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Home My WebLink AboutPARKING EASEMENT AGREEMENT WAGT TELEVISION INC STATE OF GEORGIA ) RICHMOND COUNTY ) PARKING EASEMENT AGREEMENT THIS AGREEMENT made this 1 S day of November, 2010 between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "AUGUSTA ") and WAGT TELEVISION, INC., a South Carolina corporation authorized to do business in Georgia (hereinafter referred to as "WAGT "), WITNESSETH: WHEREAS, AUGUSTA is simultaneously with the execution of this Agreement purchasing from WAGT the property described on Exhibit A attached hereto (hereinafter referred to as the "Parcel A "); and WHEREAS, WAGT is the owner of the property described on Exhibit B attached hereto (hereinafter referred to as "Parcel B "); and WHEREAS, AUGUSTA is the owner of the property adjoining Parcel A, described on Exhibit C attached hereto (hereinafter referred to as "Parcel C "); and WHEREAS, as a condition of its purchase of Parcel A from WAGT, AUGUSTA has agreed to convey to WAGT the easements described hereinbelow. NOW, THEREFORE, For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration AUGUSTA hereby conveys to WAGT two easements, as follows: 1. TEMPORARY CONSTRUCTION PARKING EASEMENT. AUGUSTA hereby grants to WAGT a non - exclusive easement appurtenant to and for the benefit of Parcel B, over, in, upon, and across the property shown on Exhibit A -1 (hereinafter referred to as "Parcel A -1 ") from the date hereof until and through the date of completion of the construction of a parking deck (the "Parking Deck ") to be constructed on and over portions of Parcel A and Parcel C; said easement being for the following purposes and upon the following conditions: (a) for the parking of passenger vehicles and other vehicles used by WAGT in its business, and for pedestrian and vehicular traffic by and for the owner of Parcel B and its respective heirs, successors, grantees, mortgagees, tenants, subtenants, guests and invitees and all persons who now own, hold, or hereafter own or hold portions of real property within Parcel B or leasehold estate, or any interest therein, or building space thereon; and their respective tenants and subtenants thereof; and the officers, directors, concessionaires, employees, customers, visitors, and other licensees and invitees of any of them, and (b) for the ingress, egress, and regress of any of the above designated persons, and their vehicles, to and from any portion of Parcel A -1 and public streets adjacent thereto. (c) WAGT acknowledges and agrees that from time to time during the construction of the Parking Deck access to all or a portion of Parcel A -1 may be restricted or otherwise impaired and that during such periods of time AUGUSTA will provide alternate parking spaces for the use of WAGT and all of the above designated persons, equal to the number of parking spaces rendered temporary inaccessible on Parcel A -1 at such other location(s) as provided to other property owners whose parking has been eliminated as a result of the construction of the Parking Deck. (d) AND ALSO, as a part of this temporary parking easement, AUGUSTA hereby agrees to reserve to the use of WAGT and all other persons named above thirteen (13) parking spaces on the north sid of Jones Street, to the extent this can be done without hindrance to construction of the Parking Deck, during the time of construction of the Parking Desk PERMANENT EASEMENT FOR PARKING, INGRESS AND EGRESS. Effective upon the completion of construction of the Parking Deck and the termination of the temporary easement described in paragraph (1) above, AUGUSTA hereby grants to WAGT a non - exclusive permanent easement appurtenant to and for the benefit of Parcel B over, in, and upon, the Parking Deck and unreserved parking areas located on Parcels A and C for the following purposes and upon the following conditions: (a) for the parking of twenty seven (27) passenger vehicles and other vehicles used by WAGT in its business and for pedestrian and vehicular traffic of the owner of Parcel B and its respective heirs, successors, grantees, mortgagees, tenants, subtenants, guests and invitees and all persons who now own, hold, or hereafter own or hold portions of real property within Parcel B or leasehold estate, or any interest therein, or building space thereon; and their respective tenants and subtenants thereof; and the officers, directors, concessionaires, employees, customers, visitors, and other licensees and invitees of any of them, and (b) for the ingress, egress, and regress of any of the above designated persons, and their passenger vehicles, to and from any portion of Parcel A or Parcel C and public streets adjacent thereto, and (c) for the parking of passenger vehicles by WAGT or the owner of Parcel B shall be consistent with reasonable rules, regulations and restrictions imposed by AUGUSTA, its successors or assigns, as may be modified or changed from time to time, and unless otherwise agreed by AUGUSTA, none of the parking spaces shall be reserved or otherwise restricted to the exclusive use by WAGT or the owner of Parcel B. In the event, however, that WAGT shall require some of it allotted spaces to be of a higher clearance than normal passenger vehicles, so as to accommodate vehicles used in WAGT's business, AUGUSTA shall provide such to the extent possible given the configuration of the Parking Deck. (d) In the event that AUGUSTA, or its successors or assigns, should elect to charge a fee or impose any other restriction or cost for the right to access or parking in the Parking Deck, no such fee or restriction or cost shall be paid or borne by WAGT or any of the persons designated above. Should AUGUSTA elect at any time to require identification cards or other means of access to the Parking Deck, WAGT will be provided with 27 such cards or other means of access, without charge. (e) DAMAGE TO PARKING DECK. In the event that the Parking Deck is destroyed or damaged in such a manner as to render the Parking Deck unsafe or unsuitable for the parking of vehicles, and AUGUSTA elects not to replace or repair the Parking Deck, then in such event AUGUSTA shall provide WAGT with reasonably suitable permanent alternate parking for twenty seven (27) passenger vehicles and other vehicles used by WAGT in its business, at no cost to WAGT and upon the terms and conditions hereof, as the same may be reasonably modified, whereupon this easement shall automatically terminate. MISCELLANEOUS. 1. This agreement may be modified amended in whole or in part or terminated at any time by the mutual written agreement of the respective owners of said tracts or their successors in title. 2. All the easements, restrictions, and agreements provided for herein shall run with the land and shall constitute a use for the benefit of Parcel B burdening Parcels A and C. The easements provided for herein shall inure to the benefit of and be binding upon the respective successors, successors -in- title, assigns, heirs, and tenants of each party hereto and the customers, employees, and invitees of such parties, and shall remain in full force and effect and shall be unaffected by any change in ownership of Parcels A, B or C, or any of them, or by any change of use, demolition, reconstruction, expansion, or other circumstances, except as specified herein. 3. References to "AUGUSTA" shall include the Augusta Richmond County Board of Commissioners, its Mayor, it employees and its successors and assigns. 4. References to "WAGT" or the "owner of Parcel B" shall include WAGT Television, Inc., its successors, grantees, mortgagees, tenants, subtenants, guests and invitees and all persons who now own, hold, or hereafter own or hold portions of real property within Parcel B or leasehold estate, or any interest therein, or building space thereon; and their respective tenants and subtenants thereof; and the officers, directors, concessionaires, employees, customers, guests, invitees, visitors, and other licensees and invitees of any of them. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers authorized hereto, and their seals affixed, as of the date first above written. 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