HomeMy WebLinkAboutAcquisition of Riverfront Facility
Augusta Richmond GA
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DOCUMENT TYPE: 0- 9 ree;?J2-/t 7-
YEAR: / tJ9b
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NUMBER OF PAGES:
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LARRY E. SCONYERS
Chairman
FREDDIE L. HANDY
Vice-Chairman
~ll)\tJn,l(iilCOOtm' .
~~_~ ~ ~~1~~~~~.
BOARD Of COMMiSSrrONERS
HENRY H, BRIGHAM
JERRY BRIGHAM
Wm, 'WILLlE' H, MAYS, III
LEE NEEL, 1/1
J, B, POWELL
MOSES TODD
ROOM 605' CITY-COUNTY MUNICIPAL BLDG, (11)
AUGUSTA, GEORGIA 30911
Bus, (706) 821-2488
Fax No, (706) 722-5984
LINDA W, BEAZLEY
County Administrator
WALTER S, HORNSBY, III
Ass!. County Administrator
JAMES B. WALL
County Attomey
July 18, 1996
Reply To:
P. 0, BOX 2125
Augusta, GA 30903
Mrs. Linda W. Beazley,
Administrator of Suburban Services
Municipal Building (11)
Augusta, Georgia 30911
Re: Acquisition of Riverfront Facility
Dear Linda:
I closed out the County's acquisition of the former
Paulies Restaurant facility located on the river on July 17th. In
connection with this acquisition, I am enclosing the originals of
the following documents:
(1) Attorney's Report of Title;
(2) Bill of Sale from River Restaurant,
Partnership to Richmond County, Georgia;
Limited
(3) Assignment of Lease from River Restaurant, Limited
Partnership to Richmond County, Georgia;
...
(4) Lease from Richmond County, Georgia to Augusta
Rowing Club, Incorporated;
(5) Real Estate Purchase Agreement; and
(6) Settlement Statement.
I have sent the quitclaim deed from River Restaurant,
Limited Partnership to Richmond CountYi Georgia to be recorded and
will forward same to you when it has been returned to me.
Mrs. Linda W. Beazley
July 18, 1996
Page Two
I am furnishing Tom Beck a copy of all of these relevant
documents since he will be the primary point of contact for this
facility.
Should you have any questions, please contact me.
with kind regards, I am
Yours
HDR:hbs
Enclosures
"j
ATTORNEY'S REPORT OF TITLE
The undersigned certifies to Richmond County, Georgia that: based on an examination of
the indices of the public records affecting the title to the realty described herein, it is the opinion
of the undersigned, subject to the exceptions noted herein, the marketable fee simple title to said
realty is, as of the date of this report, vested in:
THE CITY COUNCIL OF AUGUSTA
SCHEDULE A
Description of Property
All that tract or parcel of land, including building and all improvements and
fixtures thereto, situate, lying and being in the State of Georgia, County of
Richmond, City of Augusta, containing 1.182 acres as shown and designated upon
a certain plat dated January 3, 1986, prepared for City Council of Augusta by
Department of Public Works, a copy of which is attached hereto, marked "Exhibit
AA" and incorporated by reference herein for a more particular description of said
property .
ATIY_REP,DOC
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SCHEDULE B
Exceptions
1. Taxes and special assessments:
a. State, County, City and School taxes paid through the year 1995, except as
otherwise set forth in Item 10.
b. Taxes for the current year are excepted from this certificate.
2.
Restrictive Covenants?
No.
3. Any recorded or unrecorded easements for public or private roadways, public utilities, or
pipelines.
4. Any matters as to boundaries which an accurate survey would disclose.
5. The rights and claims of any materialman who has furnished labor or materials with
respect to any improvements on said property within 90 days from the date of this
certificate.
6. The rights of any parties or tenants in possession of said property other than Grantor.
7. Any action by any municipal or governmental agency (heretofore or hereto after taken) for
the purpose of regulating the use, occupancy or zoning of the property described in this
Certificate of Title, or of any building or structure thereon.
8. Matters not property recorded and indexed upon the public records and taxes payable by
persons having no recorded interest in subject property appearing in the chain of title.
9. Rights claimed in appliances or personal property attached or unattached to the real estate
of buildings.
10. The following FiFas for Business Taxes:
a. In favor of Richmond County against River Restaurant, Limited Partners Bill
#95A1228015.01 in the amount of $499.71.
b. In favor of Richmond County against River Restaurant, Limited Partners Bill
#921000340 in the amount of $141.72.
c. In favor of Richmond County against River Restaurant, Limited Partners Bill
#933000318 in the amount of $66.53.
d. In favor of Richmond County against River Restaurant, Limited Partners Bill
#94000000604 in the amount of $38.50.
ATfY _REP,DOC
e. In favor of Richmond County against River Restaurant, Limited Partners Bill
#95200262 in the amount of $214.65.
11. Any matters which might be revealed by an accurate inspection and survey of said
property.
12. UCC Financing Statement in favor of CSRA Local Development Corp., subsequently
assigned to the Small Business Administration, given by Gary Palmer, Inc. d/b/a Palmer's
Seafood House recorded in Realty Reel 9001, Page 438; originally recorded in Realty Reel
1001, Page 717.
This title certified to the 17th day of July, 1996.
By:
~<?~
W. LawriIi'ce Fletcher
Attorney at Law
ATrY_REP.DOC
ST A TE OF GEORGIA )
) BILL OF SALE
COUNTY OF RICHMOND ) th
. THIS INDENTURE made this I' day of rfl~I996 by and between
RIVER RESTAURANT, LIMITED PARTNERSHIP, a Georgia Limited Partnership,
hereinafter referred to as "Seller," and RICHMOND COUNTY, GEORGIA, hereinafter
referred to as "Buyer."
WITNESSETH:
WHEREAS, Seller is the owner of certain property, including a building and certain
fixtures, equipment and other improvements, located at 201 Riverfront Drive, Augusta, Georgia,
30901; and
WHEREAS, Seller on July 3, 1996, did enter into a Real Estate Purchase Agreement,
hereinafter referred to as the "Agreement," to sell the building, structures, and certain fixtures,
equipment and other improvements to Buyer.
NOW THEREFORE, for and in consideration of the faithful performance of the
Agreement by Buyer and the payment and delivery to Seller of all the moneys and instruments
specified in the Agreement to be paid and delivered to Seller by Buyer, receipt of which is hereby
acknowledged by Seller, Seller has sold, assigned and transferred, and by these presents does sell,
assign, and transfer unto Buyer all of its right, title and interest in and to the following property:
(a) The building and all improvements as more fully described in the attached Exhibit
A.
,
(b) All fixtures, equipment, and other tangible assets as shown on the attached Exhibit
B'
,
TO HAVE and to hold the property described herein, unto the Buyer, its successors and
BILL_SAL.DOC
1
assigns, to its only proper use, benefit and behoof forever.
Seller fully warrants that title to the property described herein is clear and unencumbered
and Seller shall defend the title as vested, by reason of this sale, in Buyer, its successors and
assigns, against any and all claims.
IN WITNESS WHEREOF, Seller has caused these presents to be executed by its property
officer and its seal to be affixed, this /7 day of
5...ly
!
,1996.
BY:
SIDENT OF RIVER
NERALPARTNER
ATTEST ~ ( ?- ~ (j;2~
SECRETARY
(CORPORA TE SEAL)
Signed, Sealed and deVvered
this 11 day of 5-- Y , 1996
in th~ of: '
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Notary Public
My commission expires:
HARRY D, REVELL
Notary Public
STI>,TE OF GEORGIA
~.'1.' SC:('-lm. [:;.. 11 ! 2 96
(BILL_SALE,DOC)
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EXHIBIT" A"
All that tract or parcel of land, including building and all improvements and
fixtures thereto, situate, lying and being in the State of Georgia, County of
Richmond, City of Augusta, containing 1.182 acres as shown and designated upon
a certain plat dated January 3, 1986, prepared for City Council of Augusta by
Department of Public Works, a copy of which is attached hereto, marked "Exhibit
AA" and incorporated by reference herein for a more particular description of said
property .
(BILL_SALE,DOCl
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EXHffiIT "B"
1. Building, structures, and other improvements situate, lying and being on the property
described on Exhibit" A."
2. One (1) walk-in, built-in cooler located in the kitchen area of the building.
3. One (1) walk-in, built-in freezer located in the kitchen area of the building.
4. One (1) ceiling-mounted, up-draft, conunercial ventilating system located in the kitchen
area of the building.
5. Three (3) stainless steel sinks located in the kitchen area of the building.
BILL_SAL.DOC
5
<<
,.
STATE OF GEORGIA )
) ASSIGNMENT OF LEASE
COUNTY OF RICHMOND) 1J...
JI ~ ~ I
THIS ASSIGNMENT OF LEASE made this _ day of ~ l,( rc3' ' 1996, by and between
RIVER RESTAURANT, LIMITED PARTNERSHIP, a Georgia Limited Partnership (the
"Seller") and RICHMOND COUNTY, GEORGIA (the "Buyer").
WITNESSETH:
For and in consideration of the sum of ONE AND NO/lOO DOLLARS ($1.00), and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Seller hereby assigns, transfers, sets over and conveys to Buyer all of Seller's right, title and
interest in, to, and under that certain Lease Agreement dated January 31, 1989, by and between
City Council of Augusta and Augusta Port Authority, collectively as Lessor, and River Restaurant,
Limited Partnership, as Lessee, together with all amendments thereto, as well as all other right,
title and interest which Seller has in and to the property described on Exhibit A attached hereto
and made a part hereof by reference.
This Assignment shall be effective as of the day and year first above written (the "Effective
Date"). All rents shall be prorated between the Seller and Buyer as of the Effective Date, with
all rents up to and including the Effective Date to be the property of the Seller and all rents after
the Effective Date to be the property of the Buyer. Seller and Buyer shall make any adjustments
necessary to effect the proration as soon as practicable after the Effective Date.
The purpose of this Assignment is to terminate and assign to Buyer any interest which
Seller may have in and to the above referenced Lease Agreement and the property described
herein.
IN WITNESS WHEREOF, Seller has hereunto set its hand and affixed its seal hereto on
the day and year first above written.
SELLER:
RIVER RESTAU
BY:
M, PRESIDENT OF RIVER
RESTAURANT, IN ., GENERAL PARTNER
ATTE:T:--1-:?m-Q. ~~
S CRETARY
[CORPORATE SEAL]
ASSIGNMT.LEA
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SIGNEI?n. SEALED ~ELIVERED
this /" -day of !) , 1996
inth'}~,
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NO PUBLIC f?;
HARRY 0, REVELL
Notary Public
STA TE OF GEORGIA
My Comm, Exp, 11,12 96
ASSIGNMT,LEA
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EXHIBIT" A"
All that tract or parcel of land, including building and all improvements and
fixtures thereto, situate, lying and being in the State of Georgia, County of
Richmond, City of Augusta, containing 1.182 acres as shown and designated upon
a certain plat dated January 3, 1986, prepared for City Council of Augusta by
Department of Public Works, a copy of which is attached hereto, marked "Exhibit
AA" and incorporated by reference herein for a more particular description of said
property .
ASSIGNMT,LEA
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STATE OF GEORGIA
)
)
LEASE
COUNTY OF RICHMOND)
1}5
THIS LEASE AGREEMENT, made'this 17 day of ,1996, by and between
RICHMOND COUNTY, GEORGIA, hereinafter collectively called" ssor," and AUGUSTA
ROWING CLUB, INCORPORATED, a Georgia non-profit corporation, hereinafter called
"Lessee" :
WITNESSETH:
WHEREAS, the Lessor is the Owner of the following described property, to-wit:
All that tract or parcel of land, together with the improvements
thereon, situate, lying and being in the State of Georgia, County of
Richmond, City of Augusta, containing 1,182 acres as shown and
designated upon a certain plat dated January 3, 1986, prepared for
City Council of Augusta by Department of Public Works, a copy of
which is attached hereto, marked "Exhibit A" and incorporated by
reference herein for a more particular description of said property.
WHEREAS, the Lessor has this day purchased from River Restaurant Limited Partnership
the improvements, including but not limited to a building and certain furniture, fixtures and
equipment, situate, lying and being on said property, pursuant to a Real Estate Purchase
Agreement dated July 3, 1996 between Richmond County, Georgia, as Buyer, and River
Restaurant Limited Partnership, as Seller (the "Real Estate Purchase Agreement").
WHEREAS, the Lessee has paid to the Lessor, at and before the delivery of these presents,
the sum of Twenty-Five Thousand and no/lOO ($25,000) Dollars, the receipt of which is hereby
acknowledged, which sum has been applied by the Lessor towards the purchase price of said
improvements pursuant to said Real Estate Purchase Agreement.
WHEREAS, the Lessor desires to lease to the Lessee, and the Lessee desires to lease from
(BOA THOUS.LEA)
1
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the Lessor, a portion of the premises as described on Exhibits "B" and "C," which are attached
hereto and incorporated herein for a more particular description of said property, pursuant to the
terms and conditions of this Lease.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
hereinafter set forth, the parties do hereby agree as follows:
1. Lease. The Lessor does hereby rent and lease unto the Lessee, and the Lessee does
hereby rent and lease from the Lessor, on the terms and conditions hereinafter stated, the premises
described on Exhibits "B" and "C," which are attached hereto and incorporated herein for a more
particular description of said property.
2. Use and Development of Property .
a. Boathouse. The property described on Exhibit "B" shall be used and
developed as a boathouse for the purpose of housing the Augusta Rowing Club and its related
programs, including but not limited to the United States Sculling Center, the Augusta Rowing Club
Junior Program, the Augusta Rowing Club Masters Program, and the Augusta College Rowing
Program.
b, Programs. The Lessee shall foster and promote national and international
amateur competition in the sport of rowing, as well as recreational rowing, through the Augusta
Rowing Club Junior Program, the Augusta Rowing Club Masters Program, the Augusta College
Rowing Program, and the United States Sculling Center.
c. Building. The Lessee shall renovate the building on the leased premises
to house the Augusta Rowing Club and its related programs in accordance with the plans,
drawings and specifications prepared by Virgo and Gambill dated May 31, 1996, revised June 3,
1996, and revised June 7, 1996, subject to further revisions as may be approved by the Lessor,
(BOA THODS.LEA)
2
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...
which approval shall not be unreasonably withheld. The Lessee shall expend a minimum of
$150,000 of its own funds towards the cost of renovating the portion of the premises described on
Exhibit "B." The Lessor shall contribute up to of $245,000 of its own funds towards the cost of
renovating the portion of the premises described on Exhibit "B" and Exhibit "C". All plans,
drawings, and specifications shall be approved by Lessor and the Augusta Port Authority, which
approval shall not be unreasonably withheld. The Lessee shall commence renovation within a
reasonable period of time upon obtaining said approval. After commencement of construction,
the Lessee shall work with reasonable diligence to complete all construction. All work shall be
performed in a good and workmanlike manner, shall substantially comply with the design plans
submitted to the Lessor and the Augusta Port Authority, and shall comply with all applicable
governmental permits, laws, ordinances, and regulations.
d. Special Events. The Lessee shall continue to host and/or sponsor an
Invitational Rowing Regatta sanctioned by the United States Rowing Association or a similar
sanctioning body to be held annually on the Savannah River. The Lessee shall cooperate with the
other special events sponsored in part by the Lessor or the Augusta Port Authority. From
Thursday through Sunday of each of the weeks during which "River Race Augusta" and the
"Augusta Southern Nationals" are held each year, the Lessee shall cease all rowing operations and
any other operations to the extent such operations which would interfere with those events. On
the appropriate Sundays of each year during which the "WGUS Day in the Country Concert" and
the "Red Cross Beach Music Festival" are held, the Lessee shall cease all rowing operations and
any other operations to the extent such operations which would interfere with those events.
Furthermore, the Lessor shall cooperate with all other special events sponsored in part or
approved by the Lessor, and to the extent necessary, the Lessee shall cease all rowing operations
(BOA TROUS. LEA)
3
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.;.
and any other operations which would interfere with such events, provided however, that the
Lessor shall coordinate such events with the Lessee and provided further that the Lessor shall
sponsor, approve, or schedule such events only to the extent that such events will not unreasonably
interfere with the ongoing operations of the Lessee.
3. Term. The term of this Lease for the portion of the property on Exhibit "B" shall
be for a period of forty (40) years, commencing on the date hereof and ending at midnight on the
date of the expiration of forty (40) years thereafter, unless sooner terminated as hereinafter
provided, and the term of this Lease for the portion of the property described on Exhibit "e" shall
be for a period of six (6) months, commencing on the date hereof and ending at midnight on the
date of the expiration of six (6) months thereafter, unless sooner terminated as hereinafter
provided.
4. Rent. The Lessee, at and before the delivery of these presents, has paid to the
Lessor an advance, lump sum rental payment of $25,000, the receipt of which is hereby
acknowledged, which sum has been applied by the Lessor towards the purchase of the property
from River Restaurant Limited Partnership pursuant to that certain Real Estate Purchase
Agreement dated July 3, 1996 between Richmond County, Georgia, as Buyer, and River
Restaurant Limited Partnership, as Seller. In addition, the Lessee shall pay to the Lessor an
annual rent of One and no/100 Dollars ($1.00), payable in advance during the term of the lease
and any renewal periods. As additional consideration, during the term of the lease and any
renewal periods, the Lessee shall do the following:
(a) The Lessee shall continue to host and/or sponsor an invitational rowing regatta
sanctioned by the United States Rowing Association, or a similar sanctioning body to be held
annually on the Savannah River in the City of Augusta, unless and until otherwise agreed to in
(BOATHODS.LEA)
4
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writing by all parties hereto.
(b) The Lessee shall continue to sponsor and operate a spring training program
annually on the Savannah River, in the City of Augusta, for the purpose of bringing collegiate
teams to train in Augusta, unless and until otherwise agreed to in writing by all parties hereto.
(c) The Lessee shall continue to sponsor and operate a junior rowing program on
the Savannah River, in the City of Augusta, for the purpose of training and promoting the sport
of rowing among high schools in the metro Augusta area, unless and until otherwise agreed to in
writing by all parties hereto.
(d) The Lessee shall continue to house, support and promote rowing programs for
Augusta College, unless and until otherwise agreed to in writing by the Lessee and Augusta
College.
(e) The Lessee shall continue to sponsor and operate a rowing program for rowers
in the masters (over age twenty-seven) category, and shall continue to sponsor and operate clinics
and classes to acquaint and teach members of the general public with the sport of rowing, subject
to the rules and regulations of the Augusta Rowing Club, unless and until otherwise agreed to in
writing by all parties hereto.
5. Cost and Attorney's Fees. In the event that it is necessary for the Lessor to utilize
the services of an attorney at law for the purpose of collecting any of the rental due under this
Lease and/or enforcing any of the covenants of the Lessee hereunder, the Lessee agrees in addition
to all other amounts to pay a reasonable attorney's fee of fifteen (15%) percent on any part of the
rental due hereunder which is collected by or through an attorney at law and fifteen (15%) percent
of the amount of any other liability of the Lessee under any of his covenants hereunder, which are
enforced or collected by or through an attorney at law.
(BOA THOUS.LEA)
5
'.
6. Assignment by Lessee. The Lessee agrees to use the premises herein described for
the purposes herein stated, and for no other, and shall not have the right to assign nor sublet the
whole or any part thereof except with the written consent of the Lessor which shall not be
unreasonably withheld. Should any part or all of said premises be sublet, the acceptance of rent
or any part thereof by the Lessor from any subtenant shall not be construed as a waiver by the
Lessor of any of the Lessor's rights or remedies hereunder against the Lessee.
7. Default. In the event that the Lessee should fail to observe any of Lessee's
covenants and obligations as herein expressed; or should the Lessee be adjudged a bankrupt; or
should a Receiver or Trustee be appointed for the Lessee's property; or should a final judgment,
execution or attachment be issued against the Lessee and not be promptly paid; or should the
property of the Lessee in the leased premises be levied upon for any cause; or should the Lessee
violate any of the provisions of this Agreement or abandon the premises; or should the Lessee
cease to use the property for its intended purpose as a boathouse for housing the Augusta Rowing
Club and its related programs on the leased premises for a period in excess of thirty (30) days,
then upon the happening of any of these events, the Lessor or the Lessor's agent shall give the
Lessee ten (10) days notice to comply with the provisions of this Lease; and should the Lessee fail
to do so, the Lessor or the Lessor's agent shall have the option of declaring all rent due hereunder
immediately payable and shall have the option of availing itself of any of the following remedies:
(a) Declare this Lease terminated at once and take possession of the leased
premises by the use of a pass-key, or in any other manner, and such repossession shall not be a
trespass. In such case, the Lessee shall be liable to the Lessor for any unpaid annual rental as
liquidated damages for the breach of this Lease by the Lessee.
(b) Sublet the premises at the best price obtainable under private negotiations
(BOA THOUS. LEA)
6
J,
(provided that notice of Lessor's intention to sublet the premises is first advertised once a week
for two (2) weeks in the Augusta Chronicle or such other official organ authorized for the
advertisement of sheriff's sales); and if the price obtained in less than the rental reserved
hereunder then the difference between the rental obtained by such subletting and the rental
reserved hereunder shall be paid by the Lessee. Such subletting on the part of the Lessor shall not
in any sense be construed to be a breach of this contract, but the Lessor shall be merely acting as
the agent of the Lessee to minimize the damage, and the Lessor shall not be required to sublet the
premises for any other use than that specified herein. The Lessor shall have the right to enter
upon the leased premises through the use of a pass-key or in any other manner, and the same shall
not constitute a trespass.
(c) The rights and options given to the Lessor and Lessor's agent under
subparagraph (a) and (b) above shall not be construed to be in lieu of nor restrictive of any other
rights which the Lessor or its agent may have under the law for the enforcement of this contract,
but the options and rights conferred upon the Lessor and its agent by said subparagraphs shall be
held and construed to be cumulative of any and all rights and privileges which Lessor and its agent
may have under the general laws of the State wherein the premises are located.
The failure of the Lessor or its agent to avail itself of any remedy which it may have
hereunder shall at no time be construed to be a waiver of the Lessor's rights, but the Lessor
and its agent may proceed at any time and avail itself of any and all amounts which may be due
it by the Lessee for rent or liquidated damages or otherwise under the provisions of this contract.
8. Repairs by the Lessee. The Lessee expressly agrees to repair at its own expense
any damage to water or steam pipes or other improvements or fixtures located on the leased
premises caused by freezing or any other negligence of the Lessee, and the Lessee will also repair,
(BOATHOUS , LEA)
7
. ,
keep open, and clear all water and sewerage lines or pipes.
9. Liability for Damages. The Lessee agrees that the Lessor shall not be liable to the
Lessee, or Lessee's agents, servants or other persons lawfully using the premises, for damage to
person or property by reason of any defect or defects in the leased premises or any additions or
renovations thereto or other improvements which shall hereafter be constructed upon the leased
premises by Lessee.
10. Alterations and Improvements. The Lessee may, at any time, make any alteration,
modification, or addition to the improvements of fixtures constructed on the Premises or erect
additional improvements or fixtures on such Premises at the Lessee's own expense provided that
such alterations, improvements or additions are approved in advance in writing by the Lessor and
the Riverfront Development Review Board, which approval shall not be unreasonably withheld.
In connection with any action which the Lessee may take with respect to the Lessee's rights
pursuant to the preceding sentence, the Lessee shall pay all costs, expenses and liabilities arising
out of or in any way connected with such alterations, improvements or additions which the Lessor
does not expressly agree in writing to otherwise assume. The Lessor shall only be called upon or
be obligated to make any improvements, alterations or repairs in or about such Premises, as are
set forth in this Lease Agreement or are subsequently jointly agreed to in writing by the Lessee
and the Lessor.
11. Condition at Termination. The Lessee further agrees to surrender said premises
at the expiration of this Lease in as good order and repair as the same are on the completion of
improvements required to be made by the terms hereof, natural wear and tear excepted.
12. Governmental Regulations. The Lessee agrees to comply with all ordinances and
regulations of the RICHMOND COUNTY, GEORGIA, and all laws and regulations of the State
(BOA THOUS,LEA)
8
"
of Georgia, and with all rules, regulations and orders of departments of the County, State, and
Federal governments and of the Board of Health.
13. Insurance Liability. The Lessee agrees to procure and maintain during the entire
term of this Lease and any and all renewals thereof, at Lessee's expense, Landlord and Tenant,
general liability insurance, on the within leased premises in limits of not less than $1,000,000 per
person for the first twenty (20) years of the lease term and with limits of not less than $2,000,000
per person for the remainder of the lease term; such insurance policy shall protect the Lessor and
the Lessee as named Insureds and shall contain a provision that it shall not be canceled or
terminated without at least ten (10) days advance written notice to Lessor. Lessee shall furnish
Landlord with a copy of any and all policies of insurance providing such insurance coverage
together with reasonable evidence from time to time during the term of the lease that such
coverage remains in full force and effect.
14. Utilities. It is understood and agreed that the Lessor shall not be under any
obligation to supply the leased premises with water, heat, lights and/or power and the Lessor
assumes no obligation in connection with the aforementioned items. The Lessee agrees to pay all
light, water, heat, gas and power bills arising out of the use of the leased premises by the Lessee,
and in the event that the Lessee does not pay the same and the amount so paid shall bear interest
from date of payment at the rate often (10%) percent per annum, and shall become a part of the
rent due hereunder and may be collected in the same manner as any other rent hereby reserved.
15. Repairs. Alterations and Additions. All improvements heretofore constructed upon
the leased premises together with all repairs, alterations, additions, and improvements hereafter
made to or constructed upon the leased premises by the Lessee, shall be and remain a part of said
premises and shall be surrendered to the Lessor by the Lessee at the expiration of the term of this
(BOATHOUS.LEA)
9
"
Lease. In the event that any repairs, additions, alterations or improvements are made by the
Lessee through a contractor or subcontractor, the Lessee agrees that he will closely supervise such
work and see that all laborers and materialmen are promptly paid so that no lien or claim will
accrue or be filed against the leased premises; and in the event that the Lessee hires laborers
and/or purchases material for the improvement of the leased premises, it will promptly pay all
charges for such labor and/or material when the same become due so that no liens or claims will
accrue or be filed or asserted against the leased premises. Lessor shall have the right to call upon
the Lessee for a sworn statement or other information concerning the payment of any contractor,
laborer and/or materialman who may have furnished labor or materials for the improvement of the
leased premises and Lessee covenants and agrees that it will immediately give full information in
regard to all such matters to the Lessor upon demand. Lessee, however, shall have the right to
remove Lessee's personal property in the nature of trade and/or business fixtures from the
premises at the expiration of this Lease, but Lessee shall at his own expense repair any damages
to the leased premises which may result from the removal therefrom of any such personal property
of Lessee. Nothing in the paragraph or in this Lease shall be construed to authorize the Lessee
to remove from the leased premises any electrical wiring, electric fixtures, switches, duct-work,
pipes, plumbing fixtures, or any similar objects which may have been installed by the Lessee
unless Lessee shall have obtained the written consent of Lessor for such removal at the time of the
installation of any such object or objects.
16. Posting. The Lessor shall be privileged, during the last seventy-five (75) days of
the term of this Lease, to post said premises for rent or sale and to attach a sign or signs for thate
purpose upon any portion of the building, and during said time to exhibit said premises during
week days.
(BOATHOUS.LEA)
10
"
17. Exclusive Possession and Maintenance. The leased premises shall be in the
exclusive possession of the Lessee, unless otherwise agreed to in writing by Lessor, and Lessor
shall not be under any obligation during the term of this Lease to make any inspection or
inspections of the lease premises, but nevertheless, Lessor shall be permitted to enter said premises
at all reasonable hours to inspect the condition of the premises. Lessee shall make such repairs,
additions or alterations as may be deemed necessary for the safety and preservation of the
restaurant building and any other improvements on the leased premises. Lessee shall also be
responsible for maintenance of the leased premises in a clean and orderly condition at all times.
18. Fire Damage.
a. Should the premises hereby leased be partially damaged by fire or other
casualty, or by reason thereof, at any time during the term hereof, the Lessee or its representative,
shall give immediate notice thereof to the Lessor and Lessee shall cause the same to be promptly
repaired. A reduction of rent, proportionate to interference to business shall be allowed the Lessee
during the time necessary to restore said premises or make the necessary repairs, as the case may
be.
b. In case the buildings and improvements on the premises hereby leased shall be
damaged by fire or otherwise, to an extent that the cost of restoration would be in excess of fifty
(50 %) percent of their value prior to the damage, and the Lessee shall decide not to restore the
same to substantially the same condition as at the time of the fire or other casualty, then, in such
event the term of this Lease shall cease and rent shall be paid up to the time of such damage or of
such termination and no longer. The proceeds of any insurance policy providing fire or other
hazard coverage, payable because of damage to the improvements but not the contents thereof, if
not used to restore the improvements as aforesaid, shall be paid to Lessor.
(BOA THOUS,LEA)
11
"
19. Realtor's Commission. Lessee warrants that there are no realtor's or brokerage
commissions due to any realtor, real estate broker, or other agent and Lessee shall indemnify and
hold Lessor forever harmless from any and all claims of any realtor or agent for which Lessee has
any liability for any and all commissions due or any such realtor in connection with the execution
and delivery of this Lease or the prior lease entered into between Lessor.
20, Differences between Lessor and Lessee. Should any dispute arise over the terms
of this Lease, or should there be a difference between the Lessor and the Lessee regarding a
reduction of rent or a termination of this contract on account of fire or other casualties, the same
shall be determined in the Superior Court of Richmond County, Georgia.
21. Parties. It is mutually agreed by the parties hereto that whenever the context
requires, the terms "Lessor" and "Lessee" shall be construed to include the masculine, feminine,
or neuter, the singular or plural, and the heirs, executors, administrators, successors, legal
representatives or assigns, of each and/or all of the parties hereto, all of whom shall be fully and
completely bound by the covenants herein contained, and all rights, remedies and powers herein
conferred upon the Lessor shall inure to the benefit of any may be exercised by the Lessor's
successors, legal representatives or assigns.
22. Relationship Landlord and Tenant. This Agreement and any renewals hereof shall
create the relationship of landlord and tenant where the Lessor shall be the Landlord and the
Lessee shall be the tenant. No estate shall pass out of the Lessor, and the Lessee has only the use
of the premises, which use is not subject to levy and sale and not assignable by the Lessee, except
with the Lessor's consent. No Receiver, Trustee, or other judicial officer shall have any right,
title, or interest in and to the above described property, except with the consent of the Lessor.
23. Release from Damages. The Lessee hereby releases the Lessor from any and all
(BOA THOUS.LEA)
12
.,
damage to person and property suffered upon the leased premises, and the Lessee will indemnify
and hold the Lessor forever free and harmless from all damages hereafter sustained by Lessee or
Lessee's agents, servants, employees, invitees and licensees, arising on or about the leased
premises or as a result of the Lessee's use thereof. In the event that the Lessor is obligated to
make any repairs to any defective or dangerous condition in the premises under the provisions of
this Lease, the Lessee agrees that he will use reasonable diligence to repair such defective or
dangerous conditions after giving such notice, which shall be in writing. Whether the Lessee
notifies the Lessor of any such defective or dangerous condition or not, the Lessee assumes all
damages which may result from such condition.
24. Tenant Holding Over. In the event that the Lessee should continue to occupy the
premises over and beyond the term of this Lease, acceptance of rent by the Lessor shall not
operate to renew this Lease in any way, but the Lessee shall be held to be occupying the premises
as a tenant at sufferance and shall vacate the premises immediately upon being notified to do so.
25. Entire Contract. This Lease contains all of the agreements between the parties, and
no oral representations are binding upon any party hereto unless the same have been incorporated
herein in writing.
26. Delivery of Possession. The Lessor shall not be liable for damages to the Lessee
for failure to deliver possession of the premises at the commencement of the term of this Lease
if such failure is due to no fault of the Lessor.
27. Customs of Dealing. The Lessor's failure to take advantage of any default on the
part of the Lessee shall not be construed as a waiver thereof, nor shall any custom or practice
which may grow up between the parties in the course of administering this instrument, be
construed to waive or lessen the right of the Lessor to insist upon the provisions hereof.
(BOA THOUS. LEA)
13
",
28. Repairs ofthe Lessor. The Lessor shall be under no obligation to make periodic
inspections of the leased premises for the purpose of ascertaining their condition or the purpose
of ascertaining whether nor not repairs are needed or for any other purpose. Lessee shall be
obligated to make all repairs including repairs to the roof, downspouts and structural members of
the leased premises.
29. Special Stipulations. Notwithstanding the foregoing, the following special
provisions shall control:
(a) Lessor will maintain such signs as are presently located in the vicinity of the
leased premises in order to enable persons unfamiliar with the area in which the leased premises
are located to drive without delay to Lessee's boathouse so long as such signage does not violate
any ordinances of Richmond County, Georgia.
(b) The Lessor will continue to make available to the leased premises such
services for electricity, gas, water, sewage and fire protection, as have heretofore been made
available to the leased premises, provided that Lessee shall pay all light, water, heat, has, and
power bills arising out of the use of the leased premises by the Lessee, as specified in Section 14
of this Lease.
(c) The Lessee shall have the right to terminate this Lease any time upon giving
Lessor, during the initial or any extended term, ninety (90) days written notice. In the event of
such termination, Lessee shall only be responsible for making such rental payments and complying
with such other obligations as may become due or accrue prior to such termination.
(d) The Lessor shall maintain such permanent street lighting in the area of the
leased premises as is now installed thereon.
(e)
The Lessor shall maintain such landscaping and picnic tables for general
(BOA THOUS.LEA)
14
-,
~
public use along the riverfront of the Savannah River adjacent to the leased premises as are
currently in place.
(f) Lessor shall cause the vegetation on the levee in the vicinity of the leased
premises to be mowed and controlled on a regular basis so as to enhance the appearance of the
general area near the leased premises.
(g) Lessee shall at all times during the initial term of this Lease and any
renewals thereof continuously occupy the premises and operate the boathouse referred to herein.
(h) The Lessor shall require the sponsor of any special events conducted on the
river to police the parking area and underside of the restaurant during said special events.
(i) Prior to the commencement of any construction by Lessee on the leased
premises, the plans for such construction and any signs to be on the leased premises shall be
approved by the Lessor, the Riverfront Development Review Board, and the Augusta Richmond
County Planning Commission, and the Savannah District Engineer with the Corps of Engineers.
The Lessor shall assist the Lessee in obtaining these approvals.
(j) Lessor has constructed and striped certain paved parking spaces, a portion
of which are located on the leased premises and a portion of which are located on property
adjoining the leased premises. The parking spaces located on the leased premises will be used for
the exclusive use of the Lessee. Said parking spaces located on the adjoining property shall be
equally available to both Lessee and members of the general public; however, Lessor shall cause
signs to be posted thereon prohibiting parking of boat trailers and recreational vehicles in such
spaces.
(k) All notices from Lessor to Lessee hereunder shall be deemed sufficient when
mailed by registered or certified mail postage prepaid sent to President, Augusta Rowing Club,
(BOATHOUS,LEA)
15
.,.
'.
Post Office Box 3362, Augusta, Georgia 30903, or to such other alternate address as Lessee shall
from time to time request in writing.
(1) All notices from Lessee to Lessor hereunder shall be deemed sufficient when
mailed by registered or certified mail postage prepaid to Clerk of Council, Augusta-Richmond
County Commission-Council, Augusta-Richmond County Municipal Building, 530 Greene Street,
Augusta, Georgia 30911, or at such other alternate address as Lessor shall from time to time
request in writing.
30. Revocation of Existing Lease. This Lease revokes and supercedes all other prior
agreements, whether verbal or written, between the Lessor and the Lessee regarding the subject
matter contained herein, including but not limited to that certain Lease Agreement dated December
27, 1995 between the City Council of Augusta Rowing Club, Incorporated.
IN WITNESS WHEREOF, the parties hereto have caused their proper officers to execute
these presents and affix their respective corporate seals hereto in duplicate, the day and year first
above written.
LESSOR:
~T T~. '_,,",
~aU'~
C ERK 0 OUNCIL
(BOA THOUS.LEA)
16
...cr
"
" .>.
"
"
SIGNED, ~LED & DELIVERED
on the L1....!:.- day o~.. ~ .....
1996, in Richmond unty, ~eorgia,
in the presence of:
NOTARY PUBLIC, RICHMOND COUNTY, GEORGIA
My Commission expires 2-5-2000
LESSEE:
LUBINCORPORATED
L-
AS ITS PRESIDENT
~~~dLL
~~
AS IT~ ECRETARY ~
~;4s.PJ~
[CORPORA TE SEAL]
SIGNED, SEALED
on the /7 Pday of
1996, in Richmond unt,
in the~ 4Pf
~ i/3.A~
NOTARY PUBLIC, RIC~~ND COU~Y, GEORGIA
My Commission expires 2-5-2000
(BOA THODS.LEA)
17
"
'.
..
EXHIBIT" A"
All that tract or parcel of land, including building and all improvements and fixtures
thereto, situate, lying and being in the State of Georgia, County of Richmond, City of
Augusta, containing 1.182 acres as shown and designated upon a certain plat dated January
3, 1986, prepared for City Council of Augusta by Department of Public Works, a copy of
which is attached hereto, marked "Exhibit AA" and incorporated by reference herein for
a more particular description of said property.
(BOATHOUS.LEA)
18
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EXHIBIT "B"
[THE ENTIRE GROUND LEVEL OF THE FACILITY, THE BAR AREA ON THE SECOND FLOOR
OF THE FACILITY, AND THE PARKING LOT DOWNSTREAM FROM THE FACILITY, ALL TO
BE DESCRIBED ON A COPY OF THE PLANS TO BE A TT ACHED HERETO.]
(BOA THOUS, LEA)
19
'"
.-
.
.
EXHIBIT "C"
[THE BALANCE OF THE AREA ON THE SECOND FLOOR AND THE ENTIRE AREA OF THE
THIRD FLOOR, TO BE SHOWN ON A COPY OF THE PLANS TO BE ATTACHED HERETO.]
(BOA THOUS.LEA)
20
'\
~~
STATE OF GEORGIA
)
)
)
REAL EST A TE PURCHASE AGREEMENT
COUNTY OF RICHMOND
THIS AGREEMENT, made and entered into this ~ day of S~~ ' 1996, between
RIVER RESTAURANT, LIMITED PARTNERSHIP, a Georgia Limited P rtnership, hereinafter
referred to as "Seller," and RICHMOND COUNTY, GEORGIA, hereinafter referred to as
"Buyer. "
WITNESSETH:
WHEREAS, Richmond County, Georgia, by virtue of the consolidation with the City of
Augusta effective January 1,1996, is the owner of the land described on Exhibit "A," which is
attached hereto and by reference made a part hereof:
WHEREAS, said property is subject to a lease agreement dated May 20, 1991 by and
between CITY COUNCIL OF AUGUSTA and the AUGUSTA PORT AUTHORITY:
WHEREAS, Seller is the owner of a leasehold interest in said property by virtue of a Lease
Agreement dated January 31, 1989, by and between CITY COUNCIL OF AUGUSTA and
AUGUSTA PORT AUTHORITY, collectively as Lessor, and Seller, as Lessee;
WHEREAS, Seller is the owner of certain leasehold improvements, including but not
limited to a building and certain furniture, fixtures and equipment on said property; and
WHEREAS, Seller desires to sell and assign to Buyer, and Buyer desires to purchase and
receive from Seller, all of Seller's right, title and interest in and to its leasehold interest and the
improvements on the leasehold interest.
NOW, THEREFORE, for and in consideration of the mutual promises and conditions
contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Purchase and Sale. Seller has agreed to sell and Buyer to buy, on the terms and
conditions hereinafter set forth, the following described property, to wit:
a. All of Seller's right, title and interest in and to all that tract or parcel of land
situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, containing
1.182 acres as shown and designated upon a certain plat described January 3, 1985, prepared for
City Council of Augusta by Department of Public Works, a copy of which is attached hereto,
marked Exhibit "A" and incorporated by reference herein for a more particular description of said
property .
b. All leasehold improvements, including but not limited to the building and
certain furniture, fixtures and equipment situate, lying and being on said property, as more
particularly described on Exhibit "B," which is attached hereto and by reference made a part
(BOA THOUS.AGR)
1
\
-'"
~
hereof.
2.
follows:
Purchase Price. The purchase price of said property is $390,000, payable as
a. $365,000.00 shall be payable by Buyer to Seller in cash or equivalent funds
at Closing.
b. $25,000.00 shall be payable by Augusta Rowing Club, Incorporated (the
"Club") to Seller in cash or equivalent funds at Closing. In consideration of the payment by the
Club of $25,000 to be applied towards the purchase price ofthe property, as an advance lump
sum payment of rent by the Club to Buyer, Buyer shall grant to the Club a leasehold interest in
that certain portion of the premises described in the Lease Agreement attached hereto as Exhibit
"C" and by reference made a part hereof which the Buyer, as Lessor, and the Club, as Lessee,
shall execute immediately after the conclusion of the Closing.
3. Closing. The Closing (the "Closing") of the purchase and sale of the property
provided for in this Agreement shall take place at the offices of Burnside, Wall, Daniel, Ellison
& Revell, 454 Greene Street, Augusta, Georgia 30901 on or before August 1, 1996 at 5:00 p.m.,
or such other date as may be mutually agreeable to the parties. The parties shall execute and
deliver all of the documents and perform all other acts which are required by them under this
Agreement at the Closing.
4. Documents to be Delivered at Closing.
a. In addition to any other documents which may be required by the terms
hereof at Closing, Seller shall deliver to Buyer the following:
i . Quit-Claim Deed conveying and releasing to the Buyer any and all
of Sellers right, title and interest in and to the property described on Exhibit "A."
ii. Bill of Sale conveying to Buyer any and all of Seller's right, title and
interest in and to the leasehold improvements on the property, including but not limited to the
building, structures, furniture, fixtures, equipment and other improvements set forth on Exhibit
"B."
lll. Assignment of Lease assigning to Buyer any and all of Sellers' right,
title and interest in and to that certain Lease Agreement dated January 31, 1989 by and between
City Council of Augusta and Augusta Port Authority, collectively as Lessor, and Seller, as Lessee,
and any amendments thereto.
IV. A sale closing statement.
v. Documents necessary to discharge any security deeds, liens or other
objectionable encumbrances on the property.
(BOA THODS.AGR)
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vi. Partnership and corporate resolutions and incumbency certificates,
if necessary, to evidence the authority for the sale of the property and execution of related
documents by Seller.
vii. All other documentation as may be reasonably required by Buyer to
carry out the terms, covenants, conditions and interest of this Agreement.
b. In addition to the other documents which may be required by the terms
hereof at Closing, Buyer shall deliver to Seller the following:
1. A sale closing statement.
ii. Documents necessary to discharge Seller from any and all obligations
to pay any rent which may have accrued or otherwise be in arrears pursuant to the lease agreement
dated January 31, 1989, by and between City Council of Augusta and Augusta Port Authority, as
Lessor, and Seller, as Lessee, including resolutions or other documentation from the Buyer, as
successor in interest to the City Council of Augusta, and the Augusta Port Authority, to evidence
the release of Seller from such obligations.
lll. All other documentation as may be reasonably required by Seller to
carry out the terms, covenants, conditions and interest of this Agreement.
c. In addition to the other documents which may be required by the terms
hereof at Closing, Buyer, as Lessor, and the Club, as Lessee, shall enter into a Lease Agreement
which is attached hereto as Exhibit "C" and by reference made a part hereof.
5. Conditions Precedent. The obligations of Seller and Buyer to consummate the
transactions contemplated by this Agreement are expressly subject to and conditioned upon
fulfillment prior to or at the Closing of each of the following conditions, any of which may be
waived by the Buyer:
a. The representations and warranties of Seller contained herein or otherwise
delivered pursuant hereto shall be true in all material respects as of the date when made and as of
the date of the Closing.
b. Seller shall have performed and complied in all material respects with all
agreements and conditions required by this Agreement to be performed or complied with by it
prior to or at the date of the Closing.
c. No federal, state or local government, governmental unit, agency, body or
authority with competent jurisdiction over the subject matter shall have given official written
notice of its intention to institute proceedings to prohibit the transactions contemplated by this
Agreement.
d. This Agreement, and the transactions contemplated hereunder, shall have
received the approval of the Augusta-Richmond County Commission-Council and the Augusta Port
(BOA THOUS.AGR)
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Authority.
e. The Augusta-Richmond County Commission-Council and the Augusta Port
Authority shall have approved the assignment of the leasehold interest in the property from Seller
to Buyer; shall have approved the termination of the existing lease dated January 31, 1989, as
amended, between the City Council of Augusta and the Augusta Port Authority, as Lessor, and
River Restaurant Limited Partnership, as Lessee; shall have approved the cancellation of any
accrued rents, and the release of Seller from any obligation to pay any accrued rents, which may
otherwise be due from River Restaurant Limited Partnership to Richmond County, Georgia or to
the Augusta Port Authority pursuant to said lease dated January 31, 1989, as amended; and shall
further have approved a new lease of the property between the Richmond County, Georgia, as
Lessor, and the Augusta Rowing Club, Incorporated, as Lessee, in substantially the same form
attached hereto as Exhibit "C" and by reference made a part hereof.
6. Representations and Warranties of Seller. Seller hereby represents and warrants
to Buyer as follows:
a. Seller has good and marketable title to said property, and that at the time
of Closing Seller agrees to convey good and marketable title to said property to Buyer by Bill of
Sale (with respect to leasehold improvements) and Assignment (with respect to leasehold interest)
subject only to (1) zoning ordinances affecting said property, (2) general utility easements of
record serving said property, and (3) leases, other easements, other restrictions and/or
encumbrances specified in this contract.
b. Seller is a limited partnership duly organized, validly existing, and in good
standing under the laws of the State of Georgia, and has the power to carry on its business as
presently conducted.
c. The execution, delivery and performance of this Agreement has been duly
and validly authorized and approved by all necessary action on part of Seller. Seller has the power
and authority to execute, deliver and perform this Agreement and such other instruments necessary
to consummate the transactions hereby contemplated. This Agreement constitutes the valid and
binding obligation of Seller, enforceable in accordance with its terms, except as may be limited
by bankruptcy, insolvency or other laws of general application relating to creditors I rights or
general principals of equity. Neither the execution, delivery and performance or compliance by
Seller with the terms and provisions hereof will conflict with or result in a breach of (i) the
Certificate or Agreement of Limited Partnership of Seller, (ii) any judgment, order, injunction,
decree, regulation or ruling of any court or other governmental authority to which Seller is
subject, or (iii) any agreement or contract to which Seller is a party or to which it is subject.
d. At the time of Closing, the Property will be free of any liens, security
interests, encumbrances or other restrictions except for the Permitted Exceptions, whether existing
of record or otherwise.
e. Seller has not received, and has no knowledge of and contemplated notice
or request from any municipal or county department, insurance company or board of fire insurance
(BOATHOUS.AGR)
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underwriters (or organization exercising functions similar thereto), other governmental authority
or mortgagee requesting or requiring the performance of any work or alteration in respect to the
Property which has not been complied with, and there is no violation of any local, state or federal
pollution control laws as the Property is presently being used and occupied.
f. Seller has no knowledge of any pending or contemplated condemnation
proceedings affecting the Property or any part thereof, and Seller agrees to give Purchase prompt
notice of any such contemplated condemnation or the institution of any condemnation proceeding.
g. Seller has the exclusive right of possession of the Property.
h. No materialmen's or mechanic's liens are filed of record or threatened
affecting the Property.
i. No person or entity has any rights in or to acquire the Property or any part
thereof. With the exception of this Agreement, there is no contract or agreement of any kind or
nature affecting the Property or the operation thereof which will survive Closing.
j. Seller is not a party to any litigation affecting the Property or any part
thereof or Seller's right to sell the Property, and Seller knows of no litigation or threatened
litigation affecting the Property or any part thereof; and Seller covenants and agrees to give to
Purchase prompt notice of the institution or threatened institution prior to Closing of any such
litigation,
k. There are no violations of any law, ordinance, order or requirement
affecting the Property and there are no violations of record of any of the foregoing.
I. There are no existing prior tax or governmental assessments which are
unpaid, and Seller has no knowledge of any pending assessments against the Property. Any
assessment which is or becomes a lien against the Property as a result of improvements prior to
Closing shall be satisfied by Seller, regardless of when it is assessed.
7. Representations and Warranties of Buyer.
a. Buyer is a governmental body duly organized, validly existing, and in good
standing under the laws of the State of Georgia, and has the power to carryon its business as
presently conducted.
b. The execution, delivery and performance of this Agreement has been duly
and validly authorized and approved by all necessary action on part of Buyer. Buyer has the
power and authority to execute, deliver and perform this Agreement and such other instruments
necessary to consummate the transactions hereby contemplated. This Agreement constitutes the
valid and binding obligation of Buyer, enforceable in accordance with its terms, except as may be
limited by bankruptcy, insolvency or other laws of general application relating to creditors' rights
or general principals of equity. Neither the execution, delivery and performance or compliance
by Buyer with the terms and provisions hereof will conflict with or result in a breach of (1)
(BOATHOUS.AGR)
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Articles of Corporation or Bylaws of Buyer, (ii) any judgment, order, injunction, decree,
regulation or ruling of any court or other governmental authority to which Buyer is subject, or (iii)
any agreement or contract to which Buyer is a party or to which it is subject.
8. Objections to Title. Buyer shall have fifteen (15) days after acceptance of this
contract in which to have the title to said property examined by an Attorney and in which to
furnish Seller with a written statement of objections affecting the marketability of said title. Seller
shall have fifteen (15) days after receipt of such objections to satisfy all valid objections and if
Seller fails to satisfy such objections within said time, then at the option of the Buyer, evidenced
by written notice to Seller, this contract shall be null and void.
9. Time of Essence. Time is of the essence of this contract; and, Seller and Buyer
agree that such papers as may be necessary to carry out the terms of this contract shall be executed
and delivered by such parties at the time this sale is consummated.
10, Condition of Improvements. Buyer shall purchase the property from Seller "as is."
Seller warrants that when the sale is consummated the improvements on the property will be in
the same condition as they are on the date of this contract, natural wear and tear excepted, and
Seller specifically assumes the risk of loss or damage to said property until the consummation of
the sale. Should the premises be destroyed or substantially damaged before this contract is
consummated, then, at the election of Buyer: (a) The contract may be canceled; (b) Buyer may
consummate the contract and receive such insurance as is paid on the claim of loss; or if there is
no insurance, the reasonable cost of repairing said improvements shall be subtracted from the
purchase price provided for in Section 2 hereof. This election is to be exercised by the Buyer
within ten (10) days after the amount of the Seller's damage is determined.
11. Prorations and Closing Costs. etc. Seller is to pay all liens, encumbrances, utility
bills, water bills, sanitation fees and the like on said property, and for all revenue stamps on
Seller's deed. Taxes, rents and insurance premiums are to be pro-rated as of the date of closing.
Buyer is to pay for the examination of title, intangible tax, and preparation of all instruments
necessary to close this sale.
12. Special Stipulations. The following stipulations shall, if in conflict with the printed
matter contained herein, control:
a. Seller shall provide Buyer at the closing a wood infestation report from a
licensed pest control operator certified in destroying organisms stating the main dwelling has been
found to be free from visible infestation and structural damage caused by tennites and other wood
destroying insects and/or organisms or that if such infestation previously existed, it has been
corrected. The inspection referred to herein shall have been made within 30 days prior to closing.
b. The provisions of this sale contract between the parties shall survive and
remain effective after the closing of the within sale and the delivery of the deed of conveyance and
possessions pursuant to the terms of this contract.
c.
Buyer and Seller represent and warrant that no broker has been hired by
(BOA THOUS.AGR)
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either party, and that there are no fmder' s or broker's fees due in connection with this transaction.
d. Buyer shall, at its option, obtain a written Phase I environmental assessment
report prepared by an engineering fIrm acceptable to Buyer verifying that the property is free from
the release, threatened release, storage, generation, transportation, reclamation, recycling or
disposal of any hazardous waste, toxic substances, or any other regulated substances. The
environmental assessment shall be performed by either an engineering company or an
environmental consulting fIrm selected by Buyer. The cost of the Phase I environmental
assessment as well as all related inspections, tests, and other work conducted on, or materials
furnished to, the property by or for Buyer's benefIt shall be paid by the Buyer. Buyer shall
indemnify Seller from and against any loss or damage to the property caused by either the
negligent acts or omissions of Buyer, or the persons performing such inspection and testing of the
property. If the Phase I environmental assessment report reveals any hazardous waste, toxic
substances, or non-compliance with any local, state, or federal laws and regulations, then Buyer
shall furnish Seller with a copy of the Phase I environmental assessment report together with a
demand upon Seller to remediate the hazardous waste, toxic substances, or other non-compliance
with law prior to the date of closing. Upon receipt of such demand, Seller shall have the option
to (I) remediate the hazardous waste, toxic substances, or other non-compliance, or (ii) terminate
this contract, in which case Buyer shall be entitled to the prompt return of the earnest money as
its sole remedy. If Seller elects to remediate the conditions, then all remediation activities shall
be performed by Seller or its designated agents at its sole cost and expense, and shall be completed
in strict compliance with all local, state and federal laws. Seller shall provide to the sole
satisfaction of Buyer sufficient evidence of an environmentally clean site prior to closing. If Seller
fails to properly remediate the hazardous waste, toxic substances, or other non-compliance with
laws to the sole satisfaction of Buyer, then Buyer shall have the option to terminate this agreement
at any time prior to closing. In such event, Buyer shall be entitled to the prompt return of the
earnest money as its sole remedy.
13. Entire agreement: modifIcation. This instrument constitutes the entire agreement
between the parties. It has been entered into after full investigation, neither party relying upon
any statement or representation by the other unless embodied herein. This agreement may not be
modifIed except by further written agreement duly executed by both parties.
14. Binding effect. This agreement shall be binding upon and inure to the benefIt of
the parties hereto and their respective legal representatives, successors, and assigns.
15. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be deemed to have been given on the earlier of the fIrst business day after the date notice
is delivered to the address of the other party as stated below, two days after notice is mailed by
United States mail, certifIed mail, return receipt requested, to such address, or upon confirmed
receipt by telecopy. The addresses for notices are as follows; however, either party may, by
written notice, change its address for the purpose of future notices:
Seller: Dick Fox
1313 Waters Edge Dr.
(BOATHOUS.AGR)
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Augusta, GA 30901
Buyer: Mayor Larry Sconyers
Augusta-Richmond County Commission-Council
Municipal Building
530 Greene Street
Augusta, GA 30911
With a copy to: Harry D. Revell
Burnside, Wall, Daniel, Ellison & Revell
454 Greene Street
Augusta, GA 30901
Club: John Patterson
820 Riverfront Dr.
Augusta, GA 30901
With a copy to: W. Lawrence Fletcher
Fletcher, Harley & Fletcher
429 Walker Street
P.O. Box 2084
Augusta, GA 30903
16. Nonwaiver. No delay or failure by either party to exercise any right hereunder,
and no partial or single exercise of such right, shall constitute a waiver of that or any other right,
unless otherwise expressly provided herein.
17. Headings. Headings in this agreement are for convenience and reference only and
shall not be used to interpret or construe its provisions.
18. Governing law. This agreement shall be construed in accordance with and
governed by the laws of the State of Georgia.
19. Counterparts. This agreement may be executed in one or more counterparts, each
of which shall be deemed an original but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Seller and Buyer hereto have executed these presents, the
day and year first above written.
, LIM1TSD PARTNERSHIP
BY:
(BOA THOUS.AGR)
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ATTEST:
L PARTNER
[CORPORA TE SEAL]
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[CORPORA TE SEAL]
BY THE EXECUTION HEREOF, the Club joins in this Agreement for the purpose of
acknowledging its agreement to perform its obligations hereunder.
CLUB:
AUGUSY RO ~ORI':TED
ZIDEY~/d
SE
(BOA THOUS,AGR)
[CORPORATE SEAL]
9
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EXHIBIT "A"
All that tract or parcel of land, including building and all improvements and
fixtures thereto, situate, lying and being in the State of Georgia, County of
Richmond, City of Augusta, containing 1.182 acres as shown and
designated upon a certain plat dated January 3, 1986, prepared for City
Council of Augusta by Department of Public Works, a copy of which is
attached hereto, marked "Exhibit AA" and incorporated by reference herein
for a more particular description of said property.
(BOA THOUS.AGR)
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EXHIBIT "B"
1. Building, structures, and other improvements situate, lying and being on the property
described on Exhibit "A."
2. One (1) walk-in, built-in cooler located in the kitchen area of the building.
3, One (1) walk-in, built-in freezer located in the kitchen area of the building.
4. One (1) ceiling-mounted, up-draft, commercial ventilating system located in the kitchen
area of the building.
5. Three (3) stainless steel sinks located in the kitchen area of the building.
(BOATHOUS.AGR)
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EXHIBIT _~ ~::~
STATE OF GEORGIA
)
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LEASE
COUNTY OF RICHMOND)
THIS LEASE AGREEMENT, made this _ day of
, 1996, by and between
RICHMOND COUNTY, GEORGIA, hereinafter collectively called "Lessor," and AUGUSTA
ROWING CLUB, INCORPORATED, a Georgia non-profit corporation, hereinafter called
" Lessee" :
WITNESSETH:
WHEREAS, the Lessor is the Owner of the following described property, to-wit:
All that tract or parcel of land, together with the improvements
thereon, situate, lying and being in the State of Georgia, County of
Richmond, City of Augusta, containing 1.182 acres as shown and
designated upon a certain plat dated January 3, 1986, prepared for
City Council of Augusta by Department of Public Works, a copy of
which is attached hereto, marked "Exhibit A" and incorporateq by
reference herein for a more particular description of said property.
WHEREAS, the Lessor has this day purchased from River Restaurant Limited Partnership
the improvements, including but not limited to a building and certain furniture, fixtures and
equipment, situate, lying and being on said property, pursuant to a Real Estate Purchase
Agreement dated July 3, 1996 between Richmond County, Georgia, as Buyer, and River
Restaurant Limited Partnership, as Seller (the "Real Estate Purchase Agreement").
WHEREAS, the Lessee has paid to the Lessor, at and before the delivery of these presents,
the sum of Twenty-Five Thousand and nol100 ($25,000) Dollars, the receipt of which is hereby
acknowledged, which sum has been applied by the Lessor towards the purchase price of said
improvements pursuant to said Real Estate Purchase Agreement.
WHEREAS, the Lessor desires to lease to the Lessee, and the Lessee desires to lease from
(BOATHOUS,LEA)
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the Lessor: a portion of the premises as described on Exhibits "B" and "C," which are attached
hereto and incorporated herein for a more particular description of said property, pursuant to the
terms and conditions of this Lease.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
hereinafter set forth, the parties do hereby agree as follows:
1. Lease. The Lessor does hereby rent and lease unto the Lessee, and the Lessee does
hereby rent and lease from the Lessor, on the tenus and conditions hereinafter stated, the premises
described on Exhibits "B" and "C," which are attached hereto and incorporated herein for a more
particular description of said property.
2. Use and Development of Property.
a. Boathouse. The property described on Exhibit "B" shall be used and
developed as a boathouse for the purpose of housing the Augusta Rowing Club and its related
programs, including but not limited to the United States Sculling Center, the Augusta Rowing Club
Junior Program, the Augusta Rowing Club Masters Program, and the Augusta College Rowing
Program.
b. Programs. The Lessee shall foster and promote national and international
amateur competition in the sport of rowing, as well as recreational rowing, through the Augusta
Rowing Club Junior Program, the Augusta Rowing Club Masters Program, the Augusta College
Rowing Program, and the United States Sculling Center.
c. Building. The Lessee shall renovate the building on the leased prenllses
to house the Augusta Rowing Club and its related programs in accordance with the plans,
drawings and specifications prepared by Virgo and Gambill dated May 31, 1996, revised June 3,
1996, and revised June 7, 1996, subject to further revisions as may be approved by the Lessor,
(BOA THOUS, LEA)
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which approval shall not be unreasonably withheld. The Lessee shall expend a minimum of
$150,000 of its own funds towards the cost of renovating the portion of the premises described on
Exhibit "B," The Lessor shall contribute up to of $245,000 of its own funds towards the cost of
renovating the portion of the premises described on Exhibit "B" and Exhibit "C". All plans,
drawings, and specifications shall be approved by Lessor and the Augusta Port Authority, which
approval shall not be unreasonably withheld. The Lessee shall commence renovation within a
reasonable period of time upon obtaining said approval. After commencement of construction,
the Lessee shall work with reasonable diligence to complete all construction. All work shall be
performed in a good and workmanlike manner, shall substantially comply with the design plans
submitted to the Lessor and the Augusta Port Authority, and shall comply with all applicable
governmental permits, laws, ordinances, and regulations.
d. Special Events. The Lessee shall continue to host and/or sponsor an
Invitational Rowing Regatta sanctioned by the United States Rowing Association or a similar
sanctioning body to be held annually on the Savannah River. The Lessee shall cooperate with the
other special events sponsored in part by the Lessor or the Augusta Port Authority. From
Thursday through Sunday of each of the weeks during which "River Race Augusta" and the
"Augusta Southern Nationals" are held each year, the Lessee shall cease all rowing operations and
any other operations to the extent such operations which would interfere with those events, On
the appropriate Sundays of each year during which the "WGUS Day in the Country Concert" and
the "Red Cross Beach Music Festival" are held, the Lessee shall cease all rowing operations and
any other operations to the extent such operations which would interfere with those events.
Furthermore, the Lessor shall cooperate with all other special events sponsored in part or
approved by the Lessor, and to the extent necessary, the Lessee shall cease all rowing operations
(BOATHOUS.LEA)
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and any other operations which would interfere with such events, provided however, that the
Lessor shall coordinate such events with the Lessee and provided further that the Lessor shall
sponsor, approve, or schedule such events only to the extent that such events will not unreasonably
interfere with the ongoing operations of the Lessee.
3. Term. The term of this Lease for the portion of the property on Exhibit "B" shall
be for a period of forty (40) years, commencing on the date hereof and ending at midnight on the
date of the expiration of forty (40) years thereafter, unless sooner terminated as hereinafter
provided, and the term of this Lease for the portion of the property described on Exhibit "C" shall
be for a period of six (6) months, commencing on the date hereof and ending at midnight on the
date of the expiration of six (6) months thereafter, unless sooner terminated as hereinafter
provided.
4. Rent. The Lessee, at and before the delivery of these presents, has paid to the
Lessor an advance, lump sum rental payment of $25,000, the receipt of which is hereby
acknowledged, which sum has been applied by the Lessor towards the purchase of the property
from River Restaurant Limited Partnership pursuant to that certain Real Estate Purchase
Agreement dated July 3, 1996 between Riclunond County, Georgia, as Buyer, and River
Restaurant Limited Partnership, as Seller. In addition, the Lessee shall pay to the Lessor an
annual rent of One and no/lOO Dollars ($1.00), payable in advance during the term of the lease
and any renewal periods. As additional consideration, during the term of the lease and any
renewal periods, the Lessee shall do the following:
(a) The Lessee shall continue to host and/or sponsor an invitational rowing regatta
sanctioned by the United States Rowing Association, or a similar sanctioning body to be held
annually on the Savannah River in the City of Augusta, unless and until otherwise agreed to in
(BOATHOUS,LEA)
4
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writing by all parties hereto.
(b) The Lessee shall continue to sponsor and operate a spring training program
annually on the Savannah River, in the City of Augusta, for the purpose of bringing collegiate
teams to train in Augusta, unless and until otherwise agreed to in writing by all parties hereto,
(c) The Lessee shall continue to sponsor and operate a junior rowing program on
the Savannah River, in the City of Augusta, for the purpose of training and promoting the sport
of rowing among high schools in the metro Augusta area, unless and until otherwise agreed to in
writing by all parties hereto.
(d) The Lessee shall continue to house, support and promote rowing programs for
Augusta College, unless and until otherwise agreed to in writing by the Lessee and Augusta
College.
(e) The Lessee shall continue to sponsor and operate a rowing program for rowers
in the masters (over age twenty-seven) category, and shall continue to sponsor and operate clinics
and classes to acquaint and teach members of the general public with the sport of rowing, subject
to the rules and regulations of the Augusta Rowing Club, unless and until otherwise agreed to in
writing by all parties hereto,
5. Cost and Attorney's Fees. In the event that it is necessary for the Lessor to utilize
the services of an attorney at law for the purpose of collecting any of the rental due under this
Lease and/or enforcing any of the covenants of the Lessee hereunder, the Lessee agrees in addition
to all other amounts to pay a reasonable attorney's fee of fifteen (15%) percent on any part of the
rental due hereunder which is collected by or through an attorney at law and fifteen (15 %) percent
of the amount of any other liability of the Lessee under any of his covenants hereunder, which are
enforced or collected by or through an attorney at law.
(BOATHOUS.LEA)
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6. Assignment by Lessee. The Lessee agrees to use the premises herein described for
the purposes herein stated, and for no other, and shall not have the right to assign nor sublet the
whole or any part thereof except with the written consent of the Lessor which shall not be
unreasonably withheld. Should any part or all of said premises be sublet, the acceptance of rent
or any part thereof by the Lessor from any subtenant shall not be construed as a waiver by the
Lessor of any of the Lessor's rights or remedies hereunder against the Lessee.
7 _ Default. In the event that the Lessee should fail to observe any of Lessee's
covenants and obligations as herein expressed; or should the Lessee be adjudged a bankrupt; or
should a Receiver or Trustee be appointed for the Lessee's property; or should a final judgment,
execution or attachment be issued against the Lessee and not be promptly paid; or should the
property of the Lessee in the leased premises be levied upon for any cause; or should the Lessee
violate any of the provisions of this Agreement or abandon the premises; or should the Lessee
cease to use the property for its intended purpose as a boathouse for housing the Augusta Rowing
Club and its related programs on the leased premises for a period in excess of thirty (30) days,
then upon the happening of any of these events, the Lessor or the Lessor's agent shall give the
Lessee ten (10) days notice to comply with the provisions of this Lease; and should the Lessee fail
to do so, the Lessor or the Lessor's agent shall have the option of declaring all rent due hereunder
immediately payable and shall have the option of availing itself of any of the following remedies:
(a) Declare this Lease terminated at once and take possession of the leased
premises by the use of a pass-key, or in any other rrianner, and such repossession shall not be a
trespass. In such case, the Lessee shall be liable to the Lessor for any unpaid annual rental as
liquidated damages for the breach of this Lease by the Lessee.
(b) Sublet the premises at the best price obtainable under private negotiations
(BOATHOUS,LEA)
6
:
"
"
(provided that notice of Lessor's intention to sublet the premises is first advertised once a week,
for two (2) weeks in the Augusta Chronicle or such other official organ authorized for the
advertisement of sheriff's sales); and if the price obtained in less than the rental reserved
hereunder then the difference between the rental obtained by such subletting and the rental
reserved hereunder shall be paid by the Lessee. Such subletting on the part of the Lessor shall not
in any sense be construed to be a breach of this contract, but the Lessor shall be merely acting as
the agent of the Lessee to minimize the damage, and the Lessor shall not be required to sublet the
premises for any other use than that specified herein. The Lessor shall have the right to enter
upon the leased premises through the use of a pass-key or in any other manner, and the same shall
not constitute a trespass.
(c) The rights and options given to the Lessor and Lessor's agent under
subparagraph (a) and (b) above shall not be construed to be in lieu of nor restrictive of any other
rights which the Lessor or its agent may have under the law for the enforcement of this contract,
but the options and rights conferred upon the Lessor and its agent by said subparagraphs shall be
held and construed to be cumulative of any and all rights and privileges which Lessor and its agent
may have under the general laws of the State wherein the premises are located.
The failure of the Lessor or its agent to avail itself of any remedy which it may have
hereunder shall at no time be construed to be a waiver of the Lessor's rights, but the Lessor
and its agent may proceed at any time and avail itself of any and all amounts which may be due
it by the Lessee for rent or liquidated damages or otherwise under the provisions of this contract.
8. Repairs by the Lessee. The Lessee expressly agrees to repair at its own expense
any damage to water or steam pipes or other improvements or fixtures located on the leased
premises caused by freezing or any other negligence of the Lessee, and the Lessee will also repair,
(BOA THOUS, LEA)
7
"
~
keep open, and clear all water and sewerage lines or pipes.
9. Liability for Damages. The Lessee agrees that the Lessor shall not be liable to the
Lessee, or Lessee's agents, servants or other persons lawfully using the premises, for damage to
person or property by reason of any defect or defects in the leased premises or any additions or
renovations thereto or other improvements which shall hereafter be constructed upon the leased
premises by Lessee.
10. Alterations and Improvements. The Lessee may, at any time, make any alteration,
modification, or addition to the improvements of fixtures constructed on the Premises or erect
additional improvements or fixtures on such Premises at the Lessee's own expense provided that
such alterations, improvements or additions are approved in advance in writing by the Lessor and
the Riverfront Development Review Board, which approval shall not be unreasonably withheld.
In connection with any action which the Lessee may take with respect to the Lessee's rights
pursuant to the preceding sentence, the Lessee shall pay all costs, expenses and liabilities arising
out of or in any way connected with such alterations, improvements or additions which the Lessor
does not expressly agree in writing to otherwise assume. The Lessor shall only be called upon or
be obligated to make any improvements, alterations or repairs in or about such Premises, as are
set forth in this Lease Agreement or are subsequently jointly agreed to in writing by the Lessee
and the Lessor.
11. Condition at Termination. The Lessee further agrees to surrender said premises
at the expiration of this Lease in as good order and repair as the same are on the completion of
improvements required to be made by the terms hereof, natural wear and tear excepted.
12. Governmental Regulations. The Lessee agrees to comply with all ordinances and
regulations ofthe RICHMOND COUNTY, GEORGIA, and all laws and regulations of the State
(BOATHOUS.LEA)
8
"
~
of Georgia, and with all rules, regulations and orders of departments of the County, State, and
Federal governments and of the Board of Health,
13. Insurance Liability. The Lessee agrees to procure and maintain'during the entire
term of this Lease and any and all renewals thereof, at Lessee's expense, Landlord and Tenant,
general liability insurance, on the within leased premises in limits of not less than $1,000,000 per
person for the first twenty (20) years of the lease term and with limits of not less than $2,000,000
per person for the remainder of the lease term; such insurance policy shall protect the Lessor and
the Lessee as named Insureds and shall contain a provision that it shall not be canceled or
terminated without at least ten (10) days advance written notice to Lessor. Lessee shall furnish
Landlord with a copy of any and all policies of insurance providing such insurance coverage
together with reasonable evidence from time to time during the term of the lease that such
coverage remains in full force and effect.
14. Utilities. It is understood and agreed that the Lessor shall hot be under any
obligation to supply the leased premises with water, heat, lights and/or power and the Lessor
assumes no obligation in connection with the aforementioned items. The Lessee agrees to pay all
light, water, heat, gas and power bills arising out of the use of the leased premises by the Lessee,
and in the event that the Lessee does not pay the same and the amount so paid shall bear interest
from date of payment at the rate of ten (10 %) percent per annum, and shall become a part of the
rent due hereunder and may be collected in the same manner as any other rent hereby reserved.
15. Repairs. Alterations and Additions. All improvements heretofore constructed upon
the leased premises together with all repairs, alterations, additions, and improvements hereafter
made to or constructed upon the leased premises by the Lessee, shall be and remain a part of said
premises and shall be surrendered to the Lessor by the Lessee at the expiration of the ternl of this
(BOATHOUS.LEA)
9
"
"
Lease. In the event that any repairs, additions, 'alterations or improvements are made by the
Lessee through a contractor or subcontractor, the Lessee agrees that he will closely supervise such
work and see that all laborers and materialmen are promptly paid so that no lien or claim will
accrue or be filed against the leased premises; and in the event that the Lessee hires laborers
and/or purchases material for the improvement of the leased premises, it will promptly pay all
charges for such labor and/or material when the same become due so that no liens or claims will
accrue or be filed or asserted against the leased premises. Lessor shall have the right to call upon
the Lessee for a sworn statement or other information concerning the payment of any contractor,
laborer and/or materialman who may have furnished labor or materials for the improvement of the
leased premises and Lessee covenants and agrees that it will immediately give full information in
regard to all such matters to the Lessor upon demand. Lessee, however, shall have the right to
remove Lessee's personal property in the nature of trade and/or business fixtures from the
premises at the expiration of this Lease, but Lessee shall at his own expense repair any damages
to the leased premises which may result from the removal therefrom of any such personal property
of Lessee. Nothing in the paragraph or in this Lease shall be construed to authorize the Lessee
to remove from the leased premises any electrical wiring, electric fixtures, switches, duct-work,
pipes, plumbing fixtures, or any similar objects which may have been installed by the Lessee
unless Lessee shall have obtained the written consent of Lessor for such removal at the time of the
installation of any such object or objects.
16. Posting. The Lessor shall be privileged, during the last seventy-five (75) days of
the term of this Lease, to post said premises for rent or sale and to attach a sign or signs for that
purpose upon any portion of the building, and during said time to exhibit said premises during
week days.
(BOATHOUS.LEA)
10
, '
,
,
17, Exclusive Possession and Maintenance. The leased premises shall be in the
exclusive possession of the Lessee, unless otherwise agreed to iri writing by Lessor, and Lessor
shall not be under any obligation during the term of this Lease to make any inspection or
inspections of the lease premises, but nevertheless, Lessor shall be pennitted to enter said premises
at all reasonable hours to inspect the condition of the premises. Lessee shall make such repairs,
additions or alterations as may be deemed necessary for the safety and preservation of the
restaurant building and any other improvements on the leased premises. Lessee shall also be
responsible for maintenance of the leased premises in a clean and orderly condition at all times.
18. Fire Damage.
a. Should the premises hereby leased be partially damaged by fire or other
casualty, or by reason thereof, at any time during the term hereof, the Lessee or its representative,
shall give immediate notice thereof to the Lessor and Lessee shall cause the same to be promptly
repaired. A reduction of rent, proportionate to interference to business shall be allowed the Lessee
during the time necessary to restore said premises or make the necessary repairs, as the case may
be.
b. In case the buildings and improvements on the premises hereby leased shall be
damaged by fire or otherwise, to an extent that the cost of restoration would be in excess of fifty
(50%) percent of their value prior to the damage, and the Lessee shall decide not to restore the
same to substantially the same condition as at the time of the fire or other casualty, then, in such
event the term of this Lease shall cease and rent shall be paid up to the time of such damage or of
such termination and no longer. The proceeds of any insurance policy providing fire or other
hazard coverage, payable because of damage to the improvements but not the contents thereof, if
not used to restore the improvements as aforesaid, shall be paid to Lessor.
(BOATHOUS,LEA)
11
;
19. Realtor's Commission. Lessee warrants that there are no realtor's or brokerage
commissions due to any realtor, real estate broker, or other agent and Lessee shall indemnify and
hold Lessor forever harmless from any and all claims of any realtor or agent for which Lessee has
any liability for any and all commissions due or any such realtor in connection with the execution
and delivery of this Lease or the prior lease entered into between Lessor.
20. Differences between Lessor and Lessee, Should any dispute arise over the terms
of this Lease, or should there be a difference between the Lessor and the Lessee regarding a
reduction of rent or a termination of this contract on account of fire or other casualties, the same
shall be determined in the Superior Court of Richmond County, Georgia.
21. Parties. It is mutually agreed by the parties hereto that whenever the context
requires, the terms "Lessor" and "Lessee" shall be construed to include the masculine, feminine,
or neuter, the singular or plural, and the heirs, executors, administrators, successors, legal
representatives or assigns, of each and/or all of the parties hereto, all of whom'shall be fully and
completely bound by the covenants herein contained, and all rights, remedies and powers herein
conferred upon the Lessor shall inure to the benefit of any may be exercised by the Lessor's
successors, legal representatives or assigns.
22. Relationship Landlord and Tenant. This Agreement and any renewals hereof shall
create the relationship of landlord and tenant where the Lessor shall be the Landlord and the
Lessee shall be the tenant. No estate shall pass out of the Lessor, and the Lessee has only the use
of the premises, which use is not subject to levy and sale and not assignable by the Lessee, except
with the Lessor's consent. No Receiver, Trustee, or other judicial officer shall have any right,
title, or interest in and to the above described property, except with the consent of the Lessor.
23. Release from Damages. The Lessee hereby releases the Lessor from any and all
(BOATHOUS.LEA)
12
damage to person and property suffered' upon the leased premises, and the Lessee will indemnify
and hold the Lessor forever free and harmless from all damages hereafter sustained by Lessee or
Lessee's agents, servants, employees, invitees and licensees, arising on or about the leased
premises or as a result of the Lessee's use thereof. In the event that the Lessor is obligated to
make any repairs to any defective or dangerous condition in the premises under the provisions of
this Lease, the Lessee agrees that he will use reasonable diligence to repair such defective or
dangerous conditions after giving such notice, which shall be in writing. Whether the Lessee
notifies the Lessor of any such defective or dangerous condition or not, the Lessee assumes all
damages which may result from such condition. '
24, Tenant Holding Over. In the event that the Lessee should continue to occupy the
premises over and beyond the term of this Lease, acceptance of rent by the Lessor shall not
operate to renew this Lease in any way, but the Lessee shall be held to be occupying the premises
as a tenant at sufferance and shall vacate the premises immediately upon being notified to do so.
25. Entire Contract. This Lease contains all of the agreements between the parties, and
no oral representations are binding upon any party hereto unless the same have been incorporated
herein in writing.
26. Delivery of Possession. The Lessor shall not be liable for damages to the Lessee
for failure to deliver possession of the premises at the commencement of the term of this Lease
if such failure is due to no fault of the Lessor.
27. Customs of Dealing. The Lessor's failure to take advantage of any default on the
part of the Lessee shall not be construed as a waiver thereof, nor shall any custom or practice
which may grow up between the parties in the course of administering this instrument, be
construed to waive or lessen the right of the Lessor to insist upon the provisions hereof.
(BOATHOUS,LEA)
13
'..
. .
28. Repairs of the Lessor. The Lessor shall be under no obligation to make periodic
inspections of the leased premises for the purpose of ascertaining their condition or the purpose
of ascertaining whether nor not repairs are needed or for any other purpose. Lessee shall be
obligated to make all repairs including repairs to the roof, downspouts and structural members of
the leased premises.
29. Special Stipulations. Notwithstanding the foregoing, the following special
provisions shall control:
(a) Lessor will maintain such signs as are presently located in the vicinity of the
leased premises in order to enable persons unfamiliar with the area in which the leased premises
are located to drive without delay to Lessee I s boathouse so long as such signage does not violate
any ordinances of Richmond County, Georgia.
(b) The Lessor will continue to make available to the leased premises such
services for electricity, gas, water, sewage and fire protection, as have heretofore been made
available to the leased premises, provided that Lessee shall pay all light, water, heat, has, and
power bills arising out of the use of the leased premises by the Lessee, as specified in Section 14
of this Lease.
(c) The Lessee shall have the right to terminate this Lease any time upon giving
Lessor, during the initial or any extended term, ninety (90) days written notice. In the event of
such termination, Lessee shall only be responsible for making such rental payments and complying
with such other obligations as may become due or accrue prior to such termination.
(d) The Lessor shall maintain such permanent street lighting in the area of the
leased premises as is now installed thereon.
(e)
The Lessor shall maintain such landscaping and picnic tables for general
(BOATHOUS,LEA)
14
~
public use along the riverfront of the Savannah River adjacent to the leased premise~ as' are
currently in place_
(f) Lessor shall cause the vegetation on the levee in the vicinity of the leased
premises to be mowed and controlled on a regular basis so as to enhance the appearance of the
general area near the leased premises.
(g) Lessee shall at all times during the initial term of this Lease and any
renewals thereof continuously occupy the premises and operate the boathouse referred to herein.
(h) The Lessor shall require the sponsor of any special events conducted on the
river to police the parking area and underside of the restaurant during said special events.
(i) Prior to the commencement of any construction by Lessee on the leased
premises, the plans for such construction and any signs to be on the leased premises shall be
approved by the Lessor, the Riverfront Development Review Board, and the Augusta Richmond
County Planning Commission, and the Savannah District Engineer with the Corps of Engineers.
The Lessor shall assist the Lessee in obtaining these approvals.
(j) Lessor has constructed and striped certain paved parking spaces, a portion
of which are located on the leased premises and a portion of which are located on property
adjoining the leased premises. The parking spaces located on the leased premises will be used for
the exclusive use of the Lessee. Said parking spaces located on the adjoining property shall be
equally available to both Lessee and members of the general public; however, Lessor shall cause
signs to be posted thereon prohibiting parking of boat trailers and recreational vehicles in such
spaces,
(k) All notices from Lessor to Lessee hereunder shall be deemed sufficient when
mailed by registered or certified mail postage prepaid sent to President, Augusta Rowing Club,
(BOATHOUS.LEA)
15
.
.
~
, '
Post Office Box 3362, Augusta, Georgia 30903, or to such other a]terQate address as Lessee shall
from time to time request in writing.
(I) All notices from Lessee to Lessor hereunder shall be deemed sufficient when
mailed by registered or certified mail postage prepaid to Clerk of Council, Augusta-Richmond
County Commission-Council, Augusta-Richmond County Municipal Building, 530 Greene Street,
Augusta, Georgia 30911, or at such other alternate address as Lessor shall from time to time
request in writing.
30. Revocation of Existing Lease. This Lease revokes and supercedes all other prior
agreements, whether verbal or written, between the Lessor and the Lessee regarding the subject
matter contained herein, including but not limited to that certain Lease Agreement dated December
27, 1995 between the City Council of Augusta Rowing Club, Incorporated.
IN WITNESS WHEREOF, the parties hereto have caused their proper officers to execute
these presents and affix their respective corporate seals hereto in duplicate, the day and year first
above written.
LESSOR:
RICHMOND COUNTY, GEORGIA
BY:
MAYOR, CITY OF AUGUSTA
ATTEST:
CLERK OF COUNCIL
(BOATHOUS.LEA)
16
..
SIGNED, SEALED & DELivERED
on the _ day of
1996, in Richmond County, Georgia,
in the presence of:
NOTARY PUBLIC, RICHMOND COUNTY, GEORGIA
LESSEE:
AUGUSTA ROWING CLUB INCORPORATED
BY:
AS ITS PRESIDENT
ATTEST:
AS ITS SECRET AR Y
[CORPORA TE SEAL]
SIGNED, SEALED & DELIVERED
on the _ day of
1996, in Richmond County, Georgia,
in the presence of:
NOTARY PUBLIC, RICHMOND COUNTY, GEORGIA
(BOATHOUS.LEA)
17
'\
,.
'.
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EXHIBIT "A"
All that tract or parcel of land, including building and all improvements and fixtures
thereto, situate, lying and being in the State of Georgia, County of Richmond, City of
Augusta, containing 1.182 acres as shown and designated upon a certain plat dated January
3, 1986, prepared for City Council of Augusta by Department of Public Works, a copy of
which is attached hereto, marked "Exhibit AA" and incorporated by reference herein for
a more particular description of said property.
(BOATHOUS,LEA)
18
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EXHIBIT "B"
[THE ENTIRE GROUND LEVEL OF THE FACILITY, THE BAR AREA ON THE SECOND FLOOR
OF THE FACILITY, AND THE PARKING LOT DOWNSTREAM FROM THE FACILITY, ALL TO
BE DESCRIBED ON A COPY OF THE PLANS TO BE ATTACHED HERETO.]
(BOATHOUS.LEA)
19
,t'
t
..'
EXHIBIT "e"
[THE BALANCE OF THE AREA ON THE SECOND FLOOR AND THE ENTIRE AREA OF THE
THIRD FLOOR, TO BE SHOWN ON A COpy OF THE PLANS TO BE ATTACHED HERETO,]
(BOATHOUS.LEA)
20
~
..,
A. Settlement Statement
B. Type of Loan
O 0 . 6. File Number
1.0FHA 2. FmHA 3. Conv.Unlns.
4.0VA 5.0Conv. Ins.
7. Loan N urnbur
8. Mortgage Insurance Case Number
C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are
shown. Items marked "(p.o.c.)" were paid outside the c1osin!l; they are shown here for informational purposes and are not
included in the totals.
D. Name and Address of Borrower E. Name and Address of Seller F, Name and Address of Lender
Richmond County, Georgia River Restaurant, Limited N/A
Hunicipal Building Partnership
530 Greene Street 1313 Waters Edge Drive
Augusta, GA 30911 Augusta, GA 30911
G. Property Location H. Settlement Agent
1. 182 Acres Riverfront Drive . -, w"'" Daniel, Ellison & Revell
Augusta, Richmond County, GA Place of Settlement I. Settlement Date
454 Greene Street 07/17/96
Augusta, GA 30901
J. Summary of Borrower's Transaction
100. Gross Amount Due From Borrower
~_____.______ 4.____"_~.__ ___
101. Contract sales price 390,000.00 401. Co~tract sales pric::e 390 000.00
102. Personal property 402. Personal proQQ.!:lY
103. Settlement charges to borrower (line 140~ 103.
104. 404,
105. 405, -
Adjustments for items paid by seller in ~~ce ~9hmm~!lts forj!!JmLI!~jtiJ!y seller in advance
106. City/town taxes to 406, City (town t~xes to
107. County taxes to ~07. COU~llY taxes to
108. Assessments to 408. Assessments to
, - --, ---. --_.~. ...-------
109. 4QQ.
110. 410.
111. 411.
112. 412.
120. Gross Amount Due From Borrower 390 000 00 420. Gross Amount Due To Seller 390 nnn nn
.~.:..~~'!'_I!!~~Y of Seller's Tran.~~~~on
400, Gross Amount Due To Seller
200. Amounts Paid By Or In Behalf Of Borrower
_n. ... . - - - - - -------.--.-..-
201. Deposit or earnest money ~q ~~~!:~~~,9~!.!... !~~~s true ti ons)
202. Principal amount of new loan(s) 59..?:..?~!lemen~b.~9~s to seller (line 1400)
203. Existing loan(s) taken subject to ~Q3.:....~~i~in.9Joanl~1~ken su~ject to
204. Auqusta Rowing Club 25.000,00 ?,()~YYY~!~L!i~~_ ~_~0.~~(!e loan
205. ~Q.5~ay_?!.!..?f...s~~~tl mo..!:.!~~ge loan
206. ~O~:..J2e.lin~npc<c< 'T''''YPC< qhn q,
207. 507.
208. 508,
. ---- .. - ---..-----.-
209. 509,
- ------.. ... .- ...----..
Adjustments for items un~~i.~_~Y seller ---- ~~ustments for items unpaid by seller ghO gl
210. City/town taxes to ~_1 Q:.. c;jty {~~!,_~_~s to
------------ --
211. County taxes to 5.1.1.. ~Q~0!Y taxes to
212. Assessments to -----~ 51 ~'uA~~Il~~m~Q!S to
213. 513,
214. - 51,!,
215. 515.
216. ----.--- -.--- 516. .u_ --
217. ?1.?..:_,_
218. 518.
219. 519.
220. Total Paid By/For Borrower 25,000.00 520. Total Reduction Amount Due Seller
500. Reductions In Amount Due To Seller
300. Cash At Settlemenl Fr.~l'I~_B_or.r.ower_ _____._u__ ~C?O:.~a~h__A~~!!!~!!lent To/From Seller
301. Gross Amount du~.!.g!!,_bo!!_9~~.!J!Jn!U_~Ql 390, OOQ.:..Q..O_.. qOl,.gr2~~f!!9.~l'It due to seller (line 420)
302:.._Le~~amounts paid by/for borrower (line 220) , 25,000.00 602, Less redlJclions in amt. due, se,~~~~?O)
390,000.00
( 960.91
389,039.09
303. Cash
fi From
o To Borrower
365,000.00 603,Cash
lUTo
o From Seller
'!he parties acknCMledge arrl agree, by execution of this Settlerent Staterent, that Seller is hereby released arrl
discharged fran any and all obligations, if any,' to pay any rent which may have accrued or may otherwise be due
as of this Settlerent !:ate pursuant to that certain Lease ~t dated January 31, 1989 be~ City Council
of Augusta arrl ~ta Port Authority, as Lessor, arrl River Restaurant, Limited Partnership, as Lessee, and any
arrerrlrents thereto.
Previous Edition Is Obsolete
HUl).1 (3.86)
nr~;I'^, It II ~-IO"i ')
L. Settlement Charges
.---- Paid From
700. Total";eles/Broker's Commission based on price $ (\il nl _ P.dd F I 0111
'lJ -
,f.ivision 01 Commission (line 700) as follows: Uorrower's Seller's
--..
701. $ to Funds n t FllIlrfS al
------...----.----------....------.....
702, $ 10 SI'ItII!nH'1l1 Selllemenl
---
703, Commission paid al Seltlerrllmt
--- .---...----.. --------~----_._---_.- .------- -------
701\.
aoo. Items Payalllp. in Connl)ction With Loan
'---'.-'- .--- -. .. '. - .-..- .._. .-.---..-.-,. ,_._-_._.._~--_.._.. ---_. ---..-.----- ..------- ..
nOl._Lo~'.!..9! i,\I~~lcl.I,i_l)n .!:~P ,__,_. ______:~!......_..__,___ ____h ,__ .,.-. -.--". ---_.---.---- --
802. Lonn Discount fX}
.. ..---.-------------.------.--......---..-..-.-.----.
803, Appraisal Fer: to
----------..---,---.- ..---...---.---......--...----..----
80-1. Crp.dil nr:port 10
._--_._---~---_._--- --_.~--- .. -
805. Lender's Inspp.ction Fee
806. Mortgage Insurilnce Application r- ee tl)
----------.--
1307. Assumption FI'p.
A08.
809.
810.
81 1.
900. Items Required Oy lender To Dc Paid in Advilncp.
---
901. Interp.st Irom to (iil$ /rlny
902. Morlgn!Jp. Insurnncp. Premium lor months to
903. Hazard Inswilnr:e Premillm lor years 10
904. years to
905.
1000. Reserves Deposited With Lender
1001. Hazard Insurance months @ $ per month
1002. Mortnage Insurance months @ $ per month
1003. City property taxes months @ $ per month
1004. County property taxes months @ $ rer month
1005. Annual assessments months @ $ per mOllth
1006. months @ $ per month
1007. monlhs @ $ per month
-.--- months (co $
1008, pr.r month
1100. Titlc Chilr!lcS
.-----
1101. Sp.l,lemr.nl or closinq fl~p. 10
1107.. AlJslrilcl or ti,"! sl:arch 10
--_.~--- ----. ...
1103. Tille examination to
1104. Title InSllrance hinder to
1105. Docum!)nt prl~paration to
-
1106. NOlary lees tn
1107. Attorney's fees 10 Fletcher. Harle~l & Fletcher
(includes ahove ilems numllf!rs: 1102, 1101 i'lnn 1 10') ) por
-
1108. Tit"~ Insuranr.e tn
..
(includes ahovp. items numl)f!rs: )
1109. lender's coverage $
1110. Owner's coveragc $
1111.
1112.
1113.
1200. Government Recording and Transfer Charges
1201. Recording fees: Deed $ ; Mort!)nge $ ; R elr.ilses $
1202. City/county tax/stamps: Deed $ ; M ortgnge $
1203. Slate tax/stamps: Deed $ ; Mortgage $
1204.
-
1205,
1300. Additional Settlement Charges
1301. Survey to
1302. Pest inspect ion to
1303.
1304.
1305.
1400. Total Settlement Charges (enter on lines 103, Section J IInd 502, Section K)
I have r.areflllly reviewed Ille HUD.' Setllp-mont Stiltclllenl and to Ill/! l)n~;1 of my knowffld[Jo and IJolief, it is n Irllo nnrl ilccurntp. stalcmenl 01 "II 'eceipts and
rfisbursemp.nlS made ,cc;ounl or by me in tI,is Iran~;;Ir.lion, 1IIIIthel ccrtily ""'II h.wl! rcceivod II r: ~;f:t1lell1cnl Slnle/111!nl.
RICHMOND NTY, GE IA RIVER R
i3Y:
SIDENT OF RIVER
ERAL PARTNER
Borrowers
Sellers
The HUD,' Sntllemenl SI ont which I h3ve prcpilrcd is 0 t,ue and acc;uratc nccount 01 this Iransaction, I hove caused or will c;nuse the funds to be
nee wilh Ihis slotemenl.
Dille
JULY 17, 1996
WARNINOI " i:; 0 r:rillll' In knnwinllly ,n:rlll' t:rl';t~ ~;I;llt!r'l(~nl:; 10 till! '1IIil..d ~llIlri. on thh or ony 011 If 11 !1lmllnr lorm, PI'IIolliO!1 11[1011 I:OIlVICllon con inclllrto n
Ionp. or irnf1,i~;nnmp.nl For 11I!,..il. .P.~' f,tln 10 I) S C;ndp. Snr.l;nn 1001 ..n<l ~~nctinn 1010,
I'
..
.&.\!ll~~~~ '" rr€.ll~Ih1mm(Q)J!il<d1 C(Q)\Wml lty C(Q)mrnmmn~~ll(Q)ml",C<rD\!llml~lln
ROOM 801 ' CITY,COUNTY MUNICIPAL BLOG, (11)
AUGUSTA, GEORGIA 30911
Bus, (706) 821,2488
Fax No, (706) 722,5984
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
WILLIAM B, KUHLKE, JR.
__.. .." --0 ,t. <1"';~~'~""""\\ VVM. "MLLlE" H, MAYS, III
~",..:,,~.,'\,t!~.. /';{'~'~ ">>,(\,,, ,:"l,,\ J,B,POWELL
'".' r 'r'~ 'r .........~.. 1. ",.J.~I.wJ. J .f' MOSE
' ,'; . t ;!J " :::' ~ ~~ . r.~ f," \ ~' . S TODD
" ':','_/'" :-...' -1:., ".",,', ROBERTZETTERBERG
t ., - . ~ ('.. r. . -
., ". '. LINDA W. BEAZLEY
, , ' ',; ~, ' ,: :Administrator ' Administration
>.' {lei 10 1996 CHARLES DILLARD
Administrator, Operations
LARRY E. SCONYERS
Mayor
FREDDIE L. HANDY
Mayor Pro Tem
\ ..,:'-'
~;'~:C~~~\~s':_'.;f\~~ Df f'f.~
JAMES B, WALL
Attomey
October 18, 1996
Reply to.
P,O,BOX 2125
AU9Usta, GA 30903
Mrs. Linda W. Beazley,
Administrator of Suburban Services
Municipal Building (11)
Augusta, Georgia 30911
Re:
Purchase by Richmond County of Riverfront Restaurant
Property
Dear Linda:
I am enclosing herewith the UCC-3 Termination of the
original financing statement to River Restaurant as executed and
recorded by the Small Business Administration. Please place this
document with the other original papers which were executed in
connection with this purchase.
With kind regards, I am
HDR:hbs
Enclosure
THIS STATEMENT IS PRESENTED TO A RUNG OFFICER FOR FILING PURSUANT TO THE :
UNIFORM COMMERCIAL CODE, STATE OF GEORGIA.
lA, Debtor Name and Mailing Address:
"V~'ltf.STAUR}.;.'IT) INC.
1bl Riverfront Drive
Augusts. GA 30901
o Individual (Last. Firat. Middle Nil{.l8l. I
a Business (Legal Buslnass Name)
,. i
'1'~
1 B. Entar Social Securtty ITax 10 1/
2A. Debtor Name and Mailing Address:
1 C. Q'theck If exampl under Item 6A
o Individual (Last. First. Middle Name)
o Business (Legal Business Name)
. : t
, ,
tl:.~ :altl:n
t ",""lIlth'.t
o Individual (Last, Firat, Middle Name)
o Business (Legal Business Name)
2B, Enler Social Security lTax 10 1/
3A. Debtor Name and Mailing Address.
o Individual (Lasl, First, Mlddla Name)
o Business (Legal Businass Name)
2C. 0 Check If exempt under Item 6A
5. Aaslgnae Name and Mailing Address
....:-"-"4..,u.~
"
3B. Enler Social Security lTax 10 1/
3C, 0 Check ifaxempl under Item 6A
6A. Exceptions for Social Sacurlty/Tax IDI/: (1) Pursuant to O,C.G.A. 11.9,402(9), this UCC.3 slale,
mant relales 10 an ollglnanlnanclng Slalemant filed 10 perfect a security Inlereslln collateral al.
raady sublect to a security Interest In anothar jurisdiction when It was broughl Inlo this slate or
whe. tha dablor's location was changad 10 Ihls slata, or tha debtor was not required to have such
a numbar; or (2) Pursuant to O.C.G,A, 11.12.102(2).(3), this statement is a Transillonal Filing
relating 10 an orlginallinancing statemenl flied prior to January 1, 1995,
4. Sacured Party Name and Mailing Address:
o Individual (Last. Firat, Middle Name)
SlofALL BUSINESS
1720 Peachtree
Atlanta. GA
ADM!NISTRAT~d~lness (Legaf Business Name)
Rd.. NW. Suite 600
30309
6B, rl! This slalament is a transitlonalllling relating 10 an original financing statemant filed prior 10
January 1. 1995.
7 A. Fila Number 01 Original Financing Statement
RlOQI-P717
17B. County in which IIled
Richmond
17C' Date of Original Filing
11 December 1981
8, Type of Statemanl (Check only one)
,)
A DConUnuatlon. The original Financing Slatament between the Debtor and Secured Party bearing the fila number shown abova Is slill eHactive, II collateral consists ONLY of consumer goods as
dallned In O,C,G,A.I 1 .9-109 and the securad obligation Is originally $5,000 or less. give maturity dale (MONTH/DAY/YEAR) or state 'None'
B 0 Relaaae. Tha Secured Party releases tha collateral describad In Itam 9A below from Iha Financing Statament bearing tha IIle number shown above.
C 0 Pertlat Aaalgnmanl. Some 01 the Secured Party's rlghls under tha Financing Slalemenl bearing the file numbar shown above have been assigned to tha asslgnaa above named, A dascriptlon 01
the collateral subJect to Iha asslgnmant Is sel forth In Item 9A below, t
o 0 Aaalgnmenl Tha Sacur~ Party has assigned to the Assignea above namad alllhe Secured Party's rig his under Iha Financing Statement bearing the fila number shown <lbove,
E ~ Amendment. The Flnancrhg StaKtment bearing the file number shown above Is amended as set forth In Hem 9A below. ~
F'dTermlnotlon, The Secured Party no longer claims a sacurity Interast undar lha Financing Stalament bearing tha Ilia number shown alJ;ove. :,
9A. Oe.s~t10n (Required for Release, Assignment or Amendment)
LO~: CDC-291.574~3006
9C. Entar cotlalal'llI code(s) from back of
form that b...t, describes co"al~lat
covered by this filing:
..
..
~-
--:"')'
{
Iv
"
10. Signature(s) of Debtor(s)
90. Number of additional sheets
presented:
9B. 0 Products of collateral are also covered.
Director
~Di.trat ion
~~ervlc1ng Center
12. RaiUrn C~Y To: Name_and.Addras.s...
CSRA Local Development Corporation
ATTN: Lori W. Cope
P.O. Box 2800
Augusta. GA 30914-2800
'I
STATE,OF GEORGIA. STATEMENTS OF CONTINUATION,
RELEASE, ASSIGNMENT, AMENDMENT, TERMINATION.
UCC-3 (REVISED 1/1/1995)
FORM MUST BE TYPED.
READ INSTRUCTIONS ON BACK BEFORE FILLING OUT FORM.
-1
STANDARD FORM ucC-.-J . A......HOVt;O In "99~ tly U~OROJ^~Ut't:.H1UH CUUH I-Cl.t:.HI\;S' C;UOt-'t.HA liVE AUTHORITY
DEBTOR COpy
iNSTRUCTIOi'!!)
"j.
THIS ~CR1'l cf.USY iS~ 'lVP[qD. DO i'i(,' ','\!HlffS IN FILING Ol'f:ICE:i SPAC~,
~.
DE0TCR AND SECl!P.~9 PARTY i\t:I"i,r::io ,\N'] SOGi.'1L!,;ECtHlITV,'1lr~'$:
-_.
ani:; ?r::1 (1) ilame 2.nd nicircc' de "I 'J,; (,n'n,e! :n {':Ice, spacf' f:>r f)~blor or S"Cll 3. r:Jr:~!, Cc":,\ net,,":'! i:;!rJ be :;1~o\'m :,0pn'1lIoly for ~IIC~' ri~'rrAl~f
anUi' iI; ~':c"; of i1l8 ;0'10-:;:/18 ~<t;.~tJ1S~ 'r'c.'\ic:u~: nz_m€:-~~ r....I;jh:-.rUJ rnL' ':,'\j; 'j, J,~.:' (t~lf'''' ~~liO'.~'l\ ~5) r~:"'''"','':; ~J!.,,~. (~on'''1{~(!'r' :H~n':J~ t}",) n,"'.r>~-.i:
,.,;c:,ntm~J; pzrir.er ('l(.:(!lCG; p~~rld ~...:;~ I.i: ',''':S: t-i.,SUt'n0c! n:"ITlG:i; hu::n~5!} k~:"',~.-.~; ~'::"i.',.' l''"I''t:.1; tltb/2. (c;n::-,u JW$I:1~s:; t.:.) :1t,,,,:.':;; f/d/b/[, (frrrr~r!)' rl1":I'q
business ae) namos; corpora:;, n;:i'C3S; oll,Jr lIar;at'on3,
F!-<;; n~IIT'et:l D,;clor t)1 Soc~'(" r 'In' i:, f:',', "I:'i\'iti,I~~ (n.:!luial !l',j/:>o,'), (~c!; il <; to', ,"
L~st I.Llr~1 rt.rtt flnlIl~d':-: Jl~I"'J. l~ ~:l;:' Dcb~or or ;,ucur.:r.; f'Zri') 1'-11\'(' ;: .:_l.l'" l~'~~;
business name.
0,(: '...c,f'.. 11-~.;02, at ,:(.;~., m~'1c':~69 'hel ct'cl1 Stc:ill~l::llI include tho D::lJlar'( ;:"H;,~; ~:r:,,"'y ~!;rlb::", or, if o:'orr th~" u nn:l!r'll (V (iiC '1 , [:'8 Intclt':>l
''1 ';111;:; S3fvictJ Tf.:1P:Ycr lcl::;n!'lcr.tion N,:M...er, Unl\' (1~';3ptlC'rs: O,r;.Q,,A, ii.r'Aa;:~: ~i"".: th,~t c: fin:',~r:'lg ~1r:1"l'11hllt ,1c!'d /Wl ,1~llid(' cucl't
;n:;;r;.l( i't'r'"::r ~'i);~ ~J ri\;:ti '0 p0d~t;~ r. ~Jcur:ty illLtfs;;;t In col'::t~rl'l ,lr(.;'.:y ;;~JI1;,..l': ,'J ,,-': it~: ':.!'d:~/;1] ':-.nothcr' Jl..lI'i~dir.tion \'~'h(\~ it i~l hl~lI!Jrt j.,to th;~
~,;i.t~ Ut \'11::11 t~:: 1a~t\J,'3 :tJ~..:.t'i.Jl ;,' :hd~~~~ te th:I' :j; ':... 01 (2) :. ~1 D:.b::j: 11,1 r ,,'jr~j~ ~.\ :\J.'-~' ~u~~h:: nli:nh~~; any tlft\~'j;C;tlr~tlr, L:l!"~I'1lJ~~;~l"\
;:~l;;I'~l~ni. ::ss:gnrnar1t, r-:]l~c,':;;, (Ii tcrnlnt:l.T:cll st'lte;,-.r_'ll f.t~~: l.":it:l rf.~~p\1~t tJ (,r: {;t'::r-l .iriJ(,,'ir'lg L1tt:'.tcm(n~ i:; .:';!~n OX0:nr:t fro'" th~ SOCii~: ~C(:tl'j:Y1
Tal( 'D (J requirement.
ci h.rr,t.i.ir:l to O.:;.G,A. I' -,2'1 0 ~(2) - '.;;:, S:2t:l'l1onls 01 r.ont'nlation, P.I(,:md"'o:ll, " '~rr::"" :-lel::i.f.', or Torrnin~!I~n affecting t'ligiMi." !Innnci~o :;It.l\l'
II1J,Wo Ii:;:, prior 10 J::nU1ry 1, 'Sg,;, ('7ro!'1:;lt'o~cl FilinGS') ;.!'a not 'oq'Ji-(l(i Ir L'I;I;,,'I: Ie:) ~(Je;;, S::u'i1i ~!urT'll:>r 0: Int~r~;).1 RC\,()'1l1f: 5:'r\lll;0 T;>~rJdYI!r
Ici2nlif;caiion Number of Ihs :if.bto,. 1,1jicrlp In Item 68 ,I Ihls IlIing Is 11lansitbnr' ',' I~,
~"',1~l; '1-"~\'ldLI-"I. i-\~:ti CC~ forth rl,e ni1mH IiI tho foPr;\"Jln~-~ ordn('
1.,", r:hr;.:11h,' :)o~ /rI:1I!wd '3J~i"Cnr.', .;~i1 ;,M fortll t"~ II'Cr.I
Q,
c,
:-J. iF 'WE S~AC~ i>ROVID;n FO::J j.\;.JV "j'",I~i IS i\lIl,O;::OO,,\I'i::;
<I, Note 'con:lnueci In th2 appro,,'ialo sptce(~),
I). :;o,ninua lil:lltcm(s;, l'c2ntii'cd cft,rI\, by ~,:h I!er,l r~r.1b:)r, on ~dcli':tl, al G 1'2";: , l' s<OQI. :-/Q~d EI~ch "dtiilionRI si~c:)t Vlilh Dobtor's l\I~rnc !lnd Sochl
SecurityJTelt ID iI.
c, Indicate the I:urn"er of ',dditioll::l! pg~.1 r.ncchcd 1'1 Item Number lln,
fJ. OP.I:::-:~:!lL :",,~p,NCtNa S-:-('ir~i.1[il:T ',FO:=1;,lATiOil!:
::il'ilC inicr,.'atlc,l ru!dlnu to tj,e o'igir,t: ~"i'I::.;nC! 0 ;10111:,11 (ur \lK' curronll; :f1.:r:iv., t,;"ntrl1cJ." lln: -tr"lcnl) fi'u~'t be provldod In llC~1fi 7A, 7B l1/1d "Ie, II thin
statElnlent rOltt8s iO c:n o'lginall'r.i i1C "8 ,:~aI3,,'crlt r:~d :;ricr to .J~nuary 1, 1119!i iflLlr Jia I:,.: ~r"" :, II11m ac
S. TYPE OF STATEMENT
3, li1dicata ty,N: 01 slatemenl b€ "[J fi;:u t~ r.''Pr.k,na li"2 ul;proprialo box in II~m 8 . CH':CK ONC' AOX ONLY.
i; !f fifir:J (f, CUtitir.uet:on t);;~,tfJ[{1CLt ":..:i:-'~-l;Jtfl (1; :he c:o~L.i~eld.1 de.sel ,L;O(' c~tlfist~ ()t,,~\' :11 ::'Jr'~,I:I"lL'r 2cu(is ,inti {?) ~rf.l S~-tcurc( obltgnti()l~ I:: 8;;000 or :.J~~,
Indicate the oa'ne ,.\ ltcln SA, (J/ '.l"!: th,: m.:tu't; ."oce iiI the se(:~r~d fJD ,gal;cn '!'i,'-,NT: lID/W, yr AI1~ or speCify thai Jucf1 obli!Jilto~s r'llc "u1;jcct l'l <1 ~
maturity date.
G. (:OLLAT~RAL ~:)F.~CRIPIIOI~:
;: D09~ritl;;: ~II~ n'le!>sed coIl3c,:ra', ll;:Jou C:l'i;llpr,,1 (or other p.11endr,1cnt) or db,-:g:ed IIS'I's in Item 9A,
b. Chaar.a the co'l<Jleral cn(:2(~) i'~1r \'! 'r'cll best dcsc';bes ihe cC'I<,t0"} :;~I ou: ir I:"ITI CiI u"L ,,"!~r nor 0' rCOle in 11011' 8C,
c CoIIEtJr"" cl~dfj!l3hould as i,',"udc L I" Ii';:" 9C 01 ~'C rIFio.'JlC'ng ~t,ltcnlc,'1 a~ h' c '.~, 0 ~11 I ....'.c':'a: '0 11,.. i"{Jl'X,"''J of 'nfo'lnnl;on on tne lJCC Str,tl/wi';I'
C::en,T,;ll~d';:L Thes!; cal',,'o:cl cr,,: ," 'Ikc 'loler".) un tho fim:ncmg sl;it~,.{ I" ':,': ',," :OJ' ,r~".:"~ pjlpO,'~,; on:y, THe SCClJrfld Party is ra,'ponG:b:il Ill'
~e'::cting ~'O appropr:;>,ts eollGloi;> G'"':"o 1'~0 I ~3POI':it""i~ i3 ~~Jumed by !~: ': :r,',; " ,;" "L' ur 00iJ't CI(,II;~' Cooper..Jlivf! Authority as 10 Iho (;o/rec'n~~"
or adequacy of the code~ nc,ec'eti bi the Socured P'lrl)l.
COr.lATERAL CmLS
:>'00
:>200
0300
ACCOUNTS
CHATTEl PAPER
DOCUiv:ENTS. INSTRUivTTIS (~;).y Include documents
01 title. receipt, n"9Ll'iab'e ,,,-,:..~r~enl~, cerli';ciltecl
securitien)
GENERAL INTANGIBLLS
0700
0300
GOCDS (EqU,!'r"erl)
GOcn:; :F:''I: woductsj (may :t\~ludc ClOPS, III1El~tock, ~upp:tc:;
'J;':lC: ." (J,c.duc()Cj, procluel~ 01 ClOpS or IIvestoc\(1
COeDS \F,~ture~)
t~nCn3 (IrvantulY)
,~'COI)S (;,i,nolals) (ur tho like (Jnc~ud'ng oil and gas) ur C\cco~nl<J
Ir'lrr: :1 ,.: ~,i.lO at li,e VI ''!head or 'Il:rellt'ad)
GOODS (Mobil!>)
F'~CC[F.DS
0400
C500
0900
1000
"00
GOODS Inray i'-e:::02 1""iJ~ :'1[ t ,:re mov<.ble, who,1
s...."Curiry iruer2W all;]("~~c.;. :ix;urfls. unnorn youn!J of
Emimals, artm f'tJ (0'0,03)
GOODS (ConSl<rn:l/ IP.lt't,
'200
1300
0000
T ::cS::: Gl)'::J;:S I~PF Icl:';Urn~lc"!1 '1:1 sr, ,:"1''( n::= t~:r,"J:'~l:JiUH IN 0,::.":.1\ 'i,,'..~:I: 11",1 ;, 'i:1 ~1!lli\"'CNG ~r.YIFMENr CO~!rAIN A STMi':ivll.Nl
'iD'e HI"G THE lVpr'J, OR DESCFIl' 'V, -'rlE i 'c.::.iS. OJ COLI ATERA~,
i'. SlG:-I!.mjMt~;;
~-~;z ;'Jrr mJ:t !::} ~ gi13-l: bj' ::1:- :>_;.;~ ~d r.~r / J' I ::.corG. If i;,j"l torlll is ~iqlCd b/ E p:-' .llJ 0." '1 I T'I: :..;....r..d~~d ri_~r~:/ u' r~ (:or(;, it ni~J:l~ be ':-.cr.n"'1r4:1:~~ti 13'1
(1) ...;~pt'}'i~+i ..I'~t~j; ?~;}lcr.', ,,:~r r .:-- .~~r'-:'lt S;011.;d ~'''j ~...~ S.:CL'rer:l P[1i!t/ ('i :-r~r;['(: :11 ;.,', ::L:I..i'I;~I'! :~, n,cc I.i ~ 9.':L:i(?') .' Cf1py 01 rl"" ;'.i:"!J'> 10 "1
~~,sttL~;n3!l: .-:.: 1:~:'-'1;': r,' ur::~:~.:; ['I j)1 ' ',Oil ~1r:c. 'nlcrcpr(1tr,~r::.~phi{:. photo~r~~)h:c (1)1'l, ~'. t,p'~' ~-II'~IJ rt.":)rOU>J:I; 1'1 :1f ~j...,~ ,:'U-1.t'Jre n! th.~ Sl.lcurt'd PI rt}i r,'
roc.ord, :",~d (2) t~-2 'n:'crr;l ;,. ,J :~ll ..~~, ; '1 of ~~;~(;h ~,:_":i;V~::: .3tL~crnent of a~i ~i~'''jrl \ it ~'f'! : J.;' 1 '1 O_C (i .t\. ~ 'j. b. ~/7.. ^. i~,~r\l;itIY !.tUtl.'".1Cflt r,;.-!y u~ ..:l'tlt'!d~~(\
ki/ f::lr.g a ".~Jf;hICJ.,;g:i:;tC '1') :~tlr"J \.'It" .:L:c"- ;',1( t;..~~ S'~c';'(L! Pt:l:r:/. Ok~8pt t'1kt .:J:,('ru h ' ~rl'l r: Jll~L,< L:,~'ly I,,;i l~O~ th,~ n:r~lQ u~ ..'.del(",:: of t"P ,"lJr[)..l r,,'ty,
or :ho C(' dr.:]~ :), r: ~ fjOl,.;:....' --:~. ~! .;::. ' ,un, }-\"- J' Ir1's.: r( ~t F. ev'=r. u'; $JrVlCC taAI-i;;~1 0 r :,,:. . I: .-" ,'It'::'''. ; II, r," t, 'r oi ~: 1\ t,;: ')to~ t ;v l~n(r9(,;th ordy lYPl1!';' ,'1 ;'': ~:-,: or (It11t'l
t:'crical €I-~;:S Qct 'or.:h i:"l t1"'f' f- :"IC:p.~ JLrt:::(I~Jnl !;"i::.i-j ;"lnC'1GmOnl ".,ay bt:. j.:'"Ju ~':itr;' ,l:'i~'D :,;:-!G, d b~' lh~ ~iub;Jr iO,C.C.A_ ~1-9.402(i!.)j
(I. CO[)IES OF FIL!,~G:
3, :1El~OVJ Secured ::'r.l~;' ,1m! Getlc:.r "..(, g !%rd t'1'j :lr~1 ;,'10 corc',ZS (filint; "flIC!,' "G',:,,1<J'.",ouumcl't) tu li'O riling Offlcor W:tll the ClllI ,'~I h"1'9 llie',
',. Th::l fili"g Office",'!iI! ,n'.rrn t1e; Dcn~d cooy as <In ackno','ifedgm~nl of Ill:J fil''19,
" Please inrJical:J the n;>m~ ,. d ,ra'i'r[ aduro;;~ 01 t"c person or firm 10 viho'l 'he co "y :11 tu O:J ICltl'rl'ocl'in IWln 12.
~. ;)iOt:\SONS ~~F.Dii,':3 ~~;;;.;~','f. lIe; :,h',ulri ~cnt"cf the GiJorgla S~por;or Court Cfer (~' r:;,c ,,,'ctj,u Auth<Jrily at Ga,ipri" 15 Office Pi.1r~, 321)0 Pro'('sslonal
Parl1way, Sulle 250, At!ef'J,a, GA 3~3;l~. P~ol1e (404) 938.8288 or FAX (404) 9BC-9:crO,
Tho UCC io;mc' ~-~;:~:J:~r!ng ;~~t~'~!;:r.lJ ;" ~I,.'''P'''~~;-'h.;~~;;:,~q",:;,;" " <:;';h':~~"'''' ;;~:,;:;" C.';;~.-.~d;';" ~'-;-;;":I~;"-;;']
forma end accompanying Inclruclloi1\~ C:l \'101 c:~ 2:'0 rui"" of the Authority, 011 partloG (,hnutd "I :1 rdnln1l.!m, cun5ull tho Dl'proprloto prolltolono of tho Officlnl Coda
of Georgls Annotated ("O.C,a.A.") 00 w011 00 on o:tornGY I1nowl9dgoablG In tho requlroment!; 01 Oaorglu'o Uniform Commorclal Coda.