Monday, December 14, 2015

Reynolds / Church Back and Forth Over Tower

-----Original Message-----
From: Bill Reynolds
Sent: Thursday, March 29, 2012 8:19 AM
To: 'info@catholicradio.us'
Subject: RE: FW: Divine Word Tower lease

Gene,

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 would propose. 

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 incorporation

My best,
Bill

William H. Reynolds
City Administrator

City of Pensacola
222 W Main St.
Pensacola FL 32502
850-435-1623


 For Non-Emergency Citizen Requests
or visit Pensacola311.com

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 disclosure.

  
-----Original Message-----
Sent: Tuesday, March 20, 2012 3:37 PM
To: Bill Reynolds
Subject: Re: FW: Divine Word Tower lease

Bill,

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, downtime.

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 coverage?

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 this.

God bless,

Gene Church

> Gene,
> Please find the draft lease I discussed attached.  Let me know of any
> issues or concerns...
> My best,
> Bill
> 
> William H. Reynolds
> City Administrator
> City of Pensacola
> 222 W Main St.
> Pensacola FL 32502
> 850-435-1623
> 
> 
> For Non-Emergency Citizen Requests
> or visit Pensacola311.com<http://www.pensacola311.com/>
> 
> 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 disclosure.
> 
> From: Stephanie Tillery
> Sent: Tuesday, March 20, 2012 8:28 AM
> To: Bill Reynolds
> Subject: Divine Word Tower lease
> 
> Contains your latest revisions.
> 
> Stephanie Clark Tillery, Attorney
> City Attorney's Office
> City of Pensacola
> P.O. Box 12910
> Pensacola, Florida 32521
> (850) 435-1615
> For Non-Emergency Citizen Requests, Dial 311 or visit
> Pensacola311.com<http://www.pensacola311.com/>
> 

> 

No comments: