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HomeMy WebLinkAboutFORE AUGUSTA FOUNDATION INC LEASE AGREEMENT WIT N E SSE T H: STATE OF GEORGIA ) COUNTY OF RICHMOND ) LEASE AGREEMENT THIS LEASE, made this k day of ~ J , 2009, by and between AUGUST A- RICHMOND, GEORGIA, a political subdivisi~~ate of Georgia, as Lessor (hereinafter referred to as County") and FORE! AUGUSTA FOUNDATION, INC., a non-profit corporation organized and existing under the laws of the State of Georgia, as Lessee (hereinafter referred to as "FORE! Augusta"). WHEREAS, the County is the owner of the hereinafter described property located on Damascus Road in Richmond County, Georgia; and WHEREAS, FORE! Augusta desires to continue to lease said property for the purpose of operating and maintaining a golf facility for children and youth under such terms and conditions as are hereinafter set forth; and WHEREAS, the County desires FORE! Augusta to operate the facility and programs herein described and designed to meet the needs of children and youth for golf recreational opportunities. / NOW, THEREFORE, the parties hereto, for and in consideration of the premises and the mutual covenants herein contained, do hereby agree each for itself and its successors and assigns as follows: 1. PREMISES. The County does hereby lease unto FORE! Augusta and FORE! ,Augusta does hereby lease from the County the following described property (hereinafter called "Premises"), to wit: SEE EXHIBIT "A" ATTACHED HERETO 2. THE USE OF PREMISES. The Premises shall be used, for the operation of a golf facility, including at least four (4) holes, a driving range and a club house, and the operation of golf programs conducted by FORE! Augusta. All buildings, facilities and other improvements constructed or to be constructed upon the Premises by FORE! Augusta shall be and remain a part of said Premises and shall by surrendered to County by FORE! Augusta at the expiration or earlier termination of the term of this Lease Agreement. At the expiration or earlier termination of the term of this Lease Agreement, title to all the improvements located on the Premises or constructed thereon by or at the direction of FORE! Augusta shall vest in County free and clear of any liens or other encumbrances. 3. TERM. The term of this Lease shall be for a period often (10) years beginning on the date of this Lease Agreement. The parties wish to lease the Premises for a twenty (20) year term, with an option to FORE! Augusta to renew the Lease for two additional ten (10) year terms. Upon being advised that the County may not have the power to enter into such a long-term lease, this ten (10) year lease is being executed; however, in view of the very substantial investment by FORE! Augusta (both financial and volunteer services), the parties urge their successors to know of and be guided by their original intentions, although not being legally bound to do so. 4. RENTAL. FORE! Augusta agrees to pay the County an annual rental of One Dollar ($1.00) with the rental of Ten Dollars ($10.00) for the entire initial term hereof having been paid in advance, upon the execution and delivery of this Lease Agreement. The County hereby acknowledges the receipt of such rental payment. The County further acknowledges that the rental payment together with the value of the improvements constructed on the Premises by FORE! Augusta and the operation of the golf program conducted by FORE! Augusta for the citizens of the County are good and adequate consideration to the County and fully support the lease of the Premises to FORE! Augusta. 5. MAINTAINENCE AND CONSTRUCTION OF IMPROVEMENTS. FORE! Augusta shall maintain the Premises, at no expense to the County, by maintaining thereon not less than four (4) holes of golf, a driving range, and a club house for use in its golf program. All maintenance and construction, if any, shall be done in conformance with all applicable federal, state and local laws, ordinances, rules and regulations and pursuant to plans and specifications therefore which must be approved by the County prior to beginning the construction thereof, as evidenced by the Administrator's approval noted on the plans and specifications within thirty (30) days of submission of same to the Administrator for approval. Should no objection to such plans be made within such thirty (30) day period, the plans shall be deemed to have been approved. During the term of this Lease Agreement, FORE! Augusta shall maintain general public liability insurance covering death, injury or damage to person or property occurring on the Premises or related in any way to the use and operation of the Premises and the improvements now or hereafter located thereon with limits of not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate. Such insurance policy shall name the County as an additional insured, shall be written by an insurer duly licensed in the State of Georgia, and shall be of such form as is acceptable to County. A copy of the insurance policy and evidence of the payment of its premium shall be promptly furnished to the County and In the event that at the termination of the Lease Agreement there are any liens or encumbrances against the Premises or any improvements located thereon which have not been satisfied by FORE! Augusta, County shall have the option of satisfying the same in which event FORE! Augusta shall forthwith reimburse County for any and all costs and expenses, plus reasonable attorney's fees and legal costs incurred by the County in connection therewith. 6. ABANDONMENT OF USE. If during the term of this Lease Agreement any or all of the golf facilities or its structures and or grounds on the Premises, are destroyed or so . substantially damaged so as to make it unusable, and if FORE! Augusta, for a period of one (I) year after the date of such destruction or damage, fails to rebuild, repair and/or replace the golf facility, its structure and/or grounds, or substantially commence construction of the same, or should FORE! Augusta fail to maintain and _ use the Premises for the primary purposes of conducting golf lessons, clinics and related activities fo~ children and youth, or should FORE! Augusta utilize the Premises for any other purpose other than specified herein, then the County may, by giving written notice and a thirty (30) day right to cure such default to FORE! Augusta, terminated this Lease Agreement and take possession of the Premises. 7. IDEMNIFICATION AND INSURANCE. FORE! Augusta shall indemnify County against any claims, causes of action, expenses, losses or liabilities paid, suffered or incurred, including reasonable attorney fees and litigation expenses, by County in defense of any such claims and/or causes of action as the result of any breach of this Lease Agreement by FORE! Augusta, FORE! Augusta's agents, servants, employees, visitors or licensees of any covenantor condition of this lease, or as the result of FORE! Augusta's use or occupancy of the demised Premises, or the carelessness, negligence or improper conduct of FORE! Augusta, FORE! Augusta's visitors, agents, employees, patrons, or invitees. FORE! Augusta's liability under this lease also extends to the acts and omissions of any subtenant and any agent, servant, employee, patrol, or invitee of FORE! Augusta or any such subtenant. 11. RELATIONSHIP LANDLORDfTENANT. This Agreement and any renewals hereof shall create the relationship of landlord/tenant where the County shall be the landlord and FORE! Augusta shall be the tenant. No estate shall pass out of County; and FORE! Augusta shall have only the use of the Premises, which use is not subject to levy and sale and not assignable by FORE! Augusta, except with the County's prior written consent. No receiver, trustee or other judicial officer shall have any right, title or interest in and to the Premises, except with the prior written consent of the County. thereafter annually each anniversary date. Such policy shall require that the County be given thirty (30) days' written notice of its cancellation or lapse. 8. NO ASSIGNMENT OR SUBLETTING BY FORE! AUGUSTA. FORE! Augusta agrees to use the Premises herein described for the purpose herein stated, and for no other; and there shall be no assignment or sub-letting of the whole or any part thereof, except with the prior written consent of the County. 9. DEFAULT. In the event that FORE! Augusta should fail to observe any of FORE! Augusta's covenants and obligations as herein expressed or should FORE! Augusta abandon the Premises or cease to operate a golf program as herein provided in Paragraphs 2 and 5 hereof, then upon the happening of such. event, County shall give FORE! Augusta thirty (30) days' notice to comply with the provisions of this Lease Agreement, or if the conditions cannot be remedied within said thirty (30) day period, to commence the remedy within said thirty (30) day period and diligently pursue it to completion; and should FORE! Augusta fail to do so, County shall have the option to declare this Lease Agreement terminated and at once take possession of the Premises. The rights and options given to County under this Paragraph 9 shall not be construed to be in lieu of or restrictive of, any other rights which County may have under the law for the enforcement of this Lease Agreement. The failure of County to avail itself of any remedy which it may have hereunder shall at no time be construed to be a waiver of County's rights. 10. MAINTENANCE AND REPAIRS. During the term of this Lease, FORE! Augusta shall be responsible for maintenance and repair to the Premises and all improvements located thereon, FORE! Augusta shall keep the Premises neat, clean, free of trash and in good and well maintained condition with an attractive appearance. 14. TIME OF THE ESSENCE. Time is of the essence of this Lease Agreement. 12. UTILITIES. County shall not be under any obligation to supply the Premises with water, heat, gas, electricity, power or any other utilities. All utility services and the cost thereof shall be the responsibility of FORE! Augusta. 13. NO WAIVER OF DEFENSES. Nothing contained in this Lease Agreement shall be construed to be a waiver of and the County expressly reserves any and all defenses of sovereign immunity, official immunity and/or good faith immunity which may be applicable to County for claims of third parties related to this Lease Agreement, the Premises, the improvements now or hereafter located thereon, or the use of operation thereof. 15. GENERAL. (a) The various rights and remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right or remedy of such party, but shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing in law, in equity or by statute. No delay or omission of the right to excise any power by either party shall impair any such right or power, or shall be construed as a waiver or any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Lease Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed as a waiver or surrender of necessary consent to or approval of any subsequent similar act. (b) The invalidity or unenforceability of any provisions of this Lease Agreement shall not affect or impair any other provision herein. ( c) This Lease Agreement sets forth all of the provisions, agreements, conditions, covenants, terms and understandings between the parties relative to the demised Premises. There shall be no provisions, agreements, conditions, covenants, terms, understandings, representations or inducement, either oral or written, between the parties hereunder, unless reduced to writing and signed by all parties to this Lease Agreement. (d) That the terms and provisions of this Lease Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and aSSIgns. (e) This Lease Agreement shall be governed by and construed according to the laws of the State of Georgia. (t) Venue. All claims, disputes and other matters in question between all parties arising out of or relating to the Lease Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. All parties, by executing this Agreement, specifically consent to venue in Richmond County, Georgia and waive any right to contest venue in the Superior Court of Richmond County, Georgia. AUGUSTA-RICHMOND COUNTY, GEORGIA By (j2~;4. 0 Mayor r -" IN WITNESS WHEREOF, the said County and FORE! Augusta have caused same to be executed by their proper officials, respectively and affixed their seals in duplicate, as of the day and year first above written. LESSOR: Attest , . LESSEE: ./j'., I , . I REEL 66e PAGE 765 EXHIBIT "A" TO LEASE AGRE_EMENT. BETWEEN FORE AUGUSTA FOUNDATION, INC. AND AUGUSTA, GEORGIA ALL those tracts or parcels ofland situate, lying and being in Augusta-Richmond County, Georgia shown and designated as "Tract 'A'/17.31 ac.n and "Tract 'B'/23.30 ac.n on a compiled map for The First Tee, Augusta prepared by Cranston, Robertson & Whitehurst, P.C. dated March 12, 1999, a copy of which is attached hereto and made a part hereof and a copy of which is also recorded in the office ofthe Clerk of Superior Court of Richmond County, Georgia at Realty Reel 654, page 2001. Said compiled map is incorporated herein for a more complete description of the location, metes, bounds, courses and distances of said land. ,,- " REEL 66e PAGE - - 7'6t. .' gut., llilli !=h UElI D~II n~! il!~ "e~ 11!!~ ~!~ ~ii !iijl h~t ~il~ II ill fl ..~ ~~!~ :~~~ t'q~~ ~~e ~i>~ ~~i ~a~ i!~ ;;1 p ~ :/ ~~~~ ~u ~EE d~ 5 J U f~ -6 ~ !~ ~ ~ (") )> .1 "1 c:: .. III G) . ~ f ::s ~c::: E en ~ Vl ~ ~ ~ . ~ ~ ~ ~ 0 i ::s ~ ;0 , - n ::d ~':I:" . I 0 to> !l:: 0 cr .. &a~~~ n r m .. .. p "1 . .. o .. 0 is [ ~ ~ 0 0 0 .. n; ~ 3:: .. ... "ll ~ . - o. a jB ~f P:' ~ .. ". 0 ~. g .. tJj !: . ?Q i · ~ .. ... ~ :z "' ~ I: ~.. > i .. ~ m a ~ . 0 ; [ 2 : i r-; "Q en !~ ..G) 0 i~ 8 p R I (:Ht1Ot.m COUNT)" " GA SUPER ~ Is ~:~ .<: )> ~o > '0 "<I FILED; 16 MAR 1999 AT 03:36 o(i RICHr10HD COUHTY I GA SUPERIOR COURT FILED 13 AUG 1999 AT e4:34PM