HomeMy WebLinkAboutFore Augusta Foundation, Inc.
Augusta Richmond GA
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YEAR: C\C1.
BOX NUMBER: 00
FILE NUMBER: \l\l\l\3
NUMBER OF PAGES: \d
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March 30. P.~t:L ~t
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L/, 413,:
COUNTY OF RICHMOND)
LEASE AGREEMENT
THIS LEASE, made this Ji:;L day of ~
, 1999, by and between
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Lessor (hereinafter
referred to as "City") 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"),
\V I T N E SSE T H:
\VHEREAS, the City is the owner of the hereinafter described property located
on Damascus Road in Richmond County, Georgia; and
\VHEREAS, FOREI Augusta desires to lease said property for the purpose of
constructing, operating and maintaining a golf facility for children and youth under such terms
and conditions as are hereinafter set forth; and
WHEREAS, the City operates a municipal golf course for its citizens, the
programs at which are primarily designed for adults and the City desires FORE! Augusta to
construct the facility and to operate programs herein described designed to meet the needs of
children and youth for golf recreational opportunities,
NO\V, 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:
,i'
I ,
March 3D, 1999
STATE OF GEORGIA )
COUNTY OF RICHMOND )
LEASE AGREEMENT
THIS LEASE, made this Jk day of )y('ftIlCJf
, 1999, by and between
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as Lessor (hereinafter
referred to as "City") 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 I Augusta"),
WIT N E SSE T H:
WHEREAS, the City is the owner of the hereinafter described property located
on Damascus Road in Richmond County, Georgia; and
WHEREAS, FORE! Augusta desires to lease said property for the purpose of
constructing, operating and maintaining a golf facility for children and youth under such terms
and conditions as are hereinafter set forth; and
WHEREAS, the City operates a municipal golf course for its citizens, the
progra\, at which are primarily designed for adults and the City desires FOREI Augusta to
construct the facility and to operate programs herein described designed to meet the needs of
children ~nd 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:
March 30, 1999
1. PREMISES. The City does hereby lease unto FORE! Augusta and
FORE' Augusta does hereby lease from the City 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
constf11ction 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,
3, TERM, The term of this Lease shall be for a period of ten (10) years
"
beginning on the date of this Lease Agreement. If within a period of one (1) year from the date of
this Lease Agreement FORE! Augusta has not constructed, or substantially begun construction,
of a golf facility on the Premises as set forth in Paragraph 5 hereof, then the City may, by giving
written notice to FORE! Augusta, terminate this Lease Agreement and take possession of the
Premises.
The parties wish the Lease the Premises for a twenty (20)-year term, with an
option to FORE! Augusta to renew the lease for two additional ten (1 O)-year terms. Upon being
advised that the City 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.
4, RENTAL. FORE! Augusta agrees to pay the City an annual rental of One
2
March 3D, 1999
Dollar ($1,00) with the rental ofTen Dollars ($10.00) for the entire initial term hereof having
been paid in advance, upon the execution and delivery of this Lease Agreement. The City hereby
acknowledges the receipt of such rental payment. The City further acknowledges that the rental
payment together with the value of the improvements to be constructed on the Premises by
FORE! Augusta and the operation of the golf program conducted by FORE! Augusta for the
citizens of the City are good and adequate consideration to the City and fully support the lease of
the Premises to FORE I Augusta,
5, CONSTRUCTION OF IMPROVEMENTS, FORE! Augusta shall
improve the Premises, at no expense to the City, by constructing thereon not less than four (4)
holes of golf, a driving range, and a clubhouse for use in. its golf program, All construction shall
be done in conformance with all applicable laws, ordinances, rules and regulations and pursuant to
plans and specifications therefor which must be approved by the City 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 him 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.
All buildings, facilities and other improvements to be constructed upon the
Premises by FORE! Augusta shall be and remain a part of said Premises and shall by surrendered
to City 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 constructed thereon by FOREI Augusta shall vest in
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March 30. 1999
City free and clear of any liens or other encumbrances,
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 FOREI Augusta, City shall have the option of satistying the same in which event
FORE! Augusta shall reimburse City for any and all costs and expenses, including reasonable
attorney's fees, incurred by the City in connection therewith,
6, ABANDONMENT OF USE. If after construction of the golf facility on
the Premises, it is destroyed or so substantially damaged as to make it unusable, and if FORE!
Augusta does not for a period of one (1) year after the date of such destruction or damage
rebuild, repair or replace the golf facility (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 for children and youth, or should FORE!
Augusta utilize the Premises for any other purpose other than specified herein, then the City, may,
by giving written notice and a thirty (30)-day right to cure such default to FORE! Augusta,
terminate this Lease Agreement and take possession of the Premises,
7, INDEMNIFICATION AND INSURANCE. Tenant shall indemnity
Landlord against any claims, causes of action, expenses, losses or liabilities paid, suffered or
incurred including reasonable attorney's fees and litigation expenses incurred by Landlord in
defense of any such claims and/or causes of action as the result of any breach by Tenant, Tenant's
agents, servants, employees, visitors or licensees of any covenant or condition of this lease, or as
the result of Tenant's use or occupancy of the demised Premises, or the carelessness, negligence
4
March 30. 1999
or improper conduct of Tenant, Tenant's visitors, agents, employees, patrons, or invitees,
Tenant's liability under this lease also extends to the acts and omissions of any subtenant, and any
agent, servant, employee, patrol, or invitee of Tenant or any such subtenant.
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 City 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 City, A copy of the insurance policy and
evidence of the payment of the premium therefor shall be promptly furnished to the City, Such
policy shall require that the City be given thirty (30) days' written notice of its cancellation.
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 City.
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, City shall give FORE! Augusta thirty (30) days'
notice to comply with the provisions of this Lease Agreement, or if the conditions cannot be
5
March 30, 1999
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 FOREI Augusta fail to do so, City shall
have the option to declare this Lease Agreement terminated and at once take possession of the
Premises,
The rights and options given to City under this Paragraph 9 shall not be construed
to be in lieu of, nor restrictive of, any other rights which City may have under the law for the
enforcement of this Lease Agreement.
The failure of City to avail itself of any remedy which it may have hereunder shall
at no time be construed to be a waiver of City's rights,
] O. 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.
11, RELA TIONSHIP LANDLORD TENANT. This Agreement and any
renewals hereof shall create the relationship of landlord tenant where the City shall be the landlord
and FORE! Augusta shall be the tenant. No estate shall pass out of City, and FORE! Augusta has
only the use of the Premises, which use is not subject to levy and sale and not assignable by
FORE! Augusta, except with the City's consent. No receiver, trustee or other judicial officer shall
have any right, title or interest in and to the Premises, except with the consent of the City,
12, UTILITIES, City 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
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March 30, 1999
thereof shall be the responsibility of FORE I Augusta,
13, NO WAIVER OF DEFENSES, Nothing contained in his Lease
Agreement shall be construed to be a waiver of and the City expressly reserves any and all
defenses of sovereign immunity, official immunity or good faith immunity which may be applicable
to City for claims of third parties related to this Lease Agreement, the Premises, the
improvements now or hereafter located thereon, or the use or operation thereof
14, TIME OF THE ESSENCE. Time is of the essence of this Lease
Agreement,
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 exercise 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 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 to waiver or render
unnecessary consent to or approval of any subsequent similar act.
(b) The invalidity or unenforceability of any provision of this Lease shall not affect
or impair any other provision,
( c) This Lease sets forth all of the provisions, agreements, conditions, covenants,
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March 30. 1999
terms and understandings between the parties relative to the demised Premises, There shall be no
provision, 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,
(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,
(f) Venue, All claims, disputes and other matters in question between all parties
arising out of or relating to the 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 and waive any right to contest venue in the Superior Court of.
Richmond County, Georgia.
[END OF PAGE]
8
March 3D. 1999
IN WITNESS WHEREOF, the said Lessor and Lessee have caused same to be
executed by the proper officials and affixed their seals in duplicate, as of the day and year first above
written,
AU
fBY
cJJI> Attest
"
[SEAL]
LESSEE:
FOREI ~ FOUNDATION, INC
BY~at/~~
Title ~ .;';( d ~??7'l
Attest (~
[SEAL]
9
EXHIBIT "A"
TO LEASE AGREEMENT BETWEEN
FORE AUGUSTA FOUNDATION, INC.
AND AUGUST A, GEORGIA
ALL those tracts or parcels of land situate, lying and being in Augusta-Richmond
County, Georgia shown and designated as "Tract 'A'/17.31 ac." and "Tract 'B' /23.30 ac." 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 of the 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.
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