HomeMy WebLinkAboutCharles Thompson for Thompson Farms
Augusta Richmond GA
DOCUMENT NAME Che<r ks IA()Yh ~n ~y
7h 0 Yv1 r:>son fb..r/Yl 5
DOCUMENT TYPE: (lgieeJnc/\ +-
YEAR: I q OJ (.f)
BOX NUMBER:
I
FILE NUMBER:
I fJ-8u3
NUMBER OF PAGES:
/I!
STATE OF GEORGIA
LEASE AGREEMENT
RI CffiIIOND COUNTY
Th~ Lease Agr~ made and entered into on this
~- day of , 1996, by and between the
Commission-Council of Augusta-Richmond County, Georgia,
the
hereinafter referred to as "Landlord" and Charles Thompson, of
the State of Georgia, County of Richmond, hereinafter referred to
I)
as "Tenant",
WITNESSETH:
The landlord, for and in consideration of the premises and
of the rents agreed to be paid by Tenant as hereinafter set forth
and in further consideration of the stipulations, provisions,
covenants, agreements, terms and conditions herein stated unto
Tenant for a term of three (3) years commencing on the 1st day of
June, 1996, and ending at 12:00 midnight on the 31st day of May,
1999~ those certain premises, hereinafter referred to as "Leased
Premises", being situated in Richmond County, Georgia, and being
a portion of what is commonly referred to as "Big Farm", said
Leased Premises containing 235 acres, more or less, of
cultivatable farm land, together with the right of ingress and
egress thereto, and being the shaded parcels shown upon a plan of
the Big Farm property prepared by ZEL Engineers, Inc. a copy of
which is attached hereto as "Exhibit A" and by reference
incorporated herein for a more particular description of the
Leased Premises.
..
Tenant does hereby this day rent, take and hire from
Landlord, upon the said stipulations, provisions, covenants,
agreements, terms and conditions herein stated for the above-
described term, those certain leased premises, more fully
described above, together with the rights of ingress and egress
granted above.
l.
The tract of land known as "Big Farm" contains 926 acres.
The landlord reserves the right to utilize the remainder of the
Big Farm not covered by this Lease (i.e., the portion not shaded
on the attached plat) for any purpose. The Landlord also
reserves the right of ingress and egress across the leased
premises.
2.
Tenant shall pay to Landlord as rental payments during the
term of this Lease the sum of $3,525 per year. Said rental shall
be paid in two (2) equal semi-annual installments of $1,762.50 to
be paid on or before July 1 and December 1 of each year during
the term of this lease. Said rental payments are to be delivered
by Tenant to the Landlord, c/o Collector of Revenues, Augusta-
Richmond County Municipal Building, Augusta, Georgia, or at such
other address as may be designated by the Landlord. The Landlord
and the Tenant hereby acknowledge and agree that there exist
approximately 160 cultivatable acres within the leased premises
and that the above rental payments were calculated at the rate of
Fifteen Dollars ($15.00) per year per cultivatable acre during
the term of this Lease.
3 .
Tenant shall use the leased premises for the cultivation of
row crops in accordance with good land management practices and
for any other lawful purpose, and no alteration, severance of
timber, improvements, erections or additions thereto shall be
made unless written consent of the Landlord is first obtained.
No othE!r right, title or interest in said leased premised is
acquirE!d by Tenant except as specifically stated above.
4.
The Landlord and the Tenant hereby acknowledge that time is
of the essence of this Lease Agreement.
5 .
All notices, statements, demands, requests, consents,
approvals, or authorizations given by either party to the other
shall be in writing and sent by United States Mail postage
prepaid and address as follows:
-To Landlord, the same shall be sent to:
The Commission-Council of Augusta-Richmond County
c/o Clerk of Commission Council
Augusta-Richmond County Municipal Building
Augusta, Georgia 30911
To Tenant, the same shall be sent to:
Charles A. Thompson
Thompson Farms
3418 Heather Drive
Augusta, Georgia 30909
However, the parties may from time to time designate in writing
an alternate address.
6.
The use of the words "Landlord", "Tenant", or "party" shall
be construed to include the singular or plural, male or female,
corporation, partnership, association, or individual and the
necessary grammatical changes required to make the provisions
hereto apply shall in all cases be assumed as though in each case
fully expressed.
7.
Landlord may card the lease premises "For Rent", "For
Lease", or "For Sale" before the expiration or termination of
this Lease Agreement. Landlord may enter the leased premises at
reasonable hours to exhibit the same to prospective purchasers,
lessees or tenants. Tenant covenants that any "For Rent", "For
Lease", or "For Sale" signs placed by Landlord upon the leased
premises shall be allowed to remain without molestation, defacing
alteration or removal.
8 .
Should Tenant at any time be in default in the payment of rent
and fail to remedy such default within seven (7) days after
notice thereof from Landlord; or should Tenant at any time be in
default in the performance of any of the stipulations, covenants,
terms, conditions, agreements, or provisions of this Lease
Agreement and fail to remedy such default within ten (10) days
after notice thereof from Landlord; or if Tenant is adjudicated a
bankrupt; or if a permanent receiver is appointed for Tenant's
property, including Tenant's interest in the lease premises, and
such receiver is not removed within sixty (60) days after notice
from Landlord to Tenant to obtain such removal; or if, whether
voluntarily or involuntarily, Tenant takes advantage of any
debtor relief proceedings under any present or future law,
whereby the rent or any part thereof is, or is proposed to be,
reduced or payment thereof deferred; or if Tenant makes an
assignment for benefit of creditors; or if the leased premises or
TEnant's effects or interest therein should be levied upon or
attached under process against Tenant, and not satisfied or
dissolved within thirty (30) days after written notice from
Landlord to Tenant to obtain satisfaction thereof; then, if any
of the above said events, Landlord at its option, may at once, or
within six (6) months thereafter (but only during continuance of
such default or condition) terminate this Lease Agreement by
notice to Tenant without normal demand being necessary, whereupon
this Lease Agreement shall end. None of the foregoing time
periods shall be deemed to extend the term of the Lease
Agreement. After an authorized assignment or subletting, the
occurring of any of the foregoing events shall affect this Lease
Agreement also if caused by or happening to the assignee of
subtenants. Upon such termination by Landlord, Tenant will at
once surrender possession of the premises to Landlord and remove
all of Tenant's effects therefrom, and Landlord may forthwith re-
enter the premises and repossess itself thereof and remove all
persons and effects therefrom using such force as may be
necessary and without being guilty of trespass, forcible entry,
detainer, or other tort.
9.
At the expiration or termination of the Lease Agreement,
Tenant shall not use or remain in possession of the leased
premises and shall surrender the leased premises to Landlord in
good condition, natural wear and tear only excepted. Any holding
over or continued use and/or occupancy of the leased premises by
Tenant after the expiration or termination of this Lease
Agreement without the written consent of the Landlord shall
create a tenancy at sufferance. In the event Tenant shall become
Tenant at sufferance, Tenant shall remain subject to and bound by
all the stipulations, provisions, covenants, agreements, terms
and conditions of the Lease Agreement including the obligation of
Tenant to pay to Landlord rent at the rate stipulated herein.
Any other provisions of this Lease Agreement notwithstanding,
there shall be no renewal whatsoever of the Lease Agreement by
operation of law.
10.
Tenant shall permit Landlord, its agents or employees, to
enter into and upon the leased premises at all reasonable times
for the purpose of inspecting the premises to determine if Tenant
is complying with all his obligations hereunder.
11.
With the prior written consent of Landlord first having been
had and obtained, Tenant may make, at his own cost and expense,
such other improvements, erections, additions and alterations as
are necessary to adapt the premises for Tenant's use. All
temporary improvements, erections and additions installed in or
placed upon the leased premises by Tenant shall continue and
remain the property of Tenant, and may be removed by Tenant, in
whole or in part, at any time before the expiration or
termination of this Lease Agreement. If Tenant removes any or
all of the temporary improvements, erections and additions he has
installed in or placed upon the leased premises, Tenant agrees to
repair any and all damage directly resulting to the leased
premises from such removal.
12.
Tenant shall and will use and occupy the leased premises,
and shall not vacate or abandon the leased premises at any time
during the term of the Lease Agreement. If Tenant does abandon,
vacate or surrender the leased premises, or is dispossessed by
process of law, or otherwise, any personal property or trade
fixtures belonging to Tenant and left on the leased premises
shall be deemed to be abandoned, and at the option of the
LandYord, and shall become the property of Landlord.
13.
Tenant shall not commit, or suffer to be committed, any
waste upon the leased premises nor shall Tenant create or permit
any nuisance or illegal acts upon the leased premises. Tenant
shall do no act or thing which may disturb the enjoyment of any
other Tenants which Landlord may have in a structure or place
located within the leased premises. Tenant shall maintain gates
across all roads providing access to the leased premises and keep
the same locked at all times (except when being entered by Tenant
or his sub-tenants or employees in connection with the farming
operation or by Landlord) so as to prevent any trespass or
unlawful entry upon the leased premises.
Tenant acknowledges that he has fully inspected the leased
premises and that the lease premises are in satisfactory
condition for the use intended. Tenant further acknowledges that
no representation or warranty as to the condition of the leased
premises has been made to him by Landlord, its agents or
employees, or by any other person. Landlord makes no warranty
whatsoever as to the present condition of the lease premises.
Except as required by Article II, all repairs necessary to make
the leased premises safe or suitable for use by Tenant shall be
made by Tenant at Tenant's own expense.
14.
Tenant shall not assign this Lease Agreement, nor any
interest therein, and shall not sublet the leased premises nor
any part thereof to any party or parties other than Fred Chavous
and/or Richard Williams without the written consent of Landlord
first having been obtained. The Landlord agrees to not
unreasonable withhold such consent, however, no such assignment
or sub-lease shall relieve Tenant of his obligations to Landlord
hereunder. Tenant's assignee or sub-tenant shall not use the
leased premises for any other purpose than that stated
hereinabove. The Landlord hereby retains the right to assign
this lease agreement.
15.
Tenant hereby agrees to pay in full, as they shall become
due, all utility bills, water bills, and license fees, if any,
resulting from the use of the subject property by the Tenant. If
Tenant does not, after reasonable notice having been given, pay
any of the above-stated items, Landlord may pay the same and such
payments shall be added to the month's rent next thereafter to
become due, and shall become a part of said rent.
16.
If the leased premises ar totally destroyed or rendered
untenantable by storm, fire, earthquake, or other casualty, this
Lease Agreement shall terminate at the option of either party.
17.
Landlord, as Tenant's agent and without terminating this
Lease Agreement, and without having to make any formal demand for
rent upon the leased premises or otherwise, upon Tenant's
breaching this Lease Agreement, may at Landlord's option enter
upon and rent the premises at the best price obtainable by
reasonable efforts, without advertisement and by private
negotiations. Tenant shall be liable to Landlord for the
deficiency, if any, between Tenant's rent hereunder and the price
obtained by Landlord on re-renting.
18.
In the event all or any portion of the leased premises shall
be condemned by public authority other than Landlord under the
power of eminent domain or if settlement for such taking or
damaging shall be made by the parties herein in order to avoid
such condemnation, Tenant's obligation to continue the payment of
the prescribed rental shall not cease; however, both Landlord and
Tenant shall have the right and duty independently to seek,
recover, or settle their own claims against such condemning
public authority for damages caused to each party be any such
condemnation.
19.
All rights, powers and privileges conferred in this Lease
Agreement upon the parties hereto shall be cumulative of and in
addition to those given by law.
20.
Tenant agrees that all personal property placed by Tenant
upon the leased premises shall be at the risk of Tenant only and
that Landlord shall not be liable for any damage thereto or theft
thereof.
21.
Should any provision or portion of any provision of this
Lease Agreement be held invalid, the remainder of this Lease
Agreement or the remainder of such provisions shall not be
affected thereby.
22.
The waiver by Landlord, or by Tenant, of any breach of any
stipulation, provision, term, covenant, agreement or condition
herein contained shall not be deemed to be a waiver of such
stipulation, provision, term, covenant, agreement or condition on
any subsequent breach of the same or any other stipulation,
provision, term, covenant, agreement or condition herein
contained.
23.
At all times, Tenant shall confirm to, obey and comply with
all present and future laws and ordinances, and all lawful
requirements, rules and regulations of all legally constituted
authorities, existing at the commencement of this Lease Agreement
or which may hereafter exist which in any way affect the use of
the leased premises, or any repair, improvements, renovation, or
construction being done on or to the lease premises.
24.
It is mutually covenanted, understood, and agreed by and
between the parties hereto, that as between the parties hereto
and their rights accruing hereunder, this Lease Agreement shall
be governed, construed, performed and enforced in accordance with
the laws of the State of Georgia.
25.
Tenant hereby acknowledges that in executing this Lease
Agreement he is not relying on any representation, inducement, or
warranty expressed or implied, of Landlord, other than those
contalned herein.
26.
Each of the stipulations, provisions, covenants, agreements,
terms and conditions contained in this Lease Agreement shall
apply, extend to, be binding upon and inure to the benefit of
detriment of not only the parties hereto, but also to each and
everyone of the heirs, legal representatives, devisees,
legatees, next-of-kin, successors and assigns of the respective
parties hereto. Whenever a reference to the parties hereto is
made, such reference shall be deemed to include the heirs, legal
representatives, devisees, legatees, next-of-kin, successors and
assigned of said party, the same as if in each case expressed.
27.
During the term of this Lease, or any renewal thereof, the
Landlord shall not use or lease the remaining property contained
in the "Big Farm" property for any uses or purposes as would
unreasonably interfere with and restrict the farming operations
of Tenant except as permitted in this agreement.
28.
The Landlord or the Tenant shall have the right to cancel
this lease at any time by giving sixty (60) days written notice.
29.
This Lease Agreement constitutes the full, complete and
entire agreement between and among the parties hereto; no agent,
officer or representative of Landlord has authority to modify the
same without written approval of Landlord.
30.
Tenant agrees hereby to indemnify, save and hold the
Landlord harmless from and against any and all claims or legal
actions arising out of or in any way connected with the use by
Tenant or any of his subtenants, licensees or invitees of the
herein leased premises. Tenant specifically agrees to obtain and
maintain general liability insurance in an amount not less than
Five Hundred Thousand Dollars ($500,000.00) per person and One
Million Dollars ($1,000,000.00) per accident, which insurance
shall cover any such accidents or incidents which may occur on
the leased premises and Tenant further agrees to have the
'\
Landlord named as an additional insured with regard to any and
all policies of insurance so obtained.
In Witness Whereof, both Landlord and Tenant have hereunto
executed, signed, and delivered this Lease Agreement on the day
and year above written as the date of these presents.
Signed, S~led and~' ered
on the ~~day of ,
1996 in Richond Co ty,
Georgia, in the presence of:
LANDLORD:
My commission Expires:
9~/9-(j f
Signed, Sealed and Delivered
on the ___ day of
1996 in Richond County,
Georgia, in the presence of:
TENANT:
Charles Thompson for
Thompson Farms
Notary Public, Richmond
County', Georgia
My commission Expires:
~
i
I
~ ...~r-"';'-~-' C--=
..~o~'- ~
~~f..L \.
.......... I \
~.,~. \
,.,....
..,J.<cJJlo
~...<.........<. It
"".
,."p
f
;
;
;'
t.;~ \
- \
t:i \
Vj - \
e l: '
~ t
- !!' \
c;: - \
f'~\ If! riili. ~; j~~\; r
'\, ' IJ / j \r I
\~ (// '---
~, I ~/
~\ \ ! f
~ \ ,I \
\~\ ~~)
"'"' "J / -
..... '\ C'
\\
\\
~ \
,-",'
~
:L
.....
L'
~
-
0
v,
E:'
\.,
<r.
O.
~
j!
I
,7
I
I
0
]
II
~
l0d Gl.~ '[ 86l. ~l.
58l.S!7Gl.90l.
t--~
<t.
'}
f
i
f
I
I
h
~NI9N3 I3Z Gf:60 95. /..1 IIlf ,'"
'.1:'"
\
\
\
\
\
.>/
,7""
;/
J'
J
<
1"/
I.D
...
"-
"
\
I
\
,\
\: ~
., ,\
1, ,
;' \
I
,I