HomeMy WebLinkAboutGreater Augusta Arts Council
Augusta Richmond GA
DOCUMENT NAME: G.eo..-I-c:< O-U~OS+-O- O-r\-s LWAC\ \
DOCUMENT TYPE: O-g'ee..~<\-
YEAR:
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BOX NUMBER:
FILE NUMBER: } ~ lp g ~
NUMBER OF PAGES:
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STATE OF GEORGIA
COUNTY OF RICHMOND
SUBLEASE FOR COMMERCIAL
CONCESSION AGREEMENT
(DACW21-1-95-1237)
This Sublease is made and entered into this ~/
day of May,
1996, by 2nd between Richmond County, Georgia (hereinafter
IISublessorll) whose a.ddress is 530 Greene Street Augusta GA 30911
and The Greater Augusta Arts C0uncil (hereinafter IISublesseell),
whose address is P. O. Box 1776, Augusta, Georgia 30903.
WITNESSETH:
Whereas, Sublessor operates New Savannah Bluff Lock & Dam under
lease No. DACW21-1-95-1237 between Richmond County, Georgia and
U. S. Army Corps of ~ngineers dated May 16, 1995, and whereas
Sublessee has requested the use of said area as defined on
Exhibit II All beginning 8:00 a.m., June I, 1996 and ending 12:00
m~dnight, June 2, 1996, an9/whereas the Sublessor is desirous of
allowing use of a portion of said lease area under the terms of
this Sublease.
NOW THEREFORE, the Sublessor and the Sublessee, in consideration
of the 'mutual promises and benefits flowing to the parties hereto
as hereinafter stated agree as follows:
A. OBLIGATIONS OF SUBLESSEE
(1) No portion of any buildings, facilities or ground on
the premises may be leased or let out for rent by the Sublessee.
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(2) Sublessee shall secure and maintain in full force at
all times during this agreement liability of not less than
$1,000,000 per person for personal injuries and $1,000,000
property damages evidenced by a fully executed certificate of
insurance to be delivered to the Sublessor no later than thirty
(30) days after the effective date of this agreement.
(3) Sublessee shall not allow any intoxicated person to
enter or remain on the premises under his control.
(4) If the Sublessee is a non profit Concessionaire as
defined in Section 50-20-2 of the "O.C.G.A.", then the Sublessee
agrees to comply with the provisions of said Act and in
particular the requirements of Section 3 thereof, and with such
further instructions and requirements as the State of Georgia may
subsequently require in the implementation of said Act.
(5) Sublessee shall indemnify and save the Sublessor
harmless from any and all claims, actions, demands, costs, or
charges of which the Sublessor may have to pay by reason of any
injury to any person or property or loss of life or property
resulting from or in any way connected with the condition or use
of any of the Sublessee's equipment furnished or activities
performed under this agreement, unless such injury or loss arises
. solely from the negligence of the agents or employees of the
Sublessor. Further Sublessee at its own expense, assume the
defense of any such injuries or losses which may be brought
against the Sublessee by thirdpersonsj and shall pay any
judgments that may be rendered in such actions. The United
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States of America and/or Richmond County, Georgia shall not be
responsible for damages to property or injuries to persons which
may arise from or to be incident to the exercise of the
privileges herein granted, or for damages to the property or
injuries to the person of the Sublessee's officers, agents,
servants, or employees or others who may be on the premises at
their invitation or the invitation of anyone of them, arising
from or incident to any governmental activities on the premises,
and the Sublessee shall hold the United States of America and
Richmond County, Georgia harmless from any and all such claims.
(6) Sublessee shall at all times operate the concession in
full compliance with all applicable Federal and State laws, rules
and regulations.
(7) Sublessee understands and agrees that this sublease
does not constitute a lease of real property and does not grant
any vested interest in the property but merely grants a usufruct
thereon and is entered into for the purpose of granting to the
Sublessee the right to use said property for the purposes stated.
(8) Sublessee shall keep the concession area and the
adjoining grounds immediately adjacent thereto clean, sanitary
and in a safe condition in good repair and shall at all times
maintain equipment in a condition satisfactory to the Sublessor
during the term of this agreement.
(9) Sublessee accepts the premises and all facilities in
good order and repair and agrees to return them to the Sublessor
in the same condition.
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(10) Sublessee shall pay all taxes which may be lawfully
imposed upon its personal or business operations by the State or
its political subdivisions and shall secure any or all permits
and licenses which may be required by the U. S. Army Corps of
Engineers or the political subdivisions thereof, and fees levied
for the laying or performing of music under copy right to any
licensing agency or organization.
(11) Sublessee shall submit in writing to the Sublessor for
his approval a written listing of all admission, parking or other
fees to be charged prior to this agreement becoming effective.
Rates and prices charged by the Sublessee for admission, parking
or other services furnished or sold to the public shall be
reasonable and comparable to those charged for similar goods and
services provided by others in the community. The Sublessee 1S
required to submit through the Sublessor to the District Engineer
for approval proposed rates and prices.
(12) Sublessee shall be responsible for the provision of
ice, portable toilets, garbage collections, sound, lighting or
electrical systems, stage chairs, parking attendants, security
personnel, ticket takers and any other supplies, materials, and
service personnel necessary for this event.
(13) Sublessee shall contain and limit parking, stages,
~eating or other use ,of the premises to facilities and areas
designated and approved by the Park Superintendent in advance of
the event, and shall coordinate all activities with the Park
Superintendent.
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(14) The Sublessee or its authorized representatives shall
remain on the premises until the event is over.
If a performer
does not appear or perform as advertised, the Sublessee shall
explain to ticket holders why there was no performance and will
make refunds if requested.
(15) Sublessee shall not alter the contour of the premises
or cut or allow to be cut any trees on Federally owned lands
managed by the U. S. Army Corps of Engineers or land leased to
Richmond County, Georgia.
(16) Sublessee or its authorized agents are authorized
access to the premises seventy-two hours prior to and forty-eight
hours following the event for setup and removal of equipment or
any temporary fixtures.
In the event of failure to remove its
property or restore the area, then at the option of the
Sublessor, said property shall either become the property of the
Sublessor without compensation or the Sublessor may cause it to
be removed and restore the premises at the expense of the
Sublessee and there shall be no claim for damages against the
Sublessor, officers or agents.
(17) Sublessee 1S required to have no less than two security
personnel on duty June 1, 1996, and three security personnel on
duty June 2, 1996, at all times so long as any persons on the
property occupy the premises. The Sublessor reserves the right
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to assign uniformed law enforcement officers of the Sublessor to
the event.
(18) The Sublessee is authorized to exercise such control
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over the subleased area as may be reasonable and necessary in the
interest of public safety and security of property; however, no
attempt shall be made by the Sublessee to charge additional
entrance fees to the public for the use of the boat ramp and
fishing areas.
(19) The area covered by this sublease is a portion of land
covered by the prime Lease No. DACW21-1-95-1237 between the
Secretary of the Army and Richmond County, Georgia and this
sublease is subject to the terms and conditions of said prime
lease, as amended, a copy of which is attached hereto and made a
part of this sublease. Sublessee acknowledges that this sublease
will not be effective unless and until it is approved by the
Secretary of the Army, as provided in said prime lease.
(20) The Sublessee shall conform to such regulations as the
Secretary of the Army may issue to govern the public use of the
New Savannah Bluff Lock & Dam, and comply with the provisions of
Section 4 of the Act of congress approved December 22, 1944, as
amended (167 U.S.C. 460(d)). The Sublessee shall administer the
sublease in accordance with the provisions of Title 36, Code of
Federal Regulations, Chapter 3, Part 327 attached hereto as
. Exhibit liB II .
B. OBLIGATIONS OF SUBLESSOR
1. The Sublessor shall permit the Sublessee to operate its
Cookoff Competition beginning at 8:00 a.m., June 1, 1996 and
ending at 12:00 midnight, June 2, 1996.
C. MUTUAL AGREEMENTS
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1. During the term of this agreement if either of the
parties is not in compliance with any of the provisions of this
agreement and has failed to correct the noncompliance within six
hours after receiving written notice thereof, the other party may
terminate this agreement by giving written notice to the party
not in compliance. Termination for non-compliance will not
preclude the enforcement of any rights under this agreement.
2. This agreement shall begin upon signature by Sublessor
and unless terminated earlier pursuant to the provisions of
paragraph 1 above shall terminate at 12:00 midnight June 2, 1996,
provided, however, that should the County cease to operate the
above named Park for any reason during the term hereof, this
agreement and all the County's obligations thereunder shall
terminate.
3. It is agreed that neither the Sublessee nor anyone
acting for it shall at any time impose any obligation, debt or
burden of any kind or nature in the name of or charged Richmond
County, Georgia or any DEPARTMENT or DIVISION thereof.
4. It is agreed that for the purpose of this agreement
Sublessee shall be deemed to be an independent contractor and
shall be responsible for the payment of all employees' salaries,
and for all other expenses incurred in connection with the
conduct of its concession business.
5. The Sublessee shall not discriminate against any
person(s) because of race, creed, color, sex, age, national
origin, handicap, or religion in the conduct of its operation
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hereunder. The Sublessee by signing this sublease states that
they will comply with Title VI of the Civil Rights Act of 1964
(42 U.S.C. 200(d)) and all requirements imposed by or pursuant to
Department of Defense Director 5500.11, May 27, 1991, as amended
(32 C.F.R. pt. 300).
6. It is agreed that Sublessee shall not, without prior
written consent of Richmond County, Georgia erect or build any
facilities, or post any signs of any type on the park's
facilities or property or permit any signs to be posted.
7. It is agreed that the Sublessee shall not, without the
prior written consent of both Sublessor and the District Engineer
sublet the sublease or any part thereof or assign this agreement
or proceeds of this agreement.
8. The agreement and all rights, privileges and
responsibilities shall be interpreted and constructed according
to applicable Federal Laws, Rules and Regulations and applicable
laws of the State of Georgia.
9. Sublessee covenants that it presently has no interest
and shall not acquire any manner or degree of interest with the
.performance required under this agreement. The Sublessee further
covenants that in the performance of this agreement, no person
having any such interest shall be employed or contracted with.
10. The parties hereto certify that the law containing the
Act prohibiting full-time appointive officials and employees of
the State from engaging in certain transactions affecting the
State, as defined in Sections 45-10-20 through 45-10-26 of the
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1I0.C.G.A.1I has not and will not be violated in any respect in
regard to this agreement.
11. The failure of the Sublessor at any time to require
performance by the Sublessee of any provision hereof, shall in no
way effect the right of Sublessee of any provision hereof, shall
in no way affect the right of Sublessee thereafter to enforce
that same provision or any part of the contract, nor shall the
failure of the Sublessor to enforce any breach of any provision
hereof be taken or held to be waiver of such provision, or as a
waiver, modification or rescission of the contract itself.
12. The contract represents the sole and complete
understanding of the terms of this agreement between the parties
hereto and may be amended, changed or modified only by a written
document signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement:
Sworn to and subscribed before
me this day of May, 1996.
GREATER AUGUSTA ARTS COUNCIL,
INC.
By:
As its
Witness
II SUBLESSEE II
Notary Public, State of GA
My Commission Expires:
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IN WITNESS WHEREOF, this s;tlease is executed for and on
behalf of the Sublessor, this day of May, 1996.
Sworn to ~np subscribed before
me this ~ day of May, 1996.
By'
IISUBLESS
N J a.:ryPl." ic, State r,ef GA
. "My.<commission Expires'Mtey1pU~IC. !"I~hmonj County. Georgia
" '. " elYl...b~.".. E'xp:res Jun. 4 2000
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IN WITNESS WHEREOF, the sublease is hereby approved by the
United States executed for and on behalf of the Army Corps of
Engineers, on behalf of the United States of America, this
day of
, 1996.
Sworn to and subscribed before
me this day of May, 1996.
UNITED STATES ARMY CORPS
OF ENGINEERS (SEAL)
By:
Witness
As its
TITLE:
Notary Public, State of GA
My Commission Expires:
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~SSur~lCE CF, CCMPLIANCE W:!:TH THE r;EF.~RTI1ENT OF :EfEllSE ~:REC,!,:~lE
UNDER TIT:'E '/! CF 'I'HE CIVIL ~IGHTS AC'! SF 1.96 <1
AH!l SECTION 504 OF :':-IE ?EHABILITA~ION l>.C'7 OF :. 973 (~.S .;.MENDED)
The Greater ^u~~st~ ~r~s co~n~~l ~er~i~~:~er ~~lled
(N~~e of Appl~canc-~ec~pien~)
J..ppl.:..-=antprtQcipien1:., HE~E3"1 ~.G~EKS '!'HAT it will::::rnp ly '...ri t~ ~.:. ":.1..~, -
of the ci~il Rights ~C~ of 1964 (42 ~.s.c. 2GOOd}, ~he ~;e
!)iscrimi:lat::.~n f..c-:. of :'375 (42 U.S.C. 6~Ol), 2.n:i":~e:cp2..r':.;:"::;.-': ::':
i;efense .:Ji::~ctive 5500.:'~ (32 c.P.?./ 300), i.ss'.leci Ftlrst.:.a.n~ -:c.: :::-..:i.-;:
title, to the end that, ~~ accordance with Title VI of ~hat ~C~ a~~
the Direct:' ":e, no F:r9on in the Uni ted States shall, on the gro"J..."'lc.
of 2:Q.CO,' 0010:-, ~reed, E:e~, 3.ga, reli;ion or :13,t:.::mal cri;i:-., ~e
exCluded fr=m p;.rtici;ati~n in, be denied t::,e ~e!)ef.:. ':5 of, :l::." '::e
other'Nise subject~d to c..:.scri;ni~::!.tion '.lnc.er~n7 program cr :tct:.,i',i -:j'
for wh.:.:::h the i\.~?l:.~a..""1":.-!:l.E:cipi~n-t !:'ec~.i.'.:~3 Fcd~r:.l =:..:-.a:'..c':':.l
assistance fro:n the s~crst:a.r:l ?f ::he Army, her~ina.f-:e!' ca.ll~d -:':16-
Grantor and 3EREEY (;!'lES .~SStrn.]O.NC~ THAT it '.-1ill .:..m.Tf.ed:.a.~sly -:ake an"j
~e~su~~~ n~cessary co e!~ec~~~te this ~gr~e~ent.
I:f the real prcper-:."l 0:: st::~=':'J::e t::er<=~~ :'5 .?rc':ic.a:: '::;1: 1.::lprC',"EC
\,,It.l~ ':.~l~ :l.il.l Q! :-e-;lti::1:al d::i.:s.:..=Ld.U:";~ ~....~~wl~<l lW '_:.~
;.ppli;ant-Recipie:1t, cy ~he Grantor ,assurance shall cbliga~<; cr.':
~pplican~-Recipient ~r in ~~e case of any t:ans:er of such propar~7,
any t.ransferee, for ~~e period durin; which ,;~e=eal proper,=y ~=
st%ucture is used for a ourcose for ',lhich the Federal financ:..al
assistance is ex~anded or -for another purpose ~nvolving ~~~
provision of similar services cr benefitS, If any personal proper~7
is so provided, this assurance shall obligate t~~
~.}:)plica.nt-Recipient fer the geriod.~during ....(n.:.ch it retains O'.oInership
or possession ot the proper-o:y, :;'n all ot~er ::ases, thi.s assurance'
shali obligate the ~pplicant~iecipient for the period duri~;which
the Federal finanoial as~istanee i~ e~~ended to i~ by ~he Gran~or.
~!S ASSURANCE is qiveQ in consideration of and for the pCI~CS2
of obtaining any and, all ,.~.e4~,~a,.l g::ants, loans, con~rac~s,
property, discounts or other Feee,ra"l' financial assist:ance eY-t:enc.ec:.
after the c.a.te hereof to t:he ';"Applicant-Recipient by the Grantor,'
including installmen~ pa~ents" 'after such da~e on accoant of
arrangemen~sfOr ~ederal financi~l ass~stance whic~ aqrees tha~ su=h
,Federal financial assistance ,'will be ,'$xtendad in reliance on ~~~
representa.tions and. aqr~emen~s made lnthis assurance; and ~hat ":.~e
United states shall have the r~q~e to seek jud1ci~1 enforcemant of
this assurance. This assurance is binclinq on tce
~p~llcan~-Recipient, its successors, transferees, and assignees, a~
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a., Sectlcn 504 of Publi= ta'..t 93-112, "Reha.:oilitati~n J..ct of
'1973" Sept:~!1lber 26, 1.973 (29 U.S.C, 794) (1.976),
b. Section 111 of PUblic La"..J 93-516 "Rehabilitation, Act
.1.rnendInents of 1974" December 7, 1974 (29 U.S.C. 706, i80, 790)
(1976), AND
c. Section 119 of Public Law 95-602, j'Reha.bili tation
'Comprehensive Services, and De:velopment 01sabi 11 ties .h.mendments ":)f
1978" Novembl!!r 6, 1978 (~...~ i~4, Nnt-A i,q, 1J"1t"~rl ~t.;:tr.AR r.nciFd (!=l1JpP
III 1979), all requirements imposed by. or pursuant to this
regulation of the Grantor and in accordance with Section 504 of the
Reha.b!lltat;i.on .\ct, '';)f 1372 (as a..-nand9,1); Grantor will prohibit
discrimination based on nandi.cap in, programs and a.ctivities
l'ec~iving Federal financi3.1 assistance dlsbut'sed by Gra.ntor and 1n
programe and adt:1vi ties, conduc::'tod by G~antor 7 ,and H1L.~2BY QtV2S
ASSURANCE THAT it 'tlil1 lrnm!d.iately take ~ny measures necessary to
effectuate ~his aqreement.
If any personal property or re&l property, or interest therein,
or struct~re thereon is provided or improved with the ~!d of Federal
financial as~i3tanee e~1:end!d eo ~he a~plican~ or recipient by
Grantor or if such assistance is in the form of personal property or
re~l property, or intere~t therein, or structure thereon is provided
OI improved with the ~id of rederal fin~ncial asei~tance extended co
the applicant or recipient by Grantor. or if such assistance is, in
the form of personal property or real pro~erty, or ,interest therein
or gtructu~ e th~.r:eoft; i:.h~!l thl~ d~~U: clUc.:1:4 ~hCl.l1 olJlltJdl~ th~
applicant or recipient or 111 the case of any transfer of such
property; any transferee, for the period durinq which the property
is used for a purpose tor ~~ich the ~rovls1ons ot similar services
or benefits, or for the peric:i durinq which it reta.ins ownership or
possession of the property whichever is longer. In all other cases,
this assurance snall obligatg tl1e app11cant or recipient tor the
period during which the Federal financial assistance is extended, to
it by Grantor.
Grantor representatives will ~be allowed to ,visit recipient
facilities. They ~ill inspect the facilities to ensure that there
ars no barriers to impede the handicap's accessi.bl11 ty in either
p:t'~grarns or activities. THI5 1\SSUI<.ANCE 1s given in consideration of
~nd for th~ r~rrose of obtaining any and all Federal grants, leans,
contracts, property discounts or ather Federal financial assistance
extended after tn~ d.;o.te hcr':?cf to the applicant or reclpiant by
Grantor, including i.nstallment pa'z'1lH,~nt.s after such date on account
ot arrangements for Federal fin~ncial ~i~ which were approved such
date. The applicant or recipient reco9nizes and agrees that such
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Federal financial assistance will be extended in reliance on the
representations and agreements made in this assurance, and that the
United States shall have the right to seek judicial enforcement of
this assurance. This assurance is right to seek judicial
enforcement of this assurance. This assurance is binding on the
applicant or recipient, its successors, transferees, and assignees,
and the person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the applicant or
recipient.
(DATE)
GREATER AUGUSTA ARTS COUNCIL,
INC.
By:
As its:
(MAILING ADDRESS)