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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: )qg~ BOX NUMBER: FILE NUMBER: } ~ lp g ~ NUMBER OF PAGES: 13 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. "\ 1 " ,; (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 2 ~ 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. 3 , '. (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. 4 . . .~. (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 \ to assign uniformed law enforcement officers of the Sublessor to the event. (18) The Sublessee is authorized to exercise such control 5 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 6 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 7 ~ 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 8 . , '. 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: 9 . . 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 ..-- , . .~ " 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: 10 '. ( '~ -- '....' .. . -.!..- F;:thi,bi t " ..... u ~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~ .~ ~ ~ '.. ~_. , . '.-' -?.. 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 .~, I. '-- 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)