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Home My WebLink AboutMORRIS COMMUNITION COMPANY LEASE AMENDMENT .i , . • LEASE AMENDMENT THIS FTRST LEASE AMENDMENT (".Amendment"), made and entered into this 1 st day of August 201 l by and between AUGUSTA GEORGIA a political subdivision of the State of Georgia successor to Richmond County Georgia, a political subdivision of the /state of Georgia and successor by consolidation to the City Council of Augusta. Geargia, acting through the Augusta Aviation Commission, ("Lessor"), and Morris Communications Company , LLC, successor to Morris Communications Corporation a corporation organized and existing under the laws of the State of Georgia ("Lessee"). WITNESSETH WHEREAS, Lessor and Lessee entered into that Lease Agreement dated December 19, 1996 ("Lease") for the premises described in Exhibit "A" therein ("Premises"); WHEREAS, Paragraph 8 of the Lease prohibits use of the Premises for commercial purposes and prohibits subleasing; WHEREAS, Lessee desires to subiet portions of the Premises to AirMed, Inc., for commercial purposes and other entifies for aviation purposes; WHEREAS, Lessee and Lessor desire to amend Paragraph 8 of the Lease to permit the sublease to solely to AirMed, Inc., for commercial purposes and other entities for aviation purposes; and WHEREAS Lessor desires to revise the Insurance and Indemnity provisions and add Hangar Tenant Badge and Aviation Fuel paragraphs ta the existing lease. NOW THEREFORE, the parties hereto, for and in consideration of t�e mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of wluch is hereby acknowledged, DO HEREBY AGREE, each for itself and its successors and assigns, as follows: P'aragraph 8, Use of the Premises is hereby deleted in its entirety and replaced as follows: 8. Use of Premises. Lessee sha11 use the Premises herein leased solely for the purpose of storing, dispatching, repairing and receiving aircraft, subleases �vith other entities for aviation purposes and a sublease solely with AirMed, Inc., for commercial purposes. Lessee's occupancy and use of the Premises herein leases shall at all times be conducted in such a manner as not to create a hazard or limit the use of the Airpart by others. Page 1 of 6 � � Paragraph 1 S, Insurance and paragraph 16 Fire and Other Casualty are deleted in their entirety and replaced as follows: 15. Insurance. a. Lessee agrees to carry and maintain in force at all times during the Lease Term, at Lessee's sole expense, the insurance described in herein below for itself. The Parties understand and agree that the minimum limits of the insurance required herein may become inadequate during the Lease Term and that, if it in any way, directly or indirectly, contingently ar otherwise, affects or might affect the Airport or Augusta-Richmond County, as determined in the sole but reasonable discretion of the Airport Director, the Parties agree that Lessee will increase such minimum limits by reasonable amounts on vvritten request of the Aixport Director, with the concurrence of the Augusta-Richmond County Risk Manager. No written amendrnent of this Lease shall be required to effectuate said increases in minimum limits. Lessee agrees to maintain insurance with an Insurer rated "A" or better by AM Best with: 1) Comprehensive Aircraft Liabilit� & General Liabilitv. Lessee hereby agrees to maintain at all times at Lessee's expense, Comprehensive Aircraft Liability & General liability with a combined single limit of not less than $5,000,000 covering Lessee's operations. Coverage shall include bodily injury or death to person's in or about the facility and/or property damage to the facility and/or other aircraft stored in or about the Leased Premises resulting from Lessee's pre�entive maintenance, routine aircraft servicing, or minor repair activities. The foregoing insurance sha11 be endorsed to sta.te that it will be primary to Lessor's insurance and that the carrier waives its right of subrogation against Augusta-Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta-Richmond County, the �viation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall conta.in Severability of Interest Clause - and Contractual Liability coverage at least as broad as that given in the most current CG 00 Ol ISO form. 2) Worker's Compensation covering alI employees of Lessee employed in, on or about the Airport in order to provide statutory benefits in compliance with the applicable Workers' Compensation Act(s) of the State of Georgia, in amounts required by statute and Employer's Liability Insurance, with limits of liability of not less than One Million Dollars Page 2 of 6 L i ($1,000,000.00) for each accident/disease. Such policy(ies) shall be endarsed to state that the workers' compensation carrier waives its right of subrogation against Augusta-Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. 3) Automobile Liabilitv with a combined single limit of not less than $1,000,000 covering Lessee's automobiles while on and off Airport premises. However, if it is determined that Lessee's automobiles are used on the ramp or SIDA, it shall provide Automobile Liability with a combined single limit of not less than $5,000,000. The foregoing insurance shall be endorsed to state that it will be primary to Lessor's insurance and that the carrier waives its right of subrogation against Augusta-Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta-Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy sha11 contain Severability of Interest Clause and Contractual Liability coverage at least as broad as that given in the most current CA 00 O1 ISO form. 4) Han�ar Kee_per's Liabilitv in the amount of $5,000,000. The foregoing insurance sha11 be endarsed to state that it vvill be primary to Lessor's insurance and that the carrier waives its right of subrogation against Augusta-Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Said policy sha11 contain a Severability of Interest clause. 5) Builder's Risk Com„pleted Va1ue policy. During any period of construction on the Lessee's premises, a Builder's Risk Completed Value policy with an all-risk endorsement, and an Lessor and Contractor's protective policy in the minimum amounts determined by the Risk Manager. The foregoing insurance shall be endorsed to state that the carrier waives its right of subrogation against Augusta-Ri�hmond County Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representa.tives, volunteers, and employees. The Aviation Commission, Augusta-Richmond County Commission, the Aviation Commission, the Airport, and their officers, Page 3 af 6 � , agents, elected and appointed officials, representatives, volunteers, and employees shall be named as a loss payee on this policy. Said policy shail contain a Severability of Interest clause. 6) PropertY Insurance. To insure Lessee against loss or damage to the existing structure and any improvements due to fire, lightning and all other perils included in standard extended coverage palicies, plus vandalism and malicious mischief coverage, a11 in amounts of not less than ninety percent (90%) of replacement value. Upon request by the Aviation Commission, such replacement value shall be determined by a qualified appraiser, a copy of whose findings shall be submitted to the Risk Manager, and thereafter, proper adjustment in the limits of insurance coverage sha11 be effected. Said property need not be maintained by Lessee, if Lessee is renting or leasing improvement and Lessee's sublessee maintains the required insurance. The foregoing insurance shall be endorsed to state that the carrier waives its right of subrogation against Augusta-Richmond County, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, GA and the Aviation Commission shall be named as loss payees on any Property coverage. Said policy shall contain a Severability of Interest clause. b. Lessee may provide the eoverage shown above via umbrella and/or excess policies. Lessee agrees to f�xrnish an annual certificate of insurance to Lessor within ten (10) working days after execution of this Lease and be given a 30- day notice of any cancellation or policy changes. 16. Indemni . Lessee agrees to indemnify and hold harmless Airport, the Augusta Richmond Board of Commissioners and the Augusta Aviation Commission, and its members, officers, elected officials, agents, servants, employees and successors in office from any and all claims including reasonable attomey's fees and expenses of litigation incurred by Airport in connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about Airport property which are in any way related to or arising out of any failure of Lessee to perform its obligations hereunder during the period from the date of this Lease to the end of the Lease Term. Lessee further agrees that the foregoing contract to indemnify and hold harrnless applies to any claims for damage or injury to any individuals employed or retained by Lessee in connection with any changes, additions, alterations, modifications and/or improvements made to the Premises, and hereby releases Airport from liability in connection with any such claims. New paragraph 23, Hangar Tenant Badge is inserted as paragraph 23 as follows: Page 4 of 6 23 Han�ar Tenant Bad�e a. Flight crews are required to obtain an Airport's Hangar Tenant Badge prior to operating unescorted in the Airport Operations Area (AOA) i.e., restricted area. Flight crews are required to escort their own passengers, while inside the AOA. b. Lessee shall ensure that all persons performing operations in the AOA and associated with tenant's activities shall be properly badged or escorted. c. Hangar Tenant Badg� authorizes th� b�arer unescorted acc�ss to and transit between the footprint of Hangar One/Two, aircraft, and fixed base operator (FBO) only. Hangar Tenant Badge does not authorize the individual to operate a vehicle in the A�A. d. To qualify for tenant badge, each individual must satisfactorily completed both a backgr�und inves#igarion �nd badge training consistent �vith Transportation Security Administration (TSA) regulations. This may include collection of appropriate criminal history information, contractual and business associatians and practices, employment histories, reputation in the business community and credit reports for the Lessee as well as Le�see's employees. Lessee consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. e. Lessee will pay cost associated with providing badge(s). £ Lessee's failure to comply with Hangar Tenant Badge procedures is considered in default. New paragraph 24, Aviation Fuels is inserted as paragraph 24 as follows: 24. Aviation Fuels: It is understaod and agreed by the parties hereto that Lessor has reserved unto itself exciusive control of the storage, sale and dispensing of all oil and aviation gasoline, kerosene, jet fuel or any other fuels now available, or that may becorne available during the term on this Lease, on or about Augusta Regional Airport including, but not limited to, the Premises herein leased. In addition, no oil, aviation gasoline, automobiie gasoline, kerosene, jet fixel, sha11 be stored or brought upon the Premises for use or resale by Lessee or its customers, guests or patrons, other than fuels and oils purchased from Lessor for Lessee's sole use. (BALANCE OF PAGE LEFT BLANK 1NTENTIONALL� Page 5 of 6 IN WITNESS WHEREOF, the parties have executed the Agreement as of the day and year first written above. Lessor Lessee AUGUSTA AVIATION COMMISSION MORRIS COMMUNICATIONS COMPANY, LLC. Jay Forrester William S. Mo 's Printed N� Printed Nam C� � � � Sig a e Signature Chairman Chairman & CEO Title Title �N w � �� °ZO �� Date Date AUGUSTA RICHMOND COUNTY, GEORGIA � BY: �� '�/"�.'— ��`� �� z ;/i ( AS ITS: MAYOR , _ , . _... . . f� � ; - -� �� ATTEST: LE �� : � �� m. � �� , o �, ATTEST: & , � a A t L I� �' * `a • �e �, : � � � '��` _:�, � : � � � �� °� ._'�� `-� �, � � �. ��' � � � �, �, �r .�� V 1 �� 54 :?�`� J �� 4tj � ` (B��,t��GE OF�.P� LEF'I' BLANK INTENTIONALLY) �..�.,� „�;�.,.,,-- »_ .., _�._ ..._, .... �.,W �... ��° r�..__ c .,rc