HomeMy WebLinkAboutVALUEBOARDS OUTDOOR ADVERTISING LEASE AGREEMENT
AUGUST A RICHMOND COUNTY
AND
V ALUEBOARDS OUTDOOR ADVERTISING
LEASE AGREEMENT
THIS AGREEMENT dated this \ s..!.- day of 0 c. )-o.h.e ( , 2009 is by and between
Augusta Richmond County, a body corporate and politic created by the General Assembly of the
State of Georgia ("Landlord"), whose address is 530 Greene St. Augusta, GA 30901 and
ValueBoards Outdoor Advertising, whose address is 111 10th Street, Augusta, Georgia 30901
(hereinafter V alueBoards). Said lease affects property located at Daniel Field Airport
(hereinafter the Airport).
For and in consideration of the Premises described below, Landlord and ValueBoards
agree as follows:
1. PROPERTY. Landlord is the owner of that certain real property (the "Property")
known as 3090 Wrightsboro Road, Augusta, GA 30909, which Property is more particularly
described on Exhibit "A" attached hereto and incorporated herein by this reference.
2. LEASED PROPERTY. Landlord hereby grants and leases to ValueBoards and
ValueBoards accepts the grant and leases from Landlord that certain portion of the Property,
being an area 3 feet by 3 feet (the "Premises") which is rendered on the site plan attached hereto
as Exhibit "B" and incorporated herein by reference, to have and to hold upon the terms and
conditions contained in this Lease.
3. TERM. The Principal Term shall be for a period of Five (5) years and shall
commence upon the acceptance and delivery of this lease by the Landlord and continue until
terminated the earlier of either upon thirty (30) days prior written notice, for any reason, by
either party.
4. RENT and LATE PAYMENTS. ValueBoards shall pay rent to Landlord yearly
in the amount of $1,700 per year to lease said Property. Said rent is due upon the execution and
delivery of the contract by the Landlord and shall be paid each subsequent year on that same
date. Rent shall be made payable to the General Aviation Commission and mailed to:
DANIEL FIELD
1775 HIGHLAND AVE
AUGUSTA, GA 30904
Attn: Airport Manager
In the event LANDLORD fails to receive any rental payment within 15 days after the
same is due, a Late Payment penalty equal to 10% of such payment shall be charged to
ValueBoards. In the event ValueBoards shall become delinquent for more than 45 days, this
Lease may be terminated by LANDLORD as further defined in Section 22 Default.
5. LIMIT A TIONS ON USE BY V ALUEBOARDS. The Premises shall be used
for the display of a billboard and related ancillary purposes and for no other purposes. In
connection with the exercise of its rights under this Agreement, ValueBoards shall not:
a. Do or permit its agents, employees, directors, or officers to do anything at
or about the Airport that may interfere with the effectiveness or
accessibility of the drainage and sewage system, electrical system, air
conditioning system, fire protection system, sprinkler system, alarm
system, and fire hydrants and hoses, if any, installed or located on or
within the premises of the Airport.
b. Do or permit its agents, employees, directors, or officers to do any act or
thing upon the Airport that will invalidate or conflict with any fire or other
casualty insurance policies covering the Airport or any part thereof.
c. Bring, keep or store, at any time, flammable or combustible liquids on the
premises, except in storage containers especially constructed for such
purposes in accordance with federal, state, and county laws, including the
Uniform Fire Code and the Uniform Building Code. For the purposes of
this agreement, flammable or combustible liquids shall have the same
definitions as set forth in the most recent Uniform Fire Code.
d. .Do or permit its agents, employees, directors, or officers to do any act or
thing upon the Airport that will jeopardize the Airport's operating
certificate.
e. Do or permit its agents, employees, directors, or officers to do any act or
thing in conflict with the Airport's security plan.
f. The Premises shall not be used for any illegal purposes, nor in violation of
Federal Aviation Administration (FAA), TSA and/or the Airport's rules or
regulations, asamended from time to time, or any regulation of any other
governmental entity.
g. Use the Premises in any manner that will create any nuisance or trespass
with respect to other tenants; constitute any unreasonable annoyances,
obstruction or interference with operations; or in any manner interfere
with, obstruct, block or violate in any manner, the navigable airspace
above the Airport in compliance with 14 C.F.R. ~ 77,5 and/or other
regulations as implemented by the Airport, the FAA or as may be
implemented by the TSA. ValueBoards shall promptly remove its
billboard if it becomes an obstacle in the airspace above the Airport,
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h. Install any billboard not in compliance with the Augusta Richmond
County zoning and/or sign ordinances or make any modifications to any
billboard which shall violate the zoning and/or sign ordinances.
6. EASEMENT. ValueBoards is hereby granted an easement for vehicular and
pedestrian ingress and egress and access across, over, to, from and between the Property, any
adjacent property owned or controlled by Landlord, and the Premises, to erect, maintain, service,
remove and reposition (if subsequently necessary) an outdoor advertising and/or
media/communication structure (such structure, including necessary supports, footings, lighting
and electrical devices, power poles and connections are hereinafter collectively referred to as the
"Billboard") on the Property for such use or uses as permitted by law and by this Lease.
However, ValueBoards' installation of any lighting shall be subject to the approval of the Airport
and the FAA. The foregoing easement includes all necessary areas over, across and under the
Property to provide for the construction, maintenance, service and display of advertising copy,
repositioning and removal of the Billboard and to provide for the installation and maintenance of
electrical and telephone/communication service to the Billboard, if necessary, Landlord further
grants an easement to ValueBoards, together with air space, for the purpose of overhang of the
Billboard onto the Property.
7. EXCLUSIVE POSSESSION. As of the commencement date of this Lease and
for so long there is no breach of its obligations and duties set forth herein, ValueBoards shall
remain in the exclusive possession of the Premises subject to the right of others to use the
common areas adjoining or contiguous to the Premises.
8. ASSIGNMENT AND SUBLETTING. ValueBoards shall not sublet all or any
portion of the Premises, nor assign or transfer this right of occupancy, or modify the permitted
use, without prior written consent of the Landlord.
9. UTILITY CHARGES, ValueBoards agrees to directly contract and pay for all
charges for the hookup (if any) and its actual usage of any utilities or services, including without
limitation, electricity, gas, trash and waste services.
10. ALTERATIONS, MAINTENANCE AND REPAIRS. No structural changes,
alterations or additions to the Premises shall be made by ValueBoards without prior written
consent of the Landlord, both as to whether the alterations may be made and as to how and when
they will be made. All costs associated with said alterations and/or improvements shall be the
sole responsibility of ValueBoards, Prior to the start of any construction all applicable licenses,
site plan approvals and building permits must be obtained. Additionally, ValueBoards shall
submit any forms required by the FAA.
11. ENTRY AND INSPECTION. ValueBoards shall permit the Landlord and its
employees, agents, and contractors at all reasonable times during normal business hours and at
any time in case of emergency, in such manner as to cause as little disturbance to ValueBoards as
reasonably practicable to enter upon the Premises for the purpose of inspecting and/or
maintaining the same as necessary.
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12. LANDLORD'S COVENANTS. Landlord covenants and warrants that Landlord
is either the owner, agent of the owner, or an authorized lessee of and power to sublease the
Property and that Landlord has full power and authority to enter into and perform under the
covenants of this Lease, including, without limitation, leasing the Premises and authorizing the
construction of the Billboard at the location provided. Landlord grants to ValueBoards quiet and
peaceful enjoyment of the Premises during the Term of this Lease. Landlord and ValueBoards
agree that this Lease or a Memorandum hereof may be recorded in the appropriate real estate
records or the county in which the Property is located.
13. NO OBSTRUCTIONS. Subject to Airport, FAA and/or TSA regulations, rules
and requirements, the Landlord agrees not to erect, place, construct or maintain any
improvement, structure, display, vegetation (including any trees, shrubs, or other vegetation), or
any other object on the Property, which would in any manner, partially or completely, obscure or
obstruct the view(s) of ValueBoards Billboard, or permit any third party, over which it can
exercise control, to do so. ValueBoards has the right to cut and/or remove any obscuring or
obstructing vegetation at its expense. ValueBoards shall promptly remove its billboard if it
becomes an obstacle in the airspace above the Airport.
14. INDEMNITY AND INSURANCE
a. ValueBoards shall indemnify, defend and hold the Landlord harmless from
and against any and all injury, loss, damage or liability (or any claims in
respect of the foregoing), costs or expenses (including reasonable attorneys'
fees and court costs) arising directly or indirectly out of the use,
maintenance, or repair of the Premises or ValueBoards' breach of any
provision of this Lease, except to the extent solely attributable to the gross
negligence or intentional act or omission of the Landlord, its employees, or
agents.
b. ValueBoards agrees to carry, at its own cost and expense, general liability
insurance in the amount of One Million Dollars ($1,000,000.00) during the
Term of this Lease. The Certificate of Insurance must name Augusta
Richmond County, its Board of Commissioners, and the General Aviation
Commission as additional insureds. Such insurance shall be provided to the
Airport Director prior to the start of any construction. Any changes in the
insurance policy shall be immediately reported to the Landlord.
c. ValueBoards shall report any accidents involving personal InJury,
automobile or property damage occurring on the Airport to the Airport
Manager as soon as practicable, and in no event later than 48 hours after
such occurrence.
15. AIRPORT SECURITY/ACCESS. ValueBoards, at its sole expense, shall be
responsible to comply with any and all security requirements arising out of its use or occupation
of the Premises:
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a. ValueBoards shall notify the Airport Manager in advance, providing date and
approximate time, of any planned maintenance, service or installations,
b No person may operate any motor vehicle on the Airport without a valid
Operator's license. All ValueBoards employees or agents shall attend Airport
ground vehicle operation and access training prior to being permitted to drive
on the Airport to service the billboard to ensure that they have the appropriate
level of Airport rules and regulations. ValueBoards shall be responsible for
the costs of such training and any badging and/or licensing requirements. All
drivers shall comply with airside vehicular traffic regulations,
c. No person shall enter into any Airport operations areas, aircraft parking apron,
taxiway, runway, hanger or other restricted area unless authorized by the
Airport Director or his designee.
d. No materials or equipment shall be left or stacked in such a manner so as to
constitute a hazard to Airport personnel or property.
16. ASSIGNMENT AND SUBLETTING. ValueBoards shall not sublet all or any
portion of the Premises, nor assign or transfer this right of occupancy, or modify the permitted
use, without prior written consent of the Landlord.
17. TERMINATION RIGHT. If at any time (i) the view of Value Boards' Billboard
is obscured or obstructed, (ii) the use or installation of such Billboard is prevented or restricted
by law or by ValueBoards' inability to secure and maintain any necessary permits or licenses;
(iii) ValueBoards is unable, for any period of ninety (90) consecutive days or more, to secure and
maintain a suitable advertising contract for the Billboard; or (iv) Landlord otherwise defaults
hereunder, ValueBoards may, at its option, terminate this Lease by giving Landlord thirty (30)
days written notice.
18, CONVEYANCE. Any transfer or conveyance of the Premises, or any interest
therein to a third party is subject to this Lease. In the event of a change of ownership of the
Property, Landlord agrees to promptly notify ValueBoards and provide the new landlord with a
copy of this Lease, Landlord may terminate this lease in the event the Property is sold or
transferred; however, should Landlord elect not to terminate this lease, any new owner is subject
to this lease through its term,
19. CONDEMNATION. In the event that all or any part of the Premises is acquired
or sought to be acquired by any entity having or delegated the power of eminent domain,
ValueBoards shall be permitted to (i) contest the acquisition or defend against the taking of
ValueBoards' interest in the Property; (ii) relocate the Billboard and appurtenances onto any
portion of the Premises not acquired or to be acquired; and/or (iii) be compensated from any
award or consideration payable by the acquiring entity for all costs, damages and value loss
incurred by ValueBoards relating to its leasehold, as improved with the Billboard, Landlord
does not waive its rights to exercise its powers of eminent domain.
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20. IMPROVEMENTS. The Billboard, and all the outdoor advertising structures,
power poles, materials and equipment placed on the Property by ValueBoards are and shall
remain the property of ValueBoards and may be removed by ValueBoards at any time prior to or
within sixty (60) days after the termination of this Lease or sooner if directed to do so by
Landlord. At the end of the lease ValueBoards agrees to remove the Billboard and restore the
surface to its natural condition.
21. WAIVER. Failure of any party to insist upon the strict performance of any of the
terms, conditions, and covenants herein shall not be deemed a waiver of any right or remedies
that such party may have, nor shall a waiver on one occasion constitute or be construed as a
waiver of any subsequent breach or default in the terms, conditions, and covenants herein
contained.
22. DEFAULT AND RIGHT TO CURE, ValueBoards shall be deemed in default
and breach of this Lease if:
a. ValueBoards fails to pay its rent when due to the Landlord; or
b. ValueBoards fails to perform any other term or condition under this Lease.
No such failure, however, will be deemed to exist if ValueBoards has
commenced to cure such default within thirty (30) days of the event of
default and provided that such efforts are prosecuted to completion with
reasonable diligence.
c. If ValueBoards remains in default beyond any applicable cure period, the
Landlord will have the right to exercise any and all rights and remedies
available to it under law and equity.
23. MISCELLANEOUS PROVISIONS.
This Lease contains the entire understanding between the parties hereto with respect to
the Premises and there are no promises, agreements, conditions, undertakings, warranties
or representations, oral or written, express or implied, between and among the parties
hereto with respect to the property other than as set forth herein. No change or
modification of the Lease shall be valid unless the same is in writing and signed by all
parties hereto. No purported or alleged waiver of any of the provisions of this Lease shall
be valid or effective unless in writing signed by the party against whom it is sought to be
enforced.
a. The Lease shall be governed by and construed in accordance with the laws
of the State of Georgia without regard to choice of law provisions, Captions
herein are for convenience or reference only and in no way define, limit or
expand the scope or intent of this Lease. Whenever the context hereof shall
so require, the singular shall include the plural, the male gender shall
include the female, and vice versa. This Lease may be executed in two or
more counterparts, all of which together shall constitute but one and the
same Lease. In the event that one or more of the provisions hereof shall be
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held to be illegal, invalid or enforceable, such provisions shall be deemed
severable and the remaining provisions hereof shall continue in full force
and effect.
b. Nothing contained in this Agreement shall be construed to be a waiver of the
Landlord's sovereign immunity.
c. It is specifically agreed between the parties executing this Lease that it is not
intended by any of the provisions of this Lease to create in the public or any
member thereof, third party beneficiary status in connection with the
performance of the obligations herein.
d. Nothing contained in this Agreement shall be construed to be a waiver of
any individual's qualified good faith immunity.
e. ValueBoards understands that all operations, uses and occupancy of the
Premises must be in strict compliance with all TSA, FAA, Airport rules and
regulations, grant requirements, rules and regulations, and related provisions
for airport use and operations without restrictions or limitations.
ValueBoards further agrees that, in the event there is a question of
interpretation, it will comply with the Landlord's interpretation of such
requirements, rules, laws and regulations, as and when notified by the
Landlord of its interpretation, time being of the essence. This provision
supersedes any other provision of this Lease which may be in conflict
therewith. Any default by ValueBoards shall permit the Landlord to
immediately terminate the Lease as a non-exclusive remedy.
f. All leased property shall be maintained in such condition of repair,
cleanliness and general maintenance as shall be acceptable to the Airport
and the Landlord.
g. ValueBoards's refusal to comply with the rules and regulations of the
Airport shall, after written request to do so by the Airport or the Landlord,
shall be requested to leave the Airport.
24. NOTICE. All notices are effective upon dispatch and must be in writing and
delivered by mail, personal delivery or commercial courier to Landlord and ValueBoards at the
respective addresses set forth above.
25. CHOICE OF LAW, JURISDICTION, VENUE. This Lease shall be governed
and construed in accordance with the laws of the State of Georgia. In any action or proceeding
arising under this Lease, the Superior Court of Richmond County, Georgia, and/or the United
States District Court for the Southern District of Georgia, Augusta Division, shall have and may
exercise exclusive personal jurisdiction over all of the parties hereto, and in any such action or
proceeding venue shall be proper in either of said courts. In any such action or proceeding,
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service of process upon any party may be perfected, in addition to any other manner provided by
applicable law, by personal delivery or by mail in accordance with Section 24 hereof.
26. ENTIRE AGREEMENT. This Lease represents and constitutes the entire
understanding between the parties and supersedes all other agreements and communications
between the parties, whether oral or written, concerning the subject matter herein. Any
amendment to this Lease must be in writing and signed by the parties hereto and adopted in the
same fashion as this Lease.
27. SUCCESSOR AND ASSIGNS. The terms and conditions of this Lease shall be
binding upon and inure to the benefit of the parties hereto and their respective heirs, personal and
legal representatives, Successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease under seal on the date
above written.
W. 5~ ?7C- (L.S.) Date: 7- d-;l- 0 ~
ValueBoards Outdoor Advertising
1 \ 1 16 tl. 51"-.
~u~u5)"'r G-~ .~o~ol
706 - 7~7 - DOSO
~.~ By:
Landlord Signature
Address
Phone
~~~oC(
SIG'~ SEALED ~ DEL~VERED
this day of ~7
.'/?I/t(1 W 1Jz.<iry
WIt ss 1/7
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, 20(ll
SIGNED, SEALED and DELIVERED
this_day of ,20_
Witness
. Georgta
My Commission Expires Dee. 2. 2011
Notary Public
Acceptance Date
Acceptance Date
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EXHIBIT" A"
DescriDtion
That certain part of 3090 Wrightsboro Road that is located within the fence of Daniel field
at the corner of Damascus and Wrightsboro approximately 15' inside the fence from
Wrightsboro Road and approximately 6' inside the fence of Damascus Road.
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EXHIBIT "B"
Site Plan
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August 18, 2009
Mr. Willis Boshears
Director - Daniel Field
1775 Highland Avenue
Augusta, GA 30904
Dear Buster:
office of The Administrator
Frederick l. Russell, Administrator
Tameka Allen, Interim DepU1)' Administrator
Robert Leverett, Interim Deputy Administrator
Room 801 - Municipal Building
530 Greene Street- AUGUSTA, GA. 3.0901
(706) 821-2LWO- FAX (706)821-2819
www.augustaga.gov
The Augusta-Richmond County Commission, at their regular meeting held on Tuesday, August 18, 2009, 'approved
Valueboards Contract. (Approved by Public Services Committee August 10, 2009)
If you have any questions, please contact me.
Allen
Interim Deputy Administrator
cc: Ms. Donna Williams
Ms. Geri Sams
08-18-09: #17