HomeMy WebLinkAbout960854.tiff RESOLUTION
RE: CONSENT TO ASSIGNMENT OF COMMUNICATION RADIO ANTENNA LEASE FROM
STAUFFER COMMUNICATIONS, INC., TO BENEDEK BROADCASTING
CORPORATION AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated August 29, 1990, the Board approved a Communication
Radio Antenna Agreement and Disclaimer of Ownership for the installation by Weld County,
Colorado, of a communication radio antenna on a television tower owned by Stauffer
Communications, Inc., KGWN-TV Television Station, on property located in the N'/% of Section 11,
Township 10 North, Range 60 West of the 6th P.M., Weld County, Colorado, and
WHEREAS,the Board has been presented with an Assignment and Assumption of Lease
between Stauffer Communications, Inc., and Benedek Broadcasting Corporation, due to the sale
of KGWN-TV and other television stations owned by Stauffer to Benedek, and
WHEREAS, after review, the Board deems it advisable to confirm and agree to said
assignment through a letter of consent dated May 13, 1996, to Stauffer Communications, Inc., and
Benedek Broadcasting Corporation, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Assignment and Assumption of Lease between Stauffer
Communications, Inc., and Benedek Broadcasting Corporation be, and hereby is, confirmed and
agreed to.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said letter of consent.
960854
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CONSENT TO ASSIGNMENT OF LEASE FROM STAUFFER TO BENEDECK (KGWN-TV)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
PWE C/O�UNTY, COLORADO
: Gtr SZ�� _V t/L�F Y ec
Barbara J. Kirkmeyer, it
186, çq;4 .. .. t1nty Clerk to the Board Ayr 07x2 ;
'teorge't. Baxter, Pro-Tem
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1/4t1-14'eputy Cler the Board FXCI isFr)
Dale K. Hall
APP AS TO FOR '
Constance L. Harbert
linty Attorne FXCI JSFf IlATF OF SIf;NINf; (AYF)
W. H. Webster
960854
CM0009
a WELD COUNTY ATTORNEY'S OFFICE
rs PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
' May 13, 1996
Ci
COLORADO
Lawton Jordan, Jr.
Hull, Towill,Norman & Barrett, PC
P.O. Box 1564
Augusta, GA 30903-1564
RE: Consent to Assignment of Lease
Dear Mr. Jordan:
After our telephone conversation on Monday, May 13, 1996, I made the agreed upon changes to
the consent to assignment letter for the assignment of the Communication Radio Antenna
Agreement (Lease) between KGWN-TV and Weld County, Colorado, dated July 18, 1990. The
assignment will be from Stauffer Communications, Inc., ("Stauffer") to Benedek Broadcasting
Corporation ("Benedek"). The consent letter was approved at the Board's May 15, 1996,
meeting. Unfortunately, the Board's Chair, Barbara J. Kirkmeyer, left the office without signing
the letter. We have placed on the letter her stamped signature. The letter is enclosed. A
resolution from the Board will follow.
If you should have any questions regarding this letter or the enclosed, please feel free to call me
at (970) 356-4000, extension 4390.
Sinc ly,
//ruce T. Barker
Weld County Attorney
BTB/db:Let/Jordan
Enclosure
pc: Clerk to the Board
Jack Statler
960854
f‘itt
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE: 970-356-4000, Ext.4200
' Fax: 970-352-0242
P.O. Box 758
C. GREELEY,COLORADO 80632
COLORADO
May 13, 1996
Stauffer Communications, Inc.
c/o Lawton Jordan, Jr.
Hull, Towill, Norman& Barrett
P.O. Box 1564
Augusta, GA 30901
Benedek Broadcasting Corporation
Stewart Squire, Suite 210
308 West State Street
Rockford, IL 61101
RE: Communication Radio Antenna Agreement("the Lease") Between KGWN-TV (Lessor)
and Weld County, Colorado (Lessee) dated July 18, 1990 for Communication Radio
Antenna on KGWN's Property
Dear Ladies and Gentlemen:
In connection with the sale of the television stations (ICMIZ-TV, KGWC-TV, KGWR-TV,
KGWL-TV, KCOY-TV, KGWN-TV, KSTF, KTVS and WIBW-TV) owned by Stauffer
Communications, Inc. ("Stauffer")to Benedek Broadcasting Corporation ("Benedek"), Weld
County, Colorado, by and through the Board of County Commissioners of Weld County, agrees
that Stauffer may assign the above referenced Lease to Benedek and that Benedek may assume
the Lease effective at the closing of the acquisition of the Stauffer stations by Benedek (the
"Closing"). No additional consents will be required with respect to the assignment and
assumption. The Board understands that the assignment and assumption will be made in the
attached form. The assignment and assumption will not alter or amend any provisions of the
Lease other than the name of the Lessor.
The Board hereby certifies to you that: (i) the Lease is in full force and effect, (ii) no party
thereto is in default and no claim of default has been made by either party or is pending, and (iii)
there does not exist any event which with notice or the passing of time, or both, would constitute
Page 1 of 2 Pages
960854
a default or would excuse performance by either party.
Upon the Closing and Benedek's assumption of the Lease described above, the Board agrees that
Stauffer will be released from all liability under the Lease related to the period after Closing, but
Stauffer shall remain responsible for any liability under the Lease occurring prior to Closing.
��"'�"�. •firmed Agreed to isda of , 1996.
: W D COUNTY, COLORADO, BY AND
OUGH THE BOARD OF COUNTY
1861 %.I�,. ,� COMMISSIONERS OF WELD COUNTY
WAD luty C e k to the Board / ‘-/Y
Ou Not
BY:
Barbara J. Kirkmeyer, Chair
Let/Radio.db
Page 2 of 2 Pages
960854
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION, made as of
1996, by and between Stauffer Communications, Inc. , a Delaware
corporation, having an office at 725 Broad Street, Augusta, GA
30901 ("Assignor") , and Benedek Broadcasting Corporation, a
Delaware corporation having an office at Stewart Square, Suite 210,
308 West State Street, Rockford, IL 61101 ("Assignee") ;
WITNESSET H:
WHEREAS, Assignor is the tenant of premises identified on
Exhibit A annexed hereto, under a certain lease identified on
Exhibit A annexed hereto (together with the assignments,
amendments, and/or extensions thereto referred to on said Exhibit
A, the "Lease") , and;
WHEREAS, Assignor and Assignee are parties to that certain
Assets Purchase and Sale Agreement, dated November 22 , 1995 (the
"Agreement") , pursuant to which, amongst other things, the Lease is
to be assigned by Assignor to Assignee;
NOW THEREFORE, for valuable consideration paid by the Assignee
to the Assignor, the receipt whereof is hereby acknowledged, the
Assignor assigns and transfers to the Assignee, its successors and
assigns, the Lease and all of the estate, right, title, and
interest of the Assignor therein, including without limitation any
security deposit thereunder;
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960854
TO HAVE AND TO HOLD the same unto the Assignee, its successors
and assigns, from the date hereof for the remainder of the term of
the Lease, subject to the rental, terms, covenants, and conditions
of the Lease.
This assignment is made pursuant to the Agreement and is
intended to have the benefit of the representations and covenants
contained therein.
The Assignee, in consideration of said assignment, hereby
accepts said assignment, agrees to be bound by the terms,
covenants, and conditions of the Lease, and assumes and agrees to
perform and pay all of the unperformed obligations of the Assignor
under the Lease to be performed or paid in respect of the period
from and after the date hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
STAUFFER COMMUNICATIONS, INC.
By:
Its:
BENEDER BROADCASTING CORPORATION
By:
Its:
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960854
EXHIBIT A
1. Communication radio antenna on KGWN's property
2 . Communication Radio Antenna Agreement between KGWN-TV (Lessor)
and Weld County, Colorado (Lessee) dated July 18, 1990
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960854
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