HomeMy WebLinkAboutAviation Commission and UNC/CFC
Augusta Richmond GA
DOCUMENT NAME: A\J\Qt.\.t:i:'t (Ixn\Y)\&s\0l c\ U\)G)L~C
DOCUMENT TYPE: Oij( ee>YlET\-\
YEAR: C\ l
BOX NUMBER: 03
FILE NUMBER: \ ~S<6
NUMBER OF PAGES: c9;;)
AUGUSTA-RICHMOND COUNTY COMMISSION
LARRY E. SCONYERS
Mayor
ROOM 801 MUNICIPAL BLDG. (I I)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
LEE BEARD
ULMER BRIDGES
JERRY BRlGHAM
HENRY H. BRlGHAM
WILLIAM B. K1Jlll.KE, JR.
WM. "WILLIE" H. MAYS. ill
J. B. POWELL
MOSES TODD
ROB ZETIERBERG
FREDDIE L. HANDY
Mayor Pro Tern
March 28, 1997
CHARLES R. OLIVER, P E. CPA
Administrator
JAMES B. WALL
Attorney
Ms. Lena Bonner
Clerk, Commission
8th Floor, Municipal Bldg.
Augusta, GA 30911
Reply 10:
P.O. BOX 2125
Augusta. GA. 30903
Dear Lena:
I am enclosing a fully executed copy of the Lease
Agreement between the Augusta Aviation Commission and UNC/CFC
Acquisition Company d/b/a Garrett Aviation Services, which was
approved the Augusta-Richmond County Commission on October I, 1996.
Please place this fully executed copy in the permanent records.
Thanking you and with best personal regards, I am
JBW/sjp
ery truly,
Enclosure
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STATE OF GEORGIA
LEASE AGREEMENT
RICHMOND COUNTY
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This Lease Agre-ement r :fa.de and entered into as of the
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tJe-!&6er
1996, by and between the AUGUSTA
AVIATION COMMISSION r an instrumentality of the AUGUSTA-RICHMOND
COUNTY COMMISSION-COUNCIL as successor to THE CITY COUNCIL OF
AUGUSTA,
hereinafter referred to as
"Lessor" ,
and '(JNC/CFC
ACQUISITION COMPANY d/b/a GARRETT AVIATION SERVICES, hereinafter
referred to as "Lessee";
WIT N ESE T H: that,
~~HEREAS, the Lessee desires to lease from Lessor and
Lessor desires to lease to Lessee, for such rental and upon such
terms and conditions as hereinafter set forth, certain improvements
to be constructed by Lessor in accordance with certain plans and
specifications approved by Lessee on certain property of Lessor at
Bush Field Airport in Augusta, Richmond CountYr Georgia currently
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under lease to Lessee.
NOWr THEREFOREr In consideration of the premlses and the
m~tual covenants hereinafter set forth, the benefits and detriments
flowing to and from each of the parties hereto, the parties hereby
agree as follows:
1.
Definitions:
The following terms, when usen herein,
shall have the meanings hereinafter set forth:
a) "Commencement Date" as used herein shall mean that
date on which a certificate of occupancy is issued for the
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improvement~ to be constructed pursuant to the terms of this
agreement and possession of said improvemerrts .is made available to
Lessee.
b) "Leased Premises" shall mean the improvements to be
constructed 2-n accordan~ with the plans and specifications
prepared by Cheatham, Fletcher, Scott & Sears Architects, P. C.
hereinafter referred to and that portion of the property currently
being leased to Lessee upon which it is physically located.
c) "Lease Term" or "the term of this lease" as used
herein shall mean that period of 120 consecutive months beginning
on the "Commencement Date. II
2.
Construction of ImDrovements.
That Lessor shall,
at its expense, cause to be constructed on that tract or parcel of
land currently leased to Lessee and highlighted In yellow on
"Exhibit A" attached hereto and specifically incorporated by
reference herein, certain improvements in accordance with the plans
and specifications thereof dated April 15, 1996 prepared by
Cheatham, Fletcher, Scott & Sears, Architects, P.C., entitled
.,.
"Addition to Hanger 5 Garrett Aviation" which have been
initialled by the parties hereto anc. are hereby specifically
incorporated herein by reference and made a part hereof.
In order
to enable such i~provements to be constructed, Lessee warrants to
Lessor that Lessee shall provide Lessor (and such contractors and
other agents, subcontractors, suppliers and/or employees as are
selected for the construction of such improvements) access to and
exclusive possesslon of the Leased Premises for such period of time
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commencing on the date hereof as may be reasonably required to
complete construction of such improvements.
3. Time of COf11Dletion Lessor shall make reasonable and
diligen~ efforts to complete construction of said improvements on
or before the 15th day_of ~,199'l"7; however, this
shall be extended for all delays in construction resulting
date
from
causes beyond the Lessor's control.
4.
Inspection and Entrv bv Lessee
Duri~g the course
of such construction, Lessee may enter upon the said Leased
Premises highlighted on "Exhibit A" attached hereto at reasonable
times for the purpose of inspection, and, as soon as possible after
such construction is substantially complete, Lessee may enter upon
the Leased Premises for the purpose of installing any fixtures and
other equipment to be provided by Lessee; provided, however, that
Lessee shall not delay or unreasonably interfere with the Lessor's
employees, agents or contractors in any of the construction work
required to be performed hereunder.
5. Rental As rental to be paid hereunder, Lessee': shall
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pay to Lessor, in 120 equal, consecutive, monthly installment
payments, an amount equal to the total cost of construction of the
improvements described in said plans and specifications and
required to be constructed pursuant to this agreement
(the
"Construction Costs"), together with interest on the unpaid balance
at the rate of 85 percent of the Prime Rate amortized over the
Lease Term and payable monthly;
the first of such monthly
installment payments of Construction Costs and monthly interest
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payments shall become due and payable on the Commencement Date with
an addi tional such monthly installment paym,ent of Construction
Costs and monthly interest payment becoming due and payable on the
corresponding day of each of the successive 119 months thereafter.
The term "Prime ...Rate" as used herein shall mean that rate
of interest per annum published and declared by First Union
National Bank of Georgia as its "Prime Rate" which lS in effect on
the Commencement Date; provided, however, that in the event that
First Union's said Prime Rate In effect on any anniversary of the
Commencement Date during the Lease Term should vary one percent
(1%) or more from the Prime Rate utilized to calculate the rent
during the immediately preceding 12 month period, the term "Prime
Rate" as used herein shall mean First Union's prime rate in effect
on such anniversary date and the remaining monthly rental payments
to be paid hereunder shall be adjusted up or down accordingly based
upon the Prime Rate in effect on such anniversary date.
The terms "cost of construction" and" Construction Costs"
as used herein shall include:
.,.
(a) all sums paid by the Lessor for labor I materials,
utilities, equipment rental, permits and services utilized or
provided in the construction of the improvements required to be
constructed hereunder pursuant to said plans and specifications
including the cost of any payment and performance bonds paid for
any Lessor or any contractor of Lessor and the cost of builder's
risk,
worker's compensation,
comprehensive general liability
(including fire and extended coverage) insurance premiums incurred
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In connection with such construction from the date of this
agreement until such time as possesslon of the Leased Premises lS
delivered to Lessee; and
(b) all sums paid by the Lessor for architectural and
engineering services heret~fore or hereafter provided in the design
of said improvements or In connection with supervision of the
construction of the same together with any and all other services
reasonably required to be provided by the architect or engineer
employed by Lessor In connection with the construction of said
improvements including specifically but not exclusively the
solicitation and evaluation of bids for such construction and the
obtaining of the necessary certificate of occupancy; and
(c) all fees paid to any surveyor in connection with
preparation of any survey of any property covered by this lease;
and
(d) all electricity, gas, water, telephone and other
utility services utilized in the construction of said building and
improvements; and
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(e) any other fees and expenses reasonably required to
be paid by Lessor in connection with the completion of construction
of said building and improvements; and
(f) interim interest on all payments, expenses and costs
referred to above at the rate of 7-1/4 percent per annum from the
date such payment is made by Lessor until the Commencement Date;
provided, however, that the said cost of construction, exclusive
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or interest, shall not exceed $500,000.00 without the mutual
written consent of the parties hereto.
In the event that the Lessor in good raith concludes that
the cost of construction will exceed $500,000.00, the parties
hereto shall confer with ~he architect and attempt to agree upon
reasonable modifications to the plans and specifications which will
reduce the cost of construction to so as to not exceed such maximum
limit set forth herein without unreasonably restricting the ability
of the Lessee to utilize the said improvements for the purposes
intended.
In the event the parties are unable In good faith to
reach agreement as to such modifications, the Lessor shall have the
option of terminating this agreement in which event neither party
hereto shall have any other or rurther obligations hereunder except
that each party shall pay one-half or the architectural and
engineering fees incurred In the design of said building and
improvements prior to such termination.
In the event the 120 month Lease Term as defined In
paragraph numbered l(c) above should expire prior to December 31,
.,.
2007 when the renewal term of the lease dated July l5, 1976 between
the Landlord and Lessee1s predecessor, The Garrett Corporation, as
amended, expires, the 120 month Lease Term set forth herein shall
be automatically extended to and including December 31, 2007, and
Lessee shall pay to Lessor monthly rental each month during said
extended term in an amount equal to the monthly payment paid for
the last month cf the original 120 month Lease Term. In the event
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any 'portion of the extended term lS less than 30 days, such monthly
payment shall be pro-rated.
Any rental payment or other payment required to be paid
by Lessee hereunder, if not paid within 5 days of the due date,
shall bear interest from ....t.he date the same became due until the
date payment is received by Lessor at the rate of 1.5% per month
(18% per annum) .
If Lessee fails to pay any rental payment or any
other payment required to be paid by Lessee hereunder and the same
is collected through the services of an attorney at law; Lessee
shall pay to Lessor attorneys' fees in the amount of 15% of the
total amount due from Lessee and all reasonable expenses of
litigation.
6.
Use of Premises.
At all times during the Lease
Term, Lessee shall have the right to conduct a commercial aviation
business in upon the premises using the trade names "AiResearch
Aviation Company", "The Garrett Corporation," or any combination
thereof,
and
any other
trade name
owned by Lessee,
its
subsidiaries, or divisions, and for the following purposes:
.,.
a) The sale of aircraft, aircraft parts, supplies and
equipment of every kind and character, and any other items
incidental to aviation, except the sale of aviation fuels, it being
expressly understood that no aviation gasolines or turbine fuels
shall be stored or brought upon the Leased Premises for either use
or resale by Lessee or its customers, guests, or patrons, other
than fuels purchased from Lessor for Lessee's sole use (subject to
the provisions of Section 7 hereof) .
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b) The servlclng, repalr, storage, and modification of
aircraft and aircraft parts owned by Lessee and its customers.
c)
The conduct or charter,
cargo,
and passenger
servlces, provided that such activities do not result in Lessee
being deemed to be or classified as a "common carrier" as defined
by the Civil Aeronautics Board.
d) The conduct of training schools relating to any and
all phases of aviation.
e) Any other activities incidental to Lessee's aviation
business.
7.
Storaae and Sale of Gasoline and Fuels.
It is
understood and agreed by the parties hereto that Lessor has
reserved unto itself exclusive control of the storage and sale of
all aviation gasolines and fuels on or about Bush Field Airport.
However, in the event that Lessor during the term of this lease
elects to glve up such exclusive control, Lessee shall be granted
the right to buy, sell and store aviation gasolines and fuels on
the Leased Premises on such terms and conditions as the parties
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hereto may mutually agree upon.
8.
Alterations, Additions and Chanqes.
Lessee shall
not, without the prior written consent of the Lessor, make any
alterations, changes or additions, structural or otherwise, in or
upon any part of the Leased Premises.
The foregoing shall also
apply to all exterior signs on the Leased Premises whether painted,
attached, or erected, on or about any part of the Leased Premises.
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Lessee shall not install any exterior signs thereon without the
prlor written consent of Lessor.
9.
ReDairs and Maintenance.
Lessee shall be solely
responsible for maintaining the improvements covered by this lease
including specifically but not exclusively the heating, alr
conditioning and plumbing and electrical facilities located therein
in good working condition and state of repair at all times during
the Lease Term.
At the end of the Lease Term, said improvements
shall be returned by Lessee to Lessor ln the condition they were
in on the date of commencement of the lease, fair wear and tear
excepted.
10.
utilities.
Lessee shall pay all charges for
electricity, gas, water, telephone, sewer service, sewer treatment,
telephone aDd any other communication or utility service used in
or rendered or supplied to the Leased Premises throughout the term
of this agreement and shall indemnify Lessor and hold it forever
harmless against any and all liability or damages related thereto.
11. Indemnity; Insurance. Lessee agrees to indemnify
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and hold harmless Lessor from any and all claims in any way related
to or arlslng out of any failure of Lessee to perform its
obligations hereunder or related to or arising out of any damage
or injury to property or persons, occurring or allegedly occurring
in, on or about the Leased Premises during the period from the date
of this agreement to the end of the Lease Term,
including
reasonable attorney's fees and expenses of litigation incurred by
Lessor in connection therewith.
Without limiting the foregoing,
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Lessee further agrees to maintain at all times during said period,
at Lessee I s expense, comprehensive and general public liability
insurance coverage against claims for personal injury, death and/or
property damage occurring in connection with the use and occupancy
of the Leased Premises ....or arlslng out of their ownership,
improvement, repair or alteration with limits of coverage of not
less than $1,000,000.00 for personal injury (inclcding death) per
person and $1,000,000.00 per occurrence,
and not less than
$250,000.00 for property damage and having no deductible amount in
excess of $250,000.00 in the aggregate.
Lessee shall also
maintain, at all times during the term of this lease, fire and
extended coverage insurance against fire and other risks covered
by the so-called "Broad Extended Coverage Endorsement" in an amount
equal to the full replacement cost of such improvements to be
constructed on the Leased Premises.
All policies providing lnsurance coverage required to be
maintained by Lessee hereunder shall list Lessor, The Augusta
Richmond County Commission Council and its Mayor Chairman, Lessee
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and their officers, agents, members, employees and successors as
named insureds, as their interests may appear, and shall be issued
by an insurance carrier or carriers licensed to do business in the
State of Georgia and reasonably acceptable to Lessor.
All such
policies shall provide that no act or omission of Lessee or its
agents, servants, or employees shall ln any way invalidate any
insurance coverage for the other named insureds.
No insurance
policy providing any insurance coverage required to be provided by
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Lessee hereunder shall be cancellable without. at least 15 days
advance written notice to Lessor. All insurance policies required
hereunder, or coples thereof I shall be provided to Lessor by
Lessee.
12. Compliance,...with Ordinances, Rules and Reaulat.ions.
Lessee agrees that its operations will be conducted in and upon the
Leased Premises in strict compliance with the r.:les and regulations
of the Federal Aviation Administration, the ordinances or The City
Councilor Augusta and the Augusta-Richmond County Commission-
Council, and all rules and regulations or Lessor. It is understood
and agreed that Lessor shall furnish a Manager or Bush Field
Airport who at all times will be in full and complete charge or
said Airport.
Lessee further agrees to endeavor to conduct its
business in such a manner as will develop and maintain the good
will and active interest or the general public.
13.
Use of Landino Areas.
It lS expressly understood
and agreed by the parties hereto that the use of all Janding areas
at Bush Field Airport shall be open at all times to all persons,
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firms, and corporations desiring to use same, provided only that
such use shall be in accordance with the rules and regulations of
the United States Government, Federal Aviation Administration, the
laws of the State of Georgia and the rules and regulations of
Lessor.
Any access to the landing areas rrom the Leased Premises
shall be provided and maintained by Lessor ln accordance with
Federal Aviation Administration standards.
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14. Parkinq. Lessee's employees, pa~rons, and suppliers
shall have the right to use in common with .others the existing
public automobile parking areas in the general vicinity of the
Lessee's Leased Premises and designated by the Lessor as public
parking.
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15.
No Exclusive Riahts.
It is understood and agreed
by the parties hereto that nothing herein contained shall be
construed to grant or authorize the granting of any exclusive right
within the meaning of Section 303 of the civil Aeronautics Act, as
amended. In the event of any conflict between the provisions of
this paragraph and the provisions of any other paragraph of this
agreement, the terms of this paragraph shall control.
16. Assiqnment; Sublettinq; No Waiver. Lessee may not,
without the prior written consent of Lessor, assign this lease or
any interest hereunder, or sublet the Leased Premises or any part
thereof, or permit the use of all or part of the Leased Premises
by any party other than Lessee.
Any consent by Lessor hereunder
shall apply only to the specific transaction thereby authorized and
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shall not be construed as a waiver of the duty of Lessee to obtain
from Lessor consent to any other assignment, subletting or use.
In the event Lessor should grant such consent, all subtenants or
asslgnees shall be liable directly to Lessor for all obligations
of Lessee hereunder, without, however, relieving Lessee from any
liability hereunder.
17. Riaht of Entrv of Lessor. Lessor reserves the right
to enter upon the Leased Premises at all reasonable times to
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inspect the property, to perform any work made necessary by
Lessee's default hereunder, to exhibit the property for sale, lease
or for the purpose of obtaining financing.
18. Title to Buildinqs; Removal of Lessee's Propertv.
It lS agreed by the p~ties hereto that all buildings and
structures and improvements of a permanent character now or
hereinafter constructed or installed upon or included as part of
the Leased Premises by Lessor or Lessee, including all plumbing,
heating, air conditioning equipment and other fixtures affixed
thereto, shall be and remain the property of Lessor and that fee
simple title to the same shall be vested In Lessor i provided,
however, that all movable equipment, fixtures and other property
brought or installed upon the Leased Premises by Lessee shall
remain the property of Lessee.
Prior to or within 45 days after
the expiration of the term of this lease, Lessee may remove all or
any part of its said property from the Leased Premises provided
that Lessee shall repair and restore any damage to the Leased
Premises occasioned by such removal.
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19. Taxes. Lessee shall pay all personal property taxes
which may be assessed against its equipment, merchandise, or other
property located on or about the Leased Premises and any franchise
fees or other taxes which may be imposed or assessed against Lessee
or its leasehold interest.
20.
Fire or Other Casualtv.
If the improvements to be
constructed on the Leased Premises shall be damaged or destroyed
by fire or other casualty, the same shall be repaired or replaced
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utilizing the proceeds of the lnsurance coverage required to be
maintained by Lessee under the terms of this agreement.
In the
event such damage or destruction renders the Leased Premises
untenantable,
the rent required to be paid hereunder shall
nevertheless continue to~e paid by Lessee without interruption
during the period of repair or replacement.
21. Default Provisions.
a) In addition to all other rights and remedies it may
have, Lessor may immediately terminate this Lease, or reenter and
attempt to relet without terminating, and remove all persons and
property from the Leased Premises, if Lessee (i) fails to pay any
rental or other sum when due hereunder, (ii) fails to observe,
perform, or keep any other term, provision, covenant or condition
herein requireo by Lessee to be observed, kept or performed, for
more than ten days after Lessor givES Lessee written notice of such
default, (iii) falsifies any document required to be furnished to
Lessor hereunder, or (iv) allows this Lease to be taken under any
writ of execution. In any such event, Lessor may remove such
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property and store it in a public warehouse, or elsewhere, for
Lessee's account and at Lessee's expense, without service of notice
or resort to legal process, and without being deemed guil ty of
trespass or becoming liable for any resulting loss or damage.
b) If Lessor (i) elects to reenter and attempt or
relet, or (ii) takes possession pursuant to legal proceedings or
any notice provided by law, it may, from time to time, make
whatever alterations and repairs are required relative co all or
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part of the Leased Premises for any term or terms (which may extend
beyond the term of this lease) I at any rental Dr rentals, and upon
any other terms and conditions Lessor deems advisable. All rentals
recelvec by Lessor from each such reletting shall be applied,
first, to the payment of,... any indebtedness other than rent due
hereunder from Lessee to Lessor; second, to the payment of all
costs and expenses of such reletting, including brokerage fee and
at torney I s fees; third, to the payment of rent due and payable
hereunder.
If the rentals received from such reletting during any
month are less than those to be paid during that month by Lessee
hereunder, Lessee shall pay such deficiency to Lessor.
Such
deficiency shall be calculated and paid monthly.
No such reentry
or taking possession of the Leased Premises by Lessor shall be
construed as its election to terminate this Lease unless a notice
of such intention is given to Lessee or the termination thereof is
ordered by a court of competent jurisdiction. Notwithstanding any
such reletting without termination, Lessor may at any time
thereafter elect to terminate this Lease for such previous breach.
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In addition to all other rights and remedies which Lessor may have
at law, in equity or hereunder, if Lessor shall terminate the lease
for any breach, it may recover from Lessee (i) all damages incurred
by reason of such breach, including the cost of recovering the
Leased Premises, (i i)
reasonable attorney's fees, and (iii) the
amount by which the rent and equivalent charges reserved herein for
the remainder of the stated term exceeds the then reasonable rental
value of the Leased Premises for such remaining period. All of the
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above amounts shall be immediately due and payable from Lessee to
Lessor.
c) Lessee shall pay upon demand all of Lessor's charges
and expenses incurred in recovering all sums due hereunder, or
arising out the breach of -any covenant hereunder or for any other
relief against Lessee, including reasonable attorneys fees and
expenses of litigation, the fees of counsel, agents, and other
retained by other right and remedies at law, in equity, or
hereunder.
If Lessor prevails in any action brought by it against
Lessee for relief hereunder, Lessee shall pay Lessor reasonable
attorney fees and all court costs.
d) Lessor may cancel and terminate this Lease if Lessee
becomes bankrupt, or files or has filed against it in any court
under any federal or state statute, any debtor proceedings, or a
petition in bankruptcy or insolvency, for reorganization, or for
the appointment of a receiver or trustee of all or part of Lessee's
property; or if Lessee makes an assignment for the benef i t of
creditors, or petitions for or enters into an arrangement. Upon
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such cancellation and/or termination, no party claiming on behalf
of Lessee shall have any rights hereunder.
e) No waiver of any covenant or condition of this Lease
or of the breach thereof shall be deemed to constitute a waiver of
any subsequent breach of such covenant or condition, or to justify
or authorize the nonobservance on any other occasion of the same
or any other covenant or condition hereof. No waiver or indulgence
granted by Lessor to Lessee shall be taken as an estoppel against
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Lessor.
Lessor's acceptance of rent, or its failure to promptly
avail itself of any or all of its rights or remedies at any time
while Lessee is in default under any covenant or condition hereof,
shall not be construed as a waiver of such default, or of Lessor's
right to terminate this L~se on account thereof.
f) Lessor's rights and remedies hereunder shall be
deemed to be cumulative and not exclusive of all other rights and
remedies which it may have at law or in equity, and Lessor may
exercise any such right or remedy at anyone or more times without
impairing its standing to subsequently exercise any other right or
remedy.
22.
Covenant of Ouiet Possession.
Lessor covenants,
upon Lessee paying the rent and all other charges provided for
herein and observing and keeping the covenants of this lease on its
part to be kept, that Lessee shall peaceably and quietly have,
hold, occupy, and enJoy the Leased Premises during the term of this
lease.
23. Notices. All notices, demands, and requests which
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mayor are required to be given by either Lessor or Lessee to the
other shall be in writing and shall be deemed to have been properly
given when sent postage prepaid by registered or certified mail
(with retur~ receipt requested) addressed as follows: If intended
for Lessee:
FACILITIES MANAGER
UNC/CFC ACQUISITION COMPANY d/b/a GARRETT
AVIATION SERVICES
1550 HANGAR ROAD
AUGUSTA, GEORGIA 30906
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or, if intended for Lessor:
AUGUSTA AVIATION COMMISSION
BUSH FIELD AIRPORT
1501 AVIATION WAY
AUGUSTA, GEORGIA 30906-9600
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Either party may change the address and name of addressee to which
subsequent notices are to be sent by notice to the other glven as
aforesaid.
24.
Exculpation, Indemnitv.
Wherever In this lease,
Lessor's liability is limited, modified or exculpated or Lessee
agrees to indemnify or hold Lessor harmless or have Lessor named
as an additional insured, the term Lessor shall mean and include
the Augusta Aviation Commission, The Augusta Richmond County
Commission Council
(including its Mayor Chairman)
and their
members, officers, agents, servants, employees and successors in
office.
25. Covenants Bind and Benefit Successors and Assiqns.
The provlslons of this lease shall be binding upon and inure to the
benefit of the parties hereto and their ~spective successors and
permitted assigns; provided, however, that no one shall have any
benefit or acquire any rights under this lease pursuant to any
conveyance, transfer, or assignment in violation of any of its
provisions.
26.
Governina Law.
This lease agreement shall be
governed and interpreted by the laws of the state of Georgia.
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27. Entire Aqreement; No Waiver.
This lease contains
the entire agreement of the parties and no representations,
inducements, pro~lses, or agreements, oral or otherwise, between
the parties not embodied herein shall be of any force or effect.
No failure of either party to exercise any power glven it
hereunder, or to insist upon strict compliance by either party of
any obligations hereunder, and no custom or practice of the parties
at variance with the terms hereof shall constitute a waiver of
either party's right to demand exact compliance with the terms
hereof.
28. Approval bv the Auqusta-Richmond County Commission-
Council.
The Aug11sta-Richmond County Commission shall cause this
agreement to be executed by its Chief Executive Officer for the
purpose of acknowledging its approval of said lease agreement.
IN WITNESS WHEREOF, the parties hereto have caused their
respective duly authorized officers to execute these presents and
affix their seals hereto as of the day and year first above written
as the date of these presents.
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Signed, sealed and delivered
in Richmond County, Georgia
in the pr:se~
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Notary Public, Richmond
County, Georgia
BY:
My Commission Expires:
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Signed, sealed and delivered
in Richmond County, Georgia
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My Commi ss i.QI) Ex~4:.~ s,~,:,~~,'-,
'i;i::itiil'Y PublIC. ;"i~!',f',~f;'i~ -',"." ,./. '.<." .'"
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UNCjCFC ACQUISITION COMPANY
d/b/a GARRETT AVIA~. SERVICES
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As its (Vice) President
Attest:
(Assistant) Secretary
(Seal)
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