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HomeMy WebLinkAboutARC HEALTH DEPT FIRE STA 12 "1 ..., STATE OF GEORGIA ) ) ) LEASE AGREEMENT RICMHOND COUNTY /$ THIS LEASE AGREEMENT, made as of the pt day of April, 2006, by and between, AUGUSTA, GEORGIA, apolitical subdivision of the State of Georgia, acting through the AUGUSTA FIRE DEPARTMENT, hereinafter referred to as "Lessor" and RICHMOND COUNTY DEPARTMENT OF HEALTH, hereinafter referred to as "Lessee"; WIT N E SSE T H: 1. Premises: The Lessor, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter set forth, to be paid, kept and performed by the Lessee, does hereby lease unto the said Lessee and said Lessee hereby agrees to lease and take upon the terms and conditions which hereinafter appear, the following described property (hereinafter referred to as the "Premises"), Old Fire Station No. 12, located at the intersection of Mike Padgett Highway and Hephzibah-McBean Road, Augusta- Richmond County, Georgia and designated as Map and Parcel 354-0-038-00-0; 2. Term: The term of this Lease shall begin on the 1 st day April 2006 and, subject to the option to renew set forth below in this paragraph 2, shall end on the 31 st day of March 2007, at midnight, unless sooner terminated by either Lessor or Lessee as herein provided. Each parry shall have the right to terminate this Lease at any time during the initial term or any renewal term for any reason upon sixty (60) days advance written notice to the other party. The parties may renew this Lease for one or more additional one-year terms (each to commence on April 1, and end at midnight on March (, 31, of the applicable calendar year) by written agreement executed by each party no later than the 30th day immediately preceding the end of the term being so renewed. 3. Rental: Tenant shall pay to Landlord during the term of this Lease a yearly rental payment in the amount of One Dollar ($1.00) payable in advance on the first day of the Lease term. 4. Use of Premises: The . Premises shall be used for operation of an insect control operation and the storage of materials associated with such operation and for no other purpose without the advance written consent of Lessor. The Premises shall not be use for any illegal purpose; nor in any manner to create any nuisance or trespass; nor in any maImer so as to invalidate the insurance or increase the rate of insurance on the Premises. 5. Destruction of, or Damage to Premises: If the Premises are totally destroyed by storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the date of stich destruction. 6. Assignment and Subletting: Lessee may not sublease all or any portion of the Leased Premises or assign this Lease or any interest hereunder without prior written consent of the Lessor. 7. Signs: Lessee shall place no sign or signs upon Premises except with the written consent of the Lessor. Any and all signs placed on the Premises byLessee with the consent of Lessor shall be maintained in compliance with rules and regulations goveming such signs and the Lessee shall be responsible to Lessor for any damage caused by installation, use, or maintenance of said signs, and Lessee agrees upon removal of said signs to repair all damages incident to such removal. 8. Repairs, Alterations and Additions: Any and all repairs, alterations and additions made to the Premises hereby leased by the Lessee, shall be and remain a part of said Premises hereby leased by the Lessee, and shall be surrendered to the Lessor by the Lessee at the expiration of the term of this Lease. Any alterations or additions to the Premises and any repairs, which may affect the physical appearance of the Premises, shall not be made without the advance written approval of the Lessor. Any and all repairs, alterations and additions to the Premises shall be performed in a good and workmanlike manner using new materials and equipment and in compliance. with all safety codes and regulations. In the event that any repairs, additions, alterations or improvements are made by the Lessee after obtaining the written consent of the Lessor through a contractor, the Lessee agrees that it will closely supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue or be filed against the Premises; and in the event that the Lessee hires laborers and/or purchases material itself for the improvement of the Premises, it will promptly pay all charges for such labor and materials when the same become due so that no liens will accrue or be filed against the Premises and no claim can be asserted against Lessor for such payment. Lessor shall have the right to call upon the Lessee for a statement or other information concerning the payment of any contractor, laborer and/or materialman who may have furnished labor. or materials for the improvement or the Premises and Lessee covenants and agrees that it will immediately give full information in regard to all such 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 form the Premises at the expiration of this Lease, but Lessee shall at,jts own expense repair any damage to the Premises which may result from the removal therefrom of any such personal property of Lessee. Nothing in this paragraph or in this Lease shall be constructed to authorize the Lessee to remove from the Premises any heating or air conditioning equipment, any electric wiring, electric fixtures, switches, duct-work, . pipes, plumbing fixtures, ceiling fans, or any similar materials or equipment which may have been installed by Lessee. Said materials shall be come the property of Lessor upon the termination of this Lease. 9. No Estate in Land: This contract shall create the relationship of Lessor and Lessee between the parties hereto and no estate shall pass out of Lessor. 10. Holding Over: If Lessee remains in possession of Premises after expiration of the term hereof, with Lessor's acquiescence and without any express agreement of parties, Lessee shall be a tenant at will at the rental rate in effect at the end of this Lease; and there shall be no renewal of this Lease by operation oflaw. 11. Exculpation and Indemnification: The Premises are being leased to Lessee "as is", and Lessee accepts said Premises in its present condition and acknowledges that it has inspected the same and found the Premises to be suitable for its intended use. If any repairs to the improvements located on the premises covered by this Lease are required during the term of this Lease, the cost of same shall be paid by Lessee. It is an express condition of this Lease Agreement that, except when caused solely by its negligence, Lessor's, its officers, agents, and employees, shall be free from any and all claims, debts, demands, liabilities, or causes of action of every kind or character, whether in law or in equity, by reason of any death, injury, or damage to any person or persons or damage or destruction of property or loss of use thereof, whether it be the person or property of Lessee, its invitees, licensees, agents, or employees, or any third persons, from any cause or causes whatsoever arising from any event or occurrence in or upon the Premises or any part thereof or otherwise arising from Lessee's operations. 12. Rights Cumulative: All rights, powers and privileges conferred hereunder , .~. upon Lessor shall be cumulative but not restrictive to those given by law. 13. Service of Notice: Any notice, demand, request, approval, consent, or other communication(hereinafter referred to as "notice"), which Lessor or Lessee may be required to permit to give to each other shall be in writing and shall be mailed in an official United States Post Office, certified or registered mail, return receipt requested, with adequate postage prepaid, to the other party at the address as each party has designated in this Lease or shall have changed by proper notice in writing to the other. Such addresses are as follows: Lessor: AUGUSTA, GEORGIA C/O AUGUSTA LAW DEPARTMENT 501 GREENE STREET SUITE 302 AUGUSTA, GEORGIA 30901 Lessee: RICHMOND COUNTY DEPARTMENT OF HEALTH C/O CASSANDRA YOUMANS, MD. 1916 NORTH LEG ROAD AUGUSTA, GEORGIA 30909 If notice is not an answer or reply to a previous notice from the other party, the time of rendition of such shall be the date when the receipt is signed, refused or returned unclaimed. If the notice is an answer or reply to a previous notice from the other party, the time of rendition of such shall be the date postmarked by the United States Postal Service. In the event of a postal strike or other interference with the regular delivery of mail, notices may be served in person or by telegram in lieu of certified or registered mail, but shall be effective upon receipt. a. Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state, and local environmental laws, rules, and regulations and Lessee shall be liable for all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from the foregoing (i) by reason or on account of damages to or destruction of the property of Lessor, or any property of, injury to or death of any person, resulting from or arising out of Lessee's use of the premises (except when such damages, destruction, injuries or death arise solely by reason of Lessor' s negligence), or (ii) arising out of the failure of Lessee to keep, observe or perform any or the agreements or conditions of this Agreement. Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Lessor or its insurer, and either Lessee shall defend or compromise same following notice from Lessor, then Lessor shall have the right to compromise and defend the same to the extent of its interests, with all cost to be borne by Lessee. 14. Waiver of Rights: No failure of Lessor to exercise any power given it hereunder or to insist upon strict compliance by Lessee with any of its obligations hereunder and no custom or practice of the Lessor at variance with the telms hereof shall constitute a waiver of Lessor's right to demand strict compliance with terms hereof. 15. Time of Essence: Time is of the essence of this Agreement. 16. . Inspection by Lessor: Lessor, its authorized officers, employees, agents or representative shall nave the right to enter upon the premises to make inspections hours during regular business ~ when a representative of the Lessee is present, or at any time in case of emergency and/or to determine whether Lessee has complied with and is complyin~ with the terms and conditions of this agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of the Lessee. 17. Taxes: Lessee shall pay all personal property taxes legally assessed against its equipment, furniture or other personal property located on the Premises. 18. Insurance: a. Lessee hereby agrees to maintain at all times at Lessee's expense, comprehensive general public liability insurance coverage for claims against bodily and/or property damage occurring in connection with the use and occupancy of the leased premIses. Lessee hereby agrees to also maintain at all times at Lessee's expense, Worker's Compensation Insurance. All policies including insurance coverage required to be maintained by Lessee shall be issued by an insurance carrier or carriers, licensed to do business in the State of Georgia having an "A" or better rating. Upon request, Lessee and Lessor thereof shall provide a certificate of all insurance required hereunder to the other. 19. Open Records: The Lessee acknowledges that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia's Open Records Act (O.C.G.A & 50-18-70, et seq.). Lessee shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Lessee shall notify Lessor / immediately of any request made under the Open Records Act. arid shall furnish Lessor with a copy of the request and the response to such request. 20. Governing Law: This Agreement shall be governed and interpreted by the laws of the State of Georgia. 21. Venue: All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The lessee, by executing this Agreement, specifically consents to venue in Richmond County and waives any rightt contest the venue in the Superior Court or Richmond County, Georgia. 22. Entire Agreement: This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or othenvise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either paliyofany obligations hereunder and no custom or practice of the parties at variance with the terms hereof. This Agreement may only be amended by writing signed by both parties. 23. Breach: Upon the failure of Lessee to observe or comply with any of the provisions of this Agreement, Lessor may immediately terminate this Agreement and institute such actions necessary to recover the property and evict Lessee. , IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. AUGUSTA, GEORGIA Lessor By: (jz;{-.{. ({;- David S. Copenhave Mayor j~ Sworn to and subscribed Before me this~ay of April, 2006. ta..r'Z/L mm~ Notary lic Notary PUblic' Georgia My Commis '. COlumbia County, 2006 Slon Fxnires Aug. 1, RICHMOND COUNTY BOARD OF HEALT Lessee By: Cassandra Youmans, M.D. District Health Director Sworn to and subscribed before me this ~ay of April, 2006. ary Public NOTARY PUBLIC, RICHMOND COUNTY, GEORGIA MY COMMISSION EXPIRES NOV. 13,2007