HomeMy WebLinkAboutAUGUSTA FIRE DEPT AUGUSTA YOUTH
Augusta Richmond GA
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DOCUMENT TYPE: ~~e~~~
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BOX NUMBER: tq
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NUMBER OF PAGES:
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STATE OF GEORGIA
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LEASE AGREEMENT
RICHMOND COUNTY
THIS LEASE AGREEMENT, made this 15t day of January, 2004, by and between,
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting through the
AUGUSTA FIRE DEPARTMENT, hereinafterreferred to as "Lessor" and AUGUSTA YOUTH
CENTER, INC., 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"), Fire Station No. I, located at 302 Watkins Street, Augusta,
Georgia;
2. Term: The term of this Lease shall begin on the 151 day of January, 2004, and
subject to the option to renew set forth below in this paragraph 2, shall end, on the 31 5t day of
December 2004, at midnight, unless sooner terminated by either Lessor or Lessee as herein
provided. Each party shall have the right to tern1inate this Lease at any time during the initial
term or any renewal term for any reason upon 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 conunence
on January 1, and end at midnight on December 31, of the applicable calendar year) by written
agreement executed by each party no later than the 30th day immediately preceding the end ofthe
term being so renewed.
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3. Rental: Tenant shall pay to Landlord during the term of this Lease a yearly
rental payment in the amount of$1.00 payable in advance on the first day of the Lease term.
4. Use of Premises: The Premises shall be used for the headquarters of the
AUGUSTA YOUTH CENTER and for no other purpose without the advance written consent of
Lessor. The Premises shall not be used for any illegal purpose; nor in any manner to create any
nuisance or trespass; nor in any manner so as to invalidate the insurance or increase the rate of
insurance on the Premises.
5. Destruction of. or Damage to Premises: lfthe Premises are totally destroyed
by storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the
date of such 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. ~: Lessee shall place no sign or signs upon Premises except with the written
consent ofthe Lessor. Any and all signs placed on the Premises by Lessee 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
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which may affect the physical appearance of the Premises shall not be made without the advance
written approval of 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 wlitten 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 of
the Premises and Lessee covenants and agrees that it will inunediately give full infonnation 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 from the Premises at
the expiration of this Lease, but Lessee shall at its 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 construed 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 become the property
of Lessor upon the termination of this Lease.
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9.
No Estate in Land:
This contract shall create the relationship of Lessor and
Lessee between the parties hereto; no estate shall pass out of Lessor. Lessee has only a usufruct,
not subject to levy and sale, and not assignable by Lessee except by Lessor's consent.
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 the same shall be paid by Lessee. It is an express condition of this Lease
Agreement that, except when caused solely by its negligence, Lessor, 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 operations under and during
the term of this Lease; and Lessee, its successors, representatives, and assigns, shall indemnify
and save harmless the Lessor, its officers, agents, and employees, against and from any and all
such claims, demands, debts, liabilities, and causes of action (other than those caused solely by
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Lessor's negligence) including reasonable attomey's fees and costs to be inculTed by Lessor in
defending same.
12. Rights Cumulative: All rights, powers and privileges confelTed 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:
AUGUSTA YOUTH CENTER, INC.
302 WATKINS STREET
AUGUSTA, GEORGIA 30901
COpy to:
DAVID K. ANDERSON
HUGGINS, ALLEN, ANDERSON & JONES
3525 WALTON WAY EXT.
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.
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a. Lessee specifically agrees that its operations shall be conducted in compliance
with all federal, state, and local environmental laws, rules, and regulations and agrees to
indemnify and hold hannless Lessor and including without limitation, members of the Augusta-
Richmond County Commission, members of Augusta Fire Department and the officers,
employees and agents of each, harmless from and against 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 com1 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 of 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 at Lessee's expense or, if Lessee
shall fail to take reasonable action to defend such claim 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 ternlS hereof shall constitute a waiver of
Lessor's right to demand strict compliance with terms hereof.
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Time of Essence:
Time is of the essence of this Agreement.
This Lease contains the entire agreement ofthe pm1ies and
15.
16.
Entire Agreement:
no representations, inducements, promises or agreements, oral or othenvise, between the parties
not embodied herein shall be of any force and effect.
17. Inspection by Lessor: Lessor, its authorized officers, employees, agents or
representatives shall have the right to enter upon the premises to make inspections during regular
business house when a representative of the Lessee is present, or at any time in case of
emergency and/or to deternune whether Lessee has complied with and is complying with the
terms and conditions ofthis agreement; provided, however, that said inspection shall in no event
unduly disrupt or interfere with the operation ofthe Lessee.
18. Taxes: Lessee shall pay all personal property taxes legally assessed against its
equipment, furniture or other personal property located on the Premises.
19. Insurance:
a. Lessee hereby agrees to maintain at all times at Lessee's expense,
comprehensive general public liability insurance coverage for claims against bodily injury, death
and/or property damage occurring in cOlmection 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.
20.
Open Records:
The Lessee acknowledges that all records relating to tlns
Agreement and the services to be provided under this Agreement may be a public record subject
Page 7 of9
to Georgia's Open Records Act (O.C.G.A 9 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 and shall furnish Lessor with a copy ofthe request and the response to
such request.
21.
Governing Law:
This Agreement shall be govemed and interpreted by the
laws of the State of Georgia.
22.
Venue:
All claims, disputes and other matters in question between the
Lessor and the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. The lessee, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to contest
the venue in the Superior Court of Riclunond County, Georgia.
23. Entire Agreement: This Lease contains the entire agreement ofthe pat1ies 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 hereu~der, or to insist upon strict compliance by either party of any obligations
hereunder and no custom or practice of the parties at variance with the ternlS hereof. This
Agreement may only be amended by writing signed by both parties.
24.
Breach:
Upon the failure of Lessee to observe or comply with any of the
provisions of tills Agreement, Lessor may immediately terminate this Agreement and institute
such actions necessary to recover the property and evict Lessee.
IN WIT1\TESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
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AUGUSTA, GEORIGA
Lessor
By:
Sworn to and subscribed
~ /9 dayof
,2003.
~~LV
Notary P' ie .
;"", ",I \_~',-: ;j, . "
AUGUSTA YOUTH CENTER, INC.
Lessee
~I
By:
Swom to and subscribed
before me this ( day of
(JIlLS ,2003.
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0..:. ' '.. . "
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