HomeMy WebLinkAboutAUGUSTA ON ICE AGREEMENT STATE OF GEORGIA )
LEASE AGREEMENT
RICHMOND COUNTY )
THIS LEASE AGREEMENT, made this ( day of Nl7YQrY1,Q{,r , 2017, by and
between, Augusta, Georgia, a political subdivision of the state of Georgia (hereinafter referred
to as "Lessor"),by and through its Recreation and Parks Department and Augusta on Ice,
LLC (hereinafter referred to as "Lessee");
WITNESSETH:
1. Premises: The Lessor, for and in consideration of the rents, covenants,
agreements, and stipulations hereinafter set forth, to be paid, kept and performed by the Lessee,
does hereby lease unto the said Lessee, and said Lessee hereby agrees to lease and take upon the
terms and conditions which hereinafter appear, the following property located at 836 Reynolds
Street, Augusta, Georgia, more commonly referred to the Augusta Common(the "Premises").
2. Term: The term of this Lease shall begin on the 1St day of November, 2017, and
shall end on the 13th day of January, 2018, at midnight, unless sooner terminated by either Lessor
or Lessee as herein provided.
3. Associated Fees: Beginning on October 27, 2017 until November 14, 2017,
Lessee shall pay rental set up fees in the amount of five hundred dollars ($500.00) per day.
Beginning on November 15, 2017 until January 6, 2018, Lessee shall pay rental fees for the
premises in the amount of seven hundred dollars ($700.00) per day. Additionally, from
November 15, 2017 until January 6, 2018, Lessee shall pay a Clean Up fee in the amount of four
hundred dollars ($400.00) per day. Augusta on Ice will compensate the Sheriff's Department at
a rate of$22/hour and $25/hour on Sundays &Holidays.
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4. Invoices: Lessor shall provide Lessee with weekly invoices for the associated
fees listed above in Section 3. Lessor and Lessee shall review and reconcile any discrepancies in
the invoices. Within seven (7) calendar days of receipt of the invoice, Lessee shall tender
payment to the Augusta Recreation and Parks Department.
5. Event Dates and Times: The event dates for Augusta on Ice, as produced by
Lessee, shall be from November 17, 2017 until January 6, 2018. The hours days and hours of
operation are listed below:
MONDAY thru THURSDAY OPEN CLOSE
Schools in Session 4:00 pm 9:00 pm
Schools on Holiday Break 2:00 pm 9:00 pm
FRIDAY 2:00 pm 10:00 pm
SATURDAY 12:00 pm 10:00 pm
SUNDAY 12:00 pm 7:00 pm
NEW YEAR'S EVE 12:00 pm 1:00 am
6. Use of Premises: The Premises shall be only be used for the purpose of providing
a location for the Augusta on Ice event to patrons, and for no other purpose without the advance
written consent of Lessor. The Premises shall not be used for any illegal purpose, in any manner
that creates a nuisance or trespass, or in any manner so as to invalidate the insurance or increase
the rate of insurance on the Premises.
7. Special Conditions:
(A) Upon entering into this Lease Agreement, Lessee shall meet the following
conditions:
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(1) Ice Skating Rink: Lessee shall provide an ice skating rink and ice skate
rentals, through its vendors, for the benefit, use, and enjoyment of the patrons of
the Augusta on Ice event. Said rink and skate rental services shall be made
available to patrons during the above-stated hours of operation for the event; and
(2) Ice Slide: Lessee shall provide an ice slide, through its vendors, for the
benefit, use, and enjoyment of the patrons of the Augusta on Ice event. Said ice
slide shall be made available to patrons during the above-stated hours of operation
for the event; and
(3) Community Spotlight Stage: Lessee shall provide entertainment, live or
otherwise, at the performance stage provided by Lessor. Said performances shall
occur at times to be determined by Lessee throughout the duration of the Augusta
on Ice event; and
(4) Mrs. Claus' Kitchen: Food & drinks will be available for the festival
guests.
(5) Elves' Beer and Wine Garden: Beer & Wine will be available to its guests
(21 and over) during the 50 days of the festival.
(6) Family Friendly Movies in the Park: A series of movies will be offered
over the course of the 50 days of the festival.
(7) Pictures with Santa— Santa will be on site for pre-scheduled photographs
&to talk with families at the park.
(8) Polar Express Train Rides —A train will be available for rides through the
festival.
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(10) Security during Event: As noted above, using Sheriff's Department
(11) Attraction Installation, Set Up, and Breakdown
(12) Holiday Design for Commons with lighting and audio visual:
(13) Sets and Props for the Commons — Oversized painted presents,
Nutcrackers, Signage, lighting & more will transform the Common into a winter
wonderland.
(14) Staff Superintendent: Lessee agrees that Lessee shall pay for an Augusta,
Georgia Staff Superintendent. The Augusta, Georgia Staff Superintendent shall be
compensated at a rate of eighteen dollars ($18.00) per hour for a minimum of four
(4) hours. In the event that overtime is required, said Superintendent shall be
compensated one and half times the employee's hourly rate.
(15) Electrician: Lessee agrees that Lessee shall pay for an Augusta, Georgia
Staff Electrician. The Augusta, Georgia Staff Electrician shall be compensated at
a rate of twenty-two dollars ($22.00) per hour for a minimum of four (4) hours.
In the event that overtime is required, said Electrician shall be compensated one
and half times the employee's hourly rate.
(16) New Year's Eve Celebration
(17) Naming and Presenting Rights
(18) Free General Admission at Tree Lighting
(19) Power: Lessee shall provide all power, other than the power that is
presently provided on the Premises. Lessor shall not provide additional power
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through Lessor-provided generators or additional hard wired power at the cost of
Lessor.
(20) Perimeter Gating: Lessee shall be responsible for providing, installing, and
maintaining a temporary gate around the perimeter of the Premises for the
purpose using the Premises for the Augusta on Ice event.
(B) Upon entering into this Lease Agreement, Lessor shall meet the following
conditions:
(1) Waiver of Rental Fees: Lessor shall waive part of the rental fee for the
Premises in the amount of forty-four thousand six hundred dollars ($44,600.00).
(2) Augusta Commons Office: During the term of the Lease, Lessor shall
provide Lessee access, through its staff on site, to the Conference Room within the
Augusta, Georgia Special Events Office located at the commons.
(3) Power: Lessor shall provide Lessee with the current power that is
available on the premises to Lessee. Any power in excess of what is currently provided
shall be paid for by Lessee. The current power available on the premises is twenty (20)
amps per outlet. Any additional power beyond twenty (20) amps per outlet shall be the
responsibility of Lessee.
(4) Water: Lessor shall provide Lessee with water, solely for the purpose of
preparing, creating, and maintaining the ice skating rink.
(5) Cooperative Marketing: Lessor Shall be a Presenting Sponsor of the
Augusta on Ice event. As a Presenting Sponsor, Lessor shall be entitled to the following:
(a) Lessor's brand shall be integrated into the Augusta on Ice logo;
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(b) Lessor shall have top billing in all media;
(c) Any Augusta on Ice branded items at the event will include Lessor's
logo;
(d) Lessor shall be the premier sponsor of the Ice Skating Rink;
(e) Lessee shall showcase Lessor's brand on the Ice Wizard;
(f) Lessee shall recognize Lessor's brand with announcements at the
event;
(g) Lessee shall develop customized social media content for Lessor to
leverage;
(h) Lessee shall hold an Opening VIP Party for Lessor, to include all of
Lessor's officials and employees; and
(i) Lessee shall hold an Employee Holiday Party for Lessor.
(6) Community Stage: Lessor shall provide a performance stage to Lessee for
the use of Lessee for the duration of the event, at no cost to Lessee.
8. Sale of Alcohol: Lessee, by and through its Alcohol Caterer, upon obtaining the
proper licenses and permits, will sell alcohol on the Premises throughout the duration of the
Augusta on Ice event.
9. Ownership: The premises shall remain the property of the Lessor throughout the
term of the lease.
10. Destruction of or Damage to Premises: If the Premises are totally destroyed by
storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the date
of such destruction.
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11. Assignment and Subletting: Lessee may not sublease all or any portion of the
Premises or assign this Lease or any interest hereunder, without prior written consent of the
Lessor.
12. Signs: Any and all signs placed on the Premises by Lessee, with the consent of
the Lessor, shall be maintained in compliance with rules and regulations governing such signs
and the Lessee shall be responsible to Lessor for any damage caused by installation, use, or
maintenance of said signs, and Lessee agrees upon removal of said signs to repair all damages
incident to such removal.
13. No Estate in Land: This Lease Agreement shall create the relationship of Lessor
and Lessee between the parties hereto and no estate shall pass out of Lessor during the term of
the lease.
14. Termination: Lessor may terminate this Agreement in part or in whole upon
written notice to Lessee. Lessor also has the right to terminate this Lease if in any instance the
Premises are no longer used by the Lessee for the Augusta on Ice event, are used for an illegal
purpose, are used to create a nuisance or trespass, or are used so as to invalidate the insurance or
increase the rate of insurance on the Premises. Lessee may terminate this agreement at any
time; however, in doing so, Lessee shall relinquish all rights, claims or interest, present or future,
in the premises. Upon Lessee's termination of this Agreement, Lessor shall immediately take
possession of the Premises and Lessor shall be free to do with said Premises as it sees fit.
Further, upon the termination or natural expiration of this Agreement, Lessee shall return the
premises to a state and condition that is equal to or better than the condition of the premises upon
the beginning of the lease term.
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15. Holding Over: If Lessee remains in possession of Premises after expiration of the
term hereof, with Lessor's acquiescence and without any express agreement of parties, Lessee
shall be a tenant at will at the rental rate in effect at the end of this Lease; and there shall be no
renewal of this Lease by operation of law.
16. Conditions of the Premises: The Premises are being leased to Lessee "AS IS",
and Lessee accepts said Premises in its present condition and acknowledges that is has inspected
the same and found the Premises to be suitable for its intended use. If any repairs to the
improvements located on the premises covered by this Lease are required during the term of this
Lease, the cost of same shall be paid by Lessee.
17. Rights Cumulative: All rights, powers and privileges conferred hereunder upon
Lessor shall be cumulative but not restrictive to those given by law.
18. Service of Notice: Any notice, demand, request, approval, consent, or other
communication (hereinafter referred to as "notice"), which Lessor or Lessee may be required to
permit to give to each other shall be in writing and shall be mailed in an official United States
Post Office, certified or registered mail, return receipt requested, with adequate postage prepaid,
to the other party at the address as each party as designated in this Lease or shall have changed
by proper notice in writing to the other. Such addresses are as follows:
Lessor: Augusta, Georgia
Office of the Mayor
Mayor Hardie Davis, Jr.
535 Telfair Street, suite 200
Augusta, GA 30901
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Lessee: Augusta on Ice
Christine Boerner, General Partner
504 Creekstone Trail
Evans, GA 30809
If notice is not an answer or reply to a previous notice from the other party, the time of rendition
of such shall be the date when the receipt is signed, refused or returned unclaimed. If the notice
is an answer or reply to a previous notice from the other party, the time of rendition of such shall
be the date postmarked by the United States Postal Service. In the event of a postal strike or
other interference with the regular delivery of mail, notices may be served in person or by
telegram in lieu of certified or registered mail,but shall be effective upon receipt.
19. Indemnification:
(A) The Lessee shall be responsible, upon commencement of this Agreement,
for all injury or damage of any kind resulting from its work under this Agreement, to
persons or property, including employees and property of the Lessor. The Lessee shall
exonerate, indemnify, and save harmless Lessor, its elected officials, officers, employees,
agents and servants (hereinafter collectively referred to as "Augusta" or "Indemnity")
from and against all claims or actions based upon or arising out of any damage or injury
(including without limitation any injury or death to persons and any damage to property)
caused by or sustained in connection with the performance of this Agreement or by
conditions created thereby or arising out of or any way connected with the work
performed under this Agreement, as well as all expenses incidental to the defense of any
such claims, litigation, and actions. Furthermore, Lessee shall assume and pay for,
without cost to Lessor, the defense of any and all claims, litigation, and actions suffered
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through any act or omission of the Agreement, or any Subcontractor, or anyone directly
or indirectly employed by or under the supervision of any of them. Notwithstanding any
language or provision in this Agreement, Lessee shall not be required to indemnify any
Augusta Indemnitee against claims, actions, or expenses based upon or arising out of
Augusta Indemnitee's sole negligence.
(B) As between Augusta Indemnitees and the Lessee as the other party, the
Lessee shall assume responsibility and liability for any damage, loss, or injury, including '
death, of any kind or nature whatever to person or property, resulting from any kind of
claim made by Lessee's employees, agents, vendors, or suppliers caused by or resulting
from the performance of the work under this Agreement, or caused by or resulting from
any error, omission, or the negligent or intentional act of the Lessee, vendors, or
suppliers, or any of their officers, agents, servants, or employees. The Lessee shall
defend, indemnify, and hold harmless Augusta Indemnitees from and against any and all
claims, loss, damage, charge, or expense to which they or any of them may be put or
subjected by reason of any such damage, loss, or injury.
(C) The Lessee expressly agrees to provide a full and complete defense
against any claims brought or actions filed against Augusta Indemnitees, where such
claim or action involves, in whole or in part, the subject of the indemnity contained in
this Agreement, whether such claims or actions are rightfully or wrongfully brought or
filed. Lessor has the sole discretion to choose the counsel who will provide the defense.
(D) No provision of this Agreement and nothing herein shall be construed as
creating any individual or personal liability on the part of any elected official, officer,
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employee, agent or servant of Augusta, nor shall the Agreement be construed as giving
any rights or benefits hereunder to anyone other than the parties to this Agreement.
(E) The parties agree that Lessee shall be liable for all fines or civil penalties
which may be imposed by any local, federal or state department or regulatory agency that
are a result of Lessee's performance of the work under this Agreement. Lessee shall pay
the costs of contesting any such fines. Lessee's obligations pursuant to this Article shall
survive any acceptance of work, or termination or expiration of this Agreement.
(F) Lessor shall give the Lessee timely notice of, and shall forward to Lessee
every demand, notice, summons or other process received with respect to any claim or
legal proceedings within the purview hereof, but the failure of Lessor provide such notice
shall not affect such rights to indemnification.
20. Waivers of Rights: No failure of Lessor to exercise any power given it hereunder
or to insist upon strict compliance by Lessee with any of its obligations hereunder and no custom
or practice of the Lessor at variance with the terms hereof shall constitute a waiver of Lessor's
right to demand strict compliance with terms hereof.
21. Time of Essence: Time is of the essence of this Agreement.
22. Inspection by Lessor: Lessor, its authorized officers, employees, agents or
representatives shall have the right to enter upon the premises to make inspections during regular
business hours when a representative of the Lessee is present, or at any time in case of
emergency and/or to determine whether Lessee has complied with and its complying with the
terms and conditions of this agreement; provided, however, that said inspection shall in no event
unduly disrupt or interfere with the operation of the Lessee.
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23. Insurance:
(A) Lessee must secure a Liability Insurance Policy with a minimum of
$1,000,000.00 in coverage for bodily injury, plus a minimum of$300,000 coverage for
property damage. This insurance policy must include a comprehensive broad form
general liability in which Augusta, Georgia, its' members, agents, servants and
employees are listed as an additional named insured.
(B) Lessee shall provide proof of insurance to the Augusta Special Events
Office at least sixty (60) days before the event, to allow time for the coverage to be
reviewed for any defect or deficiency. Failure to do so will result in cancellation of the
event.
(C) Lessee is solely responsible for the liability of participants in all activities
and/or performances and audience members.
24. Open Records: The Lessee acknowledges that all records relating to this
Agreement and the services to be provided under this Agreement may be a public record subject
to Georgia's Open Records Act. (O.C.G.A. § 50-18-70, et seq.). Lessee shall cooperate fully in
responding to such request and making all records, not exempt, available for in section and
copying as provided by law. Lessee shall notify Lessor immediately of any request made under
the Open Records Act and shall furnish Lessor with a copy of the request and the response to
such request.
25. Governing Law: This Agreement shall be governed and interpreted by the laws
of the State of Georgia.
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26. Venue: All claims, disputes and other matters in question between the Lessor and
the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Lessee, by executing this Agreement,
specifically consents to venue in Richmond County and waives any right to contest the venue in
the Superior Court of Richmond County, Georgia.
27. Entire Agreement: This Lease contains the entire agreement of the parties and no
representations, inducements, promises or agreements, oral or otherwise, between the parties not
embodied herein shall be of any force or effect. No failure of either party to exercise any power
given it hereunder, or to insist upon strict compliance by either party of any obligations
hereunder and no custom or practice of the parties at variance with the terms hereof. This
Agreement may only be amended by writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
AUGUSTA, GEORGIA AUGUSTA ON ICE, LLC
Lessor Lessee
By `".''X BolaY
Hardie Davis, Jr. Chris` s " 2p� \Ql'
As its Mayor As its Tou,iiciQl�
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AUGUSTA, A
Recreation and Parks Department
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Approved as to Form:
General Counsel
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