Exhibit 10.05.06
LEASE
-----
THIS LEASE is made and entered into as of the 1st day of January, 1989, by
and between SALEM BROADCASTING COMPANY, a California general partnership,
hereinafter referred to as "Landlord" or "Lessor", and GOLDEN GATE BROADCASTING
COMPANY, INC., a California corporation, hereinafter referred to as "Tenant"
or "Lessee".
In consideration of the following covenants, agreements, conditions and
representations, the parties agree as follows:
1. Property Leased. Landlord hereby leases to Tenant and Tenant hereby
---------------
rents from Landlord on the terms, covenants and conditions hereinafter set
forth, those certain premises and appurtenances located in Hayward, California
and described on Exhibit A attached hereto (the "premises" or the "leased
premises").
2. Term; Option to Extend. The term of this Lease is five (5) years,
----------------------
commencing on the date hereof and terminating five (5) years from that date.
Tenant shall have the option, if Tenant is not at the time in default under this
Lease, to extend the term of this Lease for up to two (2) successive periods of
five (5) years each, and, except as set forth in Paragraph 4, below, on the same
terms, covenants and conditions herein contained. Each option to extend the term
shall be exercised only by Tenant's delivery to Landlord by United States mail
on or before 90 days prior to the commencement of the renewal term of written
notice of Tenant's election to extend as provided herein.
3. Use.
---
(a) The premises shall be used to operate a radio station,
including, but not limited to, operation of a directional antenna system
including a transmitter for use in connection with the operation of a radio
station, and for such uses as are incidental or customarily related thereto. The
premises shall not be used for any other purpose without Tenant first obtaining
the written consent of Landlord thereto.
(b) Landlord agrees that in the event an inspection by any
municipal or governmental authority results in a citation or order being issued
requiring the correction of any condition existing on the leased premises at the
time they were made available to Tenant, Landlord shall at its expense remedy
said condition within a reasonable period of time; provided that Landlord shall
have the right to dispute any such order and shall
be required to correct said condition only after it has exhausted its rights to
appeal or review of said order or citation. Tenant agrees that it will comply
with all laws, ordinances, orders, rules, regulations or requirements of all
governmental authorities which are applicable to its use and/or occupancy of the
leased premises. Notwithstanding the foregoing, either Landlord or Tenant shall
have the right to contest by appropriate proceedings the validity and/or
applicability of any such laws, ordinances, orders, rules, regulations and/or
requirements.
4. Rent. Tenant shall pay rent to Landlord during the term of this
----
Lease as follows;
4.1. During the first five (5) years of this Lease, the amount of Eleven
Thousand Dollars ($11,000.00) per month.
4.2. During the first (5) year extended term of this Lease, a monthly
amount equal to one (1%) of the appraised value of the leased premises as of the
commencement of the extended term as determined by an appraiser mutually
selected by Landlord and Tenant not later than fifteen (15) days after Tenant's
delivery of the election to extend the term of the Lease under Section 2, above.
The cost of the appraisal shall be paid by Tenant.
4.3 During the second five (5) year extended term of this Lease, a
monthly amount equal to one (1%) of the appraised value of the leased premises
as of the commencement of the extended term as determined by an appraiser
mutually selected by Landlord and Tenant not later than fifteen (15) days after
Tenant's delivery of the election to extend the term of the Lease under Section
2, above. The cost of the appraisal shall be paid by Tenant.
4.4 Rent shall be payable in lawful money of the United States to
Landlord at 0000 Xxxxxxxxx Xxxxx, Xxxxx 00, Xxxxxxxxx, Xxxxxxxxxx 00000 on the
first day of each month.
5. Taxes and Assessments. Tenant shall pay all real property taxes,
---------------------
governmental special assessments and land benefit charges levied against the
real property leased to Tenant herein and which are applicable to the period
beginning with the commencement of this Lease. Tenant shall pay before
delinquency all general and special taxes, licenses, fees, charges or taxes
imposed by any governmental entity by reason of the Lease, Tenant's occupation
or use of the leased premises or Tenant's activities thereon. In addition,
Tenant shall pay all taxes levied against the personal property of Tenant or
improvements installed by Tenant becoming a part of the real property of every
2
description, maintained on and used by Tenant in connection with the leased
premises. All of such charges, costs, and expenses shall constitute additional
rent, and upon the failure of Tenant to pay any of such costs, charges or
expenses, Landlord shall have the same rights and remedies as otherwise provided
in this Lease for the failure of Tenant to pay rent.
6. Improvements. The term "improvements" as used herein means any
------------
improvement, addition or change to the leased premises, any alteration of the
leased premises, or anything placed, installed or constructed in, on or upon the
leased premises, whether or not characterized by law as a fixture, but does not
include the Tenant's personal property.
Tenant shall not make, or permit to be made any structural improvements or
alterations, in, on, or to the leased premises or any part thereof without the
prior written consent of Landlord, which consent shall not be unreasonably
withheld; provided that the improvements shall not lessen the value of the
leased premises. Any improvements made in, on, or to the leased premises shall
be at the sole expense of Tenant and any additions to or alterations of said
premises shall become at once a part of the realty and belong to Landlord.
Tenant shall keep the premises and the property in which they are situated free
from any liens arising out of any work performed on the leased premises, by or
on behalf of Tenant, for material furnished to the leased premises, or for
obligations incurred by Tenant. In making any alteration that Tenant has a right
to make, Tenant shall not commence such improvement or alteration until three
(3) days after Landlord has received notice from Tenant stating the date of
commencement of the improvement or alteration so that Landlord can post and
record any appropriate notice of nonresponsibility. All alterations shall be
completed with due diligence.
Subject to the provisions of Paragraph 16, below, if any installation,
alteration or improvement is required by law by any governmental authority,
Tenant shall at Tenant's cost and expense promptly make such installation,
alteration or improvement.
Provided Tenant is not in default or in breach of this Lease beyond the
expiration of any applicable grace periods, Tenant may during the term of this
Lease, and shall immediately upon the expiration of this Lease, remove from the
leased premises all of Tenant's personal property and trade fixtures and such
other property which Landlord may during the term of this Lease agree or
acknowledge in writing are improvements belonging to Tenant.
3
Tenant may from time to time during the term of this Lease install trade
fixtures of various kinds and descriptions for the purpose of carrying on, and
used in connection with, any broadcasting business conducted on the leased
premises, and upon any of such trade fixtures being so installed or placed on
the leased premises by Tenant or any other person, the same shall remain at all
times the property of Tenant or such other person and, at any time during the
term of this Lease, and at the termination thereof, Tenant or such other person
shall be entitled to remove any and all of such trade fixtures that shall belong
to the person so removing the same, and Landlord shall have the right to require
the Tenant at the expiration of the term to remove any or all of such trade
fixtures; provided that all damage to the leased premises caused by such removal
shall be fully repaired by Tenant at Tenant's sole expense.
7. Maintenance and Upkeep. By entry hereunder, Tenant accepts the
----------------------
premises as being in good and sanitary order, condition and repair. Tenant shall
at Tenant's own cost and expense keep the entire property in a clean, neat,
sanitary and sightly condition at all times and free from dirt, debris,
accumulation of waste and fire hazards. Tenant shall upon the expiration or
sooner termination of this Lease surrender to Landlord the leased premises and
appurtenances thereto in a good, sanitary order, condition and repair, ordinary
wear and tear excepted.
8. Repairs. Tenant shall at its sole cost and expense maintain the
-------
leased premises in good condition and shall make all necessary repairs thereto.
In the event that Landlord determines that a repair or replacement is needed and
Tenant after notice does not make said repair or replacement within a reasonable
period of time, Landlord shall notify Tenant that it considers said repair or
replacement necessary and it is contemplating making said repair. Landlord may
then, at its option, make such repair or replacement and charge the cost
incurred to Tenant as additional rental. It is agreed that nothing in the
foregoing shall relieve Tenant from full performance of its obligations and that
the limitation referred to above is in addition to any other remedy available to
Landlord.
9. Indemnification; Liability Insurance. Tenant shall save and hold
------------------------------------
harmless, indemnify and defend Landlord from any damage or liability arising out
of or relating to any death, bodily injury, or property damage resulting from,
or in connection with, the acts of, or the maintenance, use, or occupation of
the leased premises by Tenant, Tenant's agents, servants, employees,
contractors, or patrons. Tenant shall, at
4
Tenant's sole cost and expense, carry public liability insurance and property
damage insurance in amounts reasonably required by Landlord. All such insurance
shall be carried with insurance companies satisfactory to Landlord. Said
insurance shall name Landlord as a co-insured or an additional insured. Tenant
shall furnish, or cause to be furnished to Landlord, upon request, certificates
of insurance from the insurance carrier stating that such insurance is in full
force and effect, that the premiums thereon have been paid and that the
insurance carrier will give Landlord at least ten (10) days prior written notice
of any termination, cancellation, or modification of such insurance.
10. Fire Insurance. Through the term of this Lease, Tenant shall
--------------
maintain at its sole cost and expense, fire and extended coverage insurance on
the premises and the appurtenances being leased by Tenant, insuring the premises
for not less than ninety percent (90%) of its replacement value. Landlord and
Tenant shall be named as loss payees as their interest shall appear and, on
Landlord's demand, Tenant shall also include the holder of any mortgage or deed
of trust encumbering the fee as a loss payee to the extent of that mortgagee's
interest.
Tenant shall furnish, or cause to be furnished to Landlord, upon request,
certificates of insurance from the insurance carrier stating that such insurance
is in full force and effect, that the premiums have been paid and that the
insurance carrier will give Landlord at least ten (10) days prior written notice
of any termination, cancellation or modification of such insurance. Tenant may
provide a certificate of insurance under its blanket insurance policies in
satisfaction of this requirement.
If Tenant fails or refuses to procure or maintain said fire or liability
insurance as required by this Lease or fails or refuses to furnish Landlord with
the required proof that the insurance has been procured and is in force and paid
for, Landlord shall have the right, at Landlord's option upon five (5) days
written notice, to procure and maintain such insurance. The premium paid by
Landlord shall be treated as additional rent due and payable immediately.
Landlord shall give prompt notice of the payment of such premiums, stating the
amounts paid and the insurer or insurers, and interest shall run from the date
of the notice.
11. Assignment and Subletting. Tenant shall not have the right to assign
-------------------------
this Lease, or any part thereof, to any third person(s), firm(s) or
corporation(s) without the prior written consent of Landlord.
5
12. Utilities. Tenant shall pay for all utilities furnished to or
---------
delivered at the leased premises, including connection and installation charges
and shall make payments directly to the utility company furnishing same. Tenant
shall protect Landlord and save Landlord harmless from any liens arising out of
the nonpayment of its utility charges.
13. Entry by Owner Inspection and Notices. Except as expressly provided
-------------------------------------
to the contrary herein, Tenant shall permit Landlord and his agents to enter
into and upon said premises upon first giving reasonable notice, reasonable
notice being twenty-four (24) hours, for the purpose of inspecting the same
or for the purpose of making repairs, alterations, or additions to any portion
of said building to be made by Landlord upon Tenant's breach of its obligations
to maintain and repair the premises, including the erection and maintenance of
such scaffolding, canopies, fences and props as may be required, or for the
purpose of posting notices of non-responsibility for alterations, additions, or
repairs, or for the purpose of placing upon the property in which the said
premises are located any usual or ordinary "for sale" signs, or to show during
the last twelve (12) months of the term the premises to prospective future
tenants, without any rebate of rent and without any liability to Tenant for any
loss of occupation or quiet enjoyment of the premises occasioned thereby. Prior
notice is not required in the event of an emergency situation.
14. Waivers of Damages. Tenant as a material part of the consideration
------------------
to be rendered to Landlord, hereby waives all claims against Landlord, except
for Landlord's, its employees', contractors', invitees', agents' and servants'
negligence or willful misconduct or breach of this Lease.
15. Destruction of Premises. In the event of a total or partial
-----------------------
destruction of the leased premises during the term of this Lease, Tenant shall
forthwith repair the same upon the receipt of insurance proceeds, provided such
repairs can be made within one hundred twenty (120) days under the applicable
laws and regulations. Landlord will cooperate with Tenant in such manner as is
necessary in order that the insurance proceeds payable under the insurance
obtained under Paragraph 10 are paid to Tenant as promptly as possible. Any such
destruction shall not annul or void this Lease; however, rent to be paid by
Tenant hereunder shall be equitably adjusted according to the amount and value
of the undamaged premises remaining. If such repairs cannot be made within one
hundred twenty (120) days, this Lease may be terminated at the option of Tenant.
If the leased premises are not rebuilt as provided herein, the insurance
6
proceeds obtained under Paragraph 10 shall belong to Landlord, except that
Tenant shall be entitled to that portion of the award, if any, attributable to
the destruction of Tenant's trade fixtures and personal property which Tenant
had the right to remove upon the termination of this Lease.
16. Remedies Upon Default.
---------------------
(a) Landlord's Remedies. Except as otherwise provided herein,
-------------------
should Tenant default in the performance of any covenant or provision herein
with reference to the payment of rent or other payment of money, and such
default continues for five (5) days after receipt by Tenant of written notice
from Landlord of such default, or should Tenant default in the performance of
any other covenant or provision herein, other than the payment of money, and
such default, if curable, is not cured within thirty (30) days after service
upon Tenant of a written notice thereof from Landlord, or if not curable within
thirty (30) days, Tenant fails to commence a cure within thirty (30) days after
service upon Tenant of a written notice thereof from Landlord and thereafter
diligently pursues such cure to completion, Landlord may terminate Tenant's
right of possession to the leased premises and may recover from Tenant all of
the damages to which Landlord is entitled under the laws of the State of
California.
None of Landlord's rights herein specified in the event of a default by
Tenant shall prejudice any other legal remedies available to Landlord other than
those herein enumerated.
(b) No Waiver. Efforts by Landlord to mitigate the damages caused
---------
by Tenant's breach of this Lease shall not waive Landlord's right to recover
damages under this paragraph. For the purpose of subparagraph (a) above, the
following shall not constitute a termination of Tenant's right of possession:
(1) Acts of maintenance or preservation or efforts to relet
the property; and
(2) Appointment of a receiver upon initiative of Landlord to
protect Landlord's interest under this Lease.
(c) Reentry. Upon a default of Tenant not cured within the time
-------
specified in subparagraph (a), or if Tenant abandons the premises, Landlord
shall have the right to reenter the leased premises and take possession thereof
with or without terminating the Lease upon giving the notice of reentry as
required by law. Upon such reentry, Landlord may (but is not
7
obligated to do so) relet the leased premises for the benefit of the Landlord
and Tenant on such terms and conditions and at such rental as may then be
reasonably available to Landlord. Such reletting shall not relieve Tenant from
any of Tenant's obligations hereunder unless the Lease is terminated by Landlord
by a written notice of termination served on Tenant.
17. Waste; Nuisance. Tenant shall not commit, or suffer to be committed,
---------------
any waste upon the premises, nor cause, maintain or permit any nuisance in, on
or about the premises.
18. Compliance with Law.
-------------------
(a) Tenant shall, at Tenant's sole cost and expense, comply with
all of the requirements of all Municipal, State and Federal authorities now in
force, or which may hereafter be in force, pertaining to the said premises, and
shall faithfully observe in the use of the premises all Municipal ordinances and
State and Federal statutes now in force or which may hereafter be in force. The
judgment of any court of competent jurisdiction, after appeals have been taken
or waived, or the admission of Tenant in any action or proceeding against
Tenant, whether Landlord is a party thereto or not, that Tenant has violated any
such ordinance or statute in the use of the premises shall be conclusive of that
fact as between Tenant and Landlord.
(b) Subject to other provisions of this Lease, Tenant, upon prior
notice to Landlord, shall be entitled to contest or have reviewed in good faith
in the name of Landlord or Tenant, but at the expense of Tenant (except as
otherwise provided in this Lease) by appropriate proceedings diligently
conducted, the amount, validity or applicability, as the case may be, of any:
(i) Law, ordinance, order, rule, regulation or requirement of
any governmental authority applicable to the leased premises or to the use
thereof or any such proposed law, ordinance, order, rule, regulation or
requirement;
(ii) Any tax or any proposed tax or other charge or amount
levied or assessed against the leased premises by any governmental
authority which under the terms of this Lease is payable by the Tenant;
8
(iii) Lien or encumbrance filed or asserted against the leased
premises or any part thereof arising out of any claim asserted against the
Tenant which might be or become a lien or encumbrance upon the leased
premises or any part thereof, or
(iv) Other expense or charge, which, during the term of this
Lease, shall be levied, assessed, imposed, demanded or threatened to be
assessed, demanded or imposed by any governmental authority or by any
insurance carrier upon or with respect to or alleged by any person to have
been incurred in connection with Tenant's possession, occupation,
operation, alteration, maintenance, repair or use of the leased premises or
the making of any additions thereto. The period of any such permitted
contest shall be excluded in computing the period during which a default
shall be deemed to exist, if such default would not have occurred except by
such contest.
If any mechanic's, laborer's or materialman's lien shall at
any time be filed against the leased premises as a result of either Landlord's
or Tenant's occupancy thereof, or which arises out of any claim asserted against
the Landlord or Tenant, the party against who a claim exists giving rise to such
lien shall, within thirty (30) days after notice of the filing thereof, cause
the same to be discharged of record by payment, deposit, bond, order of a court
of competent jurisdiction, or otherwise. If either party shall fail to cause
such lien to be discharged during the period aforesaid, then, in addition to any
other right or remedy, the other party may, but shall not be obligated to,
discharge the same by paying the amount claimed to be due or by procuring the
discharge of such lien by deposit or by bonding proceedings. Any amount paid by
Tenant and all costs and expenses incurred by Tenant in connection with any such
claim shall be credited upon installments of rent payable by Tenant to Landlord
hereunder. Interest at the rate of ten percent (10%) per annum from the making
of any such payment or incurring of any such costs or expenses shall be added to
such amount to be credited to Tenant by Landlord. Any amount paid by Landlord
and in connection with any such mechanic's, laborer's and materialman's lien or
arising out of a claim asserted against Tenant incurred by Landlord in
connection therewith, together with interest thereon at the rate of ten percent
(10%) per annum from the respective dates of Landlord's making of the payment or
incurring of such costs and expenses shall constitute additional rent payable as
additional rent by Tenant to Landlord on demand.
9
19. Attorneys' Fees. If either party employs an attorney or attorneys to
---------------
determine or enforce the provisions hereof, the prevailing party (whether by
negotiation, settlement or suit) shall be paid his reasonable attorneys' fees
and expenses by the non-prevailing party.
20. Time. Time is of the essence of this Lease.
----
21. Condemnation. If the leased premises, or any part thereof, are taken
------------
by condemnation, or incident to the exercise of the power of eminent domain,
(hereinafter referred to as "condemnation") the following shall apply:
(a) If the entire leased premises are taken or acquired by
condemnation this Lease shall terminate. Such termination shall take effect as
of the date taking becomes effective by passage of title to the leased premises
to the condemning authority pursuant to court order, or by the physical taking
of possession of the leased premises by the condemning authority, whichever is
earlier.
If only a portion of the leased premises is taken or acquired by or
incident to condemnation and a part thereof remains which in Tenant's opinion
can be used for the purpose specified in Paragraph 3 of this Lease without
compromising Tenant's activity or usability of the premises, this Lease shall,
except for the part actually taken, remain in full force and effect.
(b) If only a portion of the leased premises is taken by condemnation
and part thereof remains which can be used for the purposes specified in
Paragraph 3 of this Lease, rent payable under this Lease shall be equitably
adjusted according to the amount and value of the leased premises remaining for
Tenant's use.
Such adjustment in rent shall take effect on the date title to the
condemned portion of the leased premises passes to the condemning authority
pursuant to court order or on the date the condemning authority takes physical
possession of the condemned leased property, whichever is earlier.
(c) All compensation paid for the land and improvements taken,
including severance damage, if any, shall belong to Landlord except that Tenant
shall be entitled to any relocation award specifically for Tenant's benefit and
such portion of the award attributable to Tenant's trade fixtures and
personalty, if any.
10
(d) Landlord, under no circumstances, shall be or become liable for
or on account of any damage to, loss of, or interference with Tenant's business
occasioned by any condemnation or threat thereof.
22. Bankruptcy or Insolvency. It shall be a breach of this Lease and
------------------------
Landlord, at its option, upon giving written notice of termination to Tenant,
may terminate this Lease for any of the following events:
(a) Assignment of the Lease by operation of law;
(b) The appointment of a receiver to take possession of all or
substantially all of the assets of Tenant and the receiver is not discharged
within thirty (30) days after his appointment.
(c) A general assignment for benefit of creditors by Tenant;
(d) The filing of a voluntary petition or arrangement in bankruptcy
by Tenant;
(e) The filing of an involuntary petition or arrangement in
bankruptcy against Tenant and the same is not dismissed within sixty (60) days
from the date of filing; and
(f) Any other action taken or suffered by Tenant because of Tenant's
insolvency.
23. Condition of property Upon Surrender. Upon the expiration of the term
------------------------------------
of this Lease, or upon its sooner termination, for any reason, Tenant shall make
any restorations required pursuant to Paragraph 6, shall peacefully vacate the
leased premises and deliver the same and all improvements (except for those
which the Tenant has the right to remove) in the condition required by
paragraphs 6, 7 and 8, and shall surrender to Landlord all keys and other items
of similar nature pertaining to the leased premises.
24. Waiver of Subrogation. Landlord and Tenant each hereby waives all
---------------------
rights of recovery, claim, action, or cause of action for any property, loss or
damage of the leased premises, leasehold improvements, or personal property of
either party by reason of fire, the elements, or any other cause(s) which is
insured or would have been insured under the terms of the
11
insurance policies required hereunder. This paragraph shall apply so long as the
insurance required under this Lease is no invalidated by this paragraph.
Landlord and Tenant shall obtain such insurance which is not invalidated
whenever possible.
25. Covenant of Quiet Enjoyment. Landlord covenants and agrees that
---------------------------
Tenant, upon paying the rents reserved herein and observing and keeping the
covenants, agreements and stipulations of this Lease on its part to be observed
and kept, shall lawfully, peaceably and quietly hold, occupy and enjoy the
leased premises during the term of this Lease and any extension thereof, without
hindrance, eviction or molestation by Landlord or any person or persons claiming
under Landlord or claiming by a title superior to that of Landlord.
26. Notices. All notices under this Lease shall be given by either
-------
personal service or registered or certified mail, return receipt requested.
Notices given by mail shall be addressed as follows:
(a) Notice to be served upon Landlord shall be sent to Landlord
addressed to:
Salem Broadcasting Company
0000 Xxxxxxxxx Xxxxx, Xxxxx 00
Xxxxxxxxx, Xxxxxxxxxx 00000
(b) Notice to be served upon tenant shall be sent to Tenant addressed
to:
Golden Gate Broadcasting Company, Inc.
0000 Xxxxxxxxx Xxxxx, Xxxxx 00
Xxxxxxxxx, Xxxxxxxxxx 00000
All notices by mail shall be deemed served on receipt.
Either party may change his address for notice purposes by giving notice of
such changes as provided above.
27. Waiver. A waiver by a party hereto of any default by the other party
------
hereto in the performance of any of the covenants, terms or condition of this
Lease shall not constitute or be deemed a waiver of any subsequent or other
default. The subsequent acceptance of rent hereunder by Landlord shall not be
deemed to be a waiver of any preceding breach by Tenant of any term, covenant or
condition of this Lease, other than the failure of Tenant to pay the particular
rental so accepted, regardless of Landlord's knowledge of such preceding breach
at the time of acceptance of such rent. The rights and remedies of a party
12
under this Lease shall be cumulative and in addition to any rights given to it
by law. The exercise of any right or remedy shall not impair a party's right to
any other remedy.
28. Parties Bound and Benefitted. The covenants and conditions herein
----------------------------
contained shall (subject to the provision as to assignment) apply to and bind
the heirs, executors, administrators, assigns and successors in interest of all
of the parties hereto.
29. Governing Law. This Lease shall be governed by and subject to the
-------------
Federal Communications Act, the rules and regulations of the FCC, and other
federal laws as applicable; and the laws of the State of California, as to
matters of local law and interpretation.
30. Amendments, Changes, or Additions to Statute. Whenever reference is
--------------------------------------------
made in this Lease to any provision of law, such reference applies to all
amendments, changes and additions now or hereinafter made to such law.
31. Captions. The captions of this Lease are not a portion of the
--------
substantive terms hereof.
32. Miscellaneous.
-------------
32.1 This Lease contains the entire agreement between the parties
respecting the Lease of the premises and all matters covered or mentioned
herein. This Lease may not be altered, changed or amended except by an
instrument in writing signed by both parties hereto.
32.2 The illegality, invalidity or unenforceability of any provision
of this Lease shall in no way impair or invalidate any other provision of this
Lease, and such remaining provisions shall remain in full force and effect.
32.3 As used in this Lease, the masculine, feminine or neuter gender,
and the singular or plural number, shall each be deemed to include the other
whenever the context so indicates. If there is more than one Tenant, the
obligations hereunder imposed upon Tenant shall be joint and several. The
paragraph headings of this Lease are not a part of this Lease and shall have no
effect upon the construction or interpretation of any part hereof.
32.4 All exhibits attached to this Lease are hereby incorporated by
this reference and made a part hereof.
13
IN WITNESS WHEREOF, the parties hereto have executed this Lease as to the
date and year first above written.
LANDLORD:
By: /s/ Xxxxxx X. Xxxxxxxx III
-----------------------------------------
Xxxxxx X. Xxxxxxxx III
General Partner
TENANT:
GOLDEN GATE BROADCASTING COMPANY, INC.
By: /s/ Xxxx X. Xxxxxxxxx
-------------------------------------------
Xxxx X. Xxxxxxxxx
Vice President
14
EXHIBIT A
Transmitter Site
DESCRIPTION:
REAL PROPERTY IN THE CITY OF HAYWARD, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERN LINE OF THE 67.85 ACRE PARCEL OF LAND
DESCRIBED IN THE DEED FROM XXXX X. XXXXXXXX TO M. B. XXXXXXXXXXX AND XXXX X.
XXXXXXXXXXX, DATED JANUARY 15, 1924, RECORDED JANUARY 16, 1924, IN BOOK 591 OF
OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 355, SERIES NO. T/88764, SAID LINE
BEING ALSO THE SOUTHERN LINE OF THE PARCEL OF LAND DESIGNATED "XXXXXXXXXXX" ON
THE "RECORD OF SURVEY, XXXXXXX XXXXXXX PROPERTY", ETC., FILED AUGUST 14, 1952,
IN BOOK 3 OF RECORD OF SURVEYS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
ALAMEDA COUNTY, DISTANT THEREON SOUTH 88(degrees) 31' 23" WEST 2969.87 FEET
FROM THE WESTERN LINE OF CLAWITER ROAD, OR COUNTY ROAD NO. 1649, AS THE SAME
EXISTED 50 FEET WIDE, PRIOR TO THE WIDENING THEREOF, ON APRIL 5, 1960; RUNNING
THENCE NORTH 1(degree) 00' 06" WEST 723.21 FEET TO THE SOUTHERN LINE OF THE
65.85 ACRE PARCEL OF LAND, DESCRIBED IN THE DEED FROM XXXX XXXXXXX TO AUGUST
XXXXX XXXXXXX, DATED DECEMBER 4, 1896, RECORDED AUGUST 13, 1897, IN BOOK 620 OF
DEEDS, PAGE 117, ALAMEDA COUNTY RECORDS; THENCE ALONG THE LAST NAMED LINE, SOUTH
88(degrees) 59' 54" WEST 675 FEET; THENCE SOUTH 1(degree) 00' 06" EAST 646.68
FEET TO SAID SOUTHERN LINE OF THE 67.85 ACRE PARCEL, 591 or 355; AND THENCE
ALONG THE LAST NAMED LINE, SOUTH 69(degrees) 12' 33" EAST 216.72 FEET TO AN
ANGLE POINT THEREON, AND NORTH 88(degrees) 31' 23" EAST 473.78 FEET TO THE POINT
OF BEGINNING.
RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT FOR ALL PUBLIC UTILITY PURPOSES,
IN, UNDER, OVER, ALONG AND ACROSS THE NORTHERN 10 FEET, RIGHT ANGLE MEASUREMENT
THEREOF.
ALSO RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS, OVER, ALONG AND ACROSS THE NORTHERN 60 FEET RIGHT ANGLE
MEASUREMENT THEREOF.
SAID EASEMENTS TO BE APPURTENANT TO AND FOR THE BENEFIT OF THE REMAINING LANDS
OF THE GRANTOR.
