This blog is a place to share ideas and create discussion on issues that affect us all in the City of Pensacola. I look forward to bringing you useful and timely information. Please email me or post a comment to this blog when you have something to share.
Monday, December 14, 2015
Reynolds / Church Back and Forth Over Tower
From: Bill Reynolds
Sent: Thursday, March 29, 2012 8:19 AM
Subject: RE: FW: Divine Word Tower lease
Here is our take on your concerns.
In regards to "Broadcast Facility vs. Radio
Broadcast Facility" - This agreement contemplates radio. If you want to expand the scope in the future
you can certainly request amendment.
Change from "Prior" to "following" on
the removal - We can agree to amend to a date certain. If two weeks will suffice, we can make it
"no less than fourteen days after..."
In Section 9, Assignment and Subletting - We are
comfortable with the language as is.
However, please provide the language on survivorship and assignment you
Limit on Insurance Coverage - The $1,000,000 limit refers
to the general liability limit of insurance.
It is not related to the cost of the structure. There is a provision in the lease for the
Tenant to acquire and maintain property insurance which would be in the amount
of the cost of the structure. The
general liability limit is for claims alleging bodily injury or property damage
based on a negligent act of the insured.
A limit of $1,000,000 for general liability is generally the standard
and we would not change this limit for general liability.
Auto policy - We can agree to revise the language to
require that evidence of automobile liability coverage be provided for anyone
who will be accessing the tower. Minimum
limits of $300,000 combined single limit would be sufficient and that can be
personal automobile insurance.
"Divine Word Communications" - We can change
it. Please provide the proper signature set-up according to your Florida
Notice: Florida has a very broad public records
law. Most written communications to or from state and local officials
regarding government business are public records available to the public and
media upon request. Your email communications may be subject to public
Thanks for getting this to me. On the first read through, I see a few
problems that may need to be addressed.
First of all, I would prefer to refer to our lease as a "Broadcast
Facility" as opposed to a "Radio Broadcast Facility." The reason is that across a 20 year period,
licensing and technology could change such that what we are doing digitally
might not be referred to as radio, and it may seem quaint over time.
In Section 3, I would prefer that it be changed from
"Prior" to "following" on the removal. Otherwise, we will have to go off the air for
a period of time. If we construct the
new tower, we can swap over and remove the old one with little, to no,
In Section 9, Assignment and Subletting, the language is
a little problematic. To help pay for
the costs of the tower, I would be literally subletting space on the tower to
others. Usually, these leases would also
be assignable in case we ever sold the station to someone else, since they are
usually purchasing the antenna with the station. Usually, these clauses include some type of
right of survivorship and assignment.
While I recognize that the insurance language appears
boilerplate, given the costs associated with the structure is inside $100,000,
would it be possible to set the limit at $500,000, versus $1,000,000 in
The language calls for a business auto policy. We do not have business autos, so I am not
certain about this coverage provision.
I saw that you use the name "Divine Word
Communications" in the Lease.
This is, in fact, the official name of our business, but
in Florida, we are required to use the name "Divine Word Radio, Inc."
I haven't checked the legal description in Exhibit A, but
I assume the description matches the other lease.
Thank you so much for your assistance on this. I am looking forward to moving ahead with
> Please find the draft lease I discussed
attached. Let me know of any