold under threat thereof, then this lease shall terminate from the date of title vesting in such proceeding or sale and Lessee shall have no claim for the value of any unexpired term hereunder. Lessee shall not be entitled to any part of any award or recovery except for the value of its antennae e) and equipment, if taken. Should Lessee fail to pay when due rent or any other amounts due Lessor hereunder, or fail to i I cure any breach of any other provision of this lease after thirty (30) days written notice and demand, Lessor' 'i' may terminate this lease immediately and require Lessee to remove or cause to be removed all of Lessee's equipment. Notwithstanding that termination, Lessee shall remain liable for all rents for the remaining term of this lease and all other obligations of Lessee to Lessor contained herein shall also survive. Lessee shall, in event of its breach of any provision of this lease, be liable for any and all costs incurred for removal of Lessee's antenna( e) and transmission lines from Lessor's Tower and for removal of transmitting equipment from space provided. Lessor shall not be liable for any damage to such equipment during its removal. 9. Renewal: Lessee shall have the right, upon at least sixty (60) days notice in writing to Lessor prior to the termination of this Lease, to renew this Lease for one additional term of one (1) year on the same terms and conditions of the original Lease except for the amount of the rent which Lessor may increase.. If Lessor intends to increase the rate, it will immediately, upon receipt of Lessee's written notice of intent to renew, notify Lessee of the new rate. Lessee may, within ten (10) days, then elect not to renew this Lease. 10. Assignment: Nothing in this Agreement shall prohibit Lessor from selling or transferring control of its television station or its Tower; provided, that the terms of this Agreement will be binding upon Lessor's buyer or assignee. Any rights not expressly granted to Lessee hereunder by Lessor shall be fully retained by Lessor. Lessee may not assign this Agreement to any other person or entity without Lessor's prior written consent. "Y . ~ 11. Notices: Communications or notices pursuant to this Agreement shall be sent to: A. LESSOR: Gray Communications Systems, Inc. WRDW-TV Post Office Box 1212 Augusta, GA 30903-1212 Attention: General Manager B. LESSEE: Augusta-Richmond County Municipal Building 530 Greene Street Augusta, GA 30901 Attention: Clerk of Council In witness whereof, Lessor and Lessee have caused this Lease to be executed on the date and year first mentioned above. .~ BY: TITLE: (LESSEE): ATTEST: af~~ Clerk of mmission