Loading...
HomeMy WebLinkAboutGreater Augusta Arts Council (2) Augusta Richmond GA DOCl!MENT NAME: g\(fa-\el( ougU3\O- o...'f-\S ctUffi \ DOCUMENT TYPE: ~y~ YEAR: C\t BOX 'NUMBER: (),s FILE NUMBER: \~ l NUMBER OF PAGES: \~ it.. , .' , "i STATE OF GEORGIA COUNTY OF RICHMOND SUBLEASE FOR COMMERCIAL CONCESSION AGREEMENT (DACW21-1-95-1237) This Sublease is made and entered into this If day of May, 1997, ,by and between'Richmond County, Georgia (hereinafter IISublessor") whose address is 530 Greene Street Augusta GA 30911 and The Greater Augusta Arts Council (hereinafter "Sublesseell), 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 Engineers dated May~, 1997, and whereas Sublessee has requested the use of said area as defined on Exhibit "A" beginning S:OO a,m., June 6, 1997 and ending 12:00 midnight, June S, 1997, and 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.II, 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 third persons; and shall pay any judgments that may be rendered in such actions. The United 2 . (' j , ) 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 . , . ' l (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 is 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, seating 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 is'required to have no less than two'security personnel on duty June 6 and June S, 1997, and three security personnel on duty June 7, 1997, 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". B. OBLIGATIONS OF SUBLESSOR 1. The Sublessor shall permit the Sublessee to operate its Cookoff Competition beginning at S:OO a.m., June 6, 1997 and ending at 12:00 midnight, June S, 1997. C. MUTUAL AGREEMENTS 6 I . 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 S, 1997, 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 "O.'C.G.A." 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 ~(p' day Of~1997'/J, j}.jJ-a~~ Witness Notary Public, Richmond County, Georgia My Commission Expires Oct. 4. 1997 GREATER AUGUSTA ARTS COUNCIL, INC(~/ '~I ' By: \, . ' As its . tie.. ~/L;ve-. "SUBLESSEE II Notary Public, State of GA My Com.m.ission Expires: .-.:..,.~'. "., -~.;. ",~:\ \. ,,':"~~~.\ ~':.. t';:.j-:/'!t"'\', .. ' , < ,- . . . < :" ')', \ t .:' ,.;;.' .' . '. "}". ..' ,', . 4 ".. ,;.... ~ , '~", i"'" ':'\, !.:~ ,', C) j~ t.' ". ,..,' ").-- "0 fl ',~< ' , ~ ~l ~.i" .........~~...--. .. A \, /;;;~~';;~~~~ ;:;~~~;:::.\~:: ~ "j, . . '\. 9 .i " . IN WITNESS WHEREOF, this su8)ease is executed for and on behalf of the Sublessor, this /~ day of May, 1997. and subscribed before y of May, 1997. ~ By: otary Publi , State of GA My Commission Expires: ~-6-P?~~1 TllIt MIIIleIII IpplfNtd II ~;~7 IN WITNESS WHEREOF, the sublease is hereby approved by the United States executed for and on behalf of "the Army Corps of . 1/ Engineers, on behalf of the United States of America, this L.Lffi day of ,:s-tA\ Y , 1997. and subscribed before day of May, 1997. UNITED STATES ARMY CORPS OF EN~AL) By:' f~ As its ' GA TITLE: ~.rnM'~...u ,,"",.,, .;~l'~O<'ff' .' ,'~ OTvTsrort,., ~c;"..",,~1!.QgJ)tlcer. ' , .... . '. .' ~~~~t~~~r!~~~., . '\." ." .. ""~,-':7;(,';~~tt':~ D!NISE'I!. rmos . ,'. ",)~ " kti,ng Chief, Real Esfafe DMston Contracting Officer 10 . .' ..' " '-' E:xh i.bi t "- ...... " .~SSULVJrCE CF CCMPL:ANCE t,..'~ :.:1 TIlE ::SL=.~RTI1EN':' cC' :F.f=:1ISE ~:RE,:,:,:'?E UNDER TIT:'E 'F: SF 'IHE CI"IIl. ~r~ir!S AC:: SF ~964 All!> SECTION 50:\ OF :':-IE ?E:!AB!LITA~10N .~C? (;f :"?7 3 (~.S .;!1ENDED) The G::eater ^u~J.st::. .:.r-:s c01;n~~l :ler~i~~:~er:2.11,=d (N~~e of Appl~canc-~ec~~ien~) Appl:..-=an-c-rtQcipiene, HE::;ZE3"l ~.G~EES TIJ'j.T it \.....ill::::~ply '.}it~ -:i-:.:..: '- ~~ th9 ci~il Rig~ts ~C~ of 1964 (42 ~.S.C. 2GOOd), =he ~;e :iscrim~:la~::.::n f.,C-:' of :?7: (.\2 V.S.C. 6~Ol), =..D.::::' ,:~e ,:>~p=.l'.~;"': ~ :;efg~6a :Ji=~cti'JQ 5500.:'::' 15~ C.P.?</ 300L :"';;S'.lsa !='ur:;;tlan-:. '':':: -:::..=..-:: ~itle, to tho and ~hat, ~~ ~~~ordanc~ witt T~tle VI of ~hat ~C~ a~~ the Di=ec~':"':e, DC Far::lo!1 ':':1 t:"le Unit~d Sta-::e~ 'shall, on the gro...!....~c. of r~cc, cole::-, ::=:!'eed, ~ex, 3.ga, !'ell;ion ~r :13,t:.::)nal cri;i=,-, ':::e e,XCluded ir=m p;:r-:.:.ci;at:'~n in. be denied L~e =e;Jef..:.:.s :)f I :lr '::e other"..Iise subjec':.~d '::J ~..:.::;::::.:.:n.:.~~+:i.::n '...'.!1c.er 'lr."] ?!"::Jgra.m c:: ?oct':':;:' -=j' fer wh.:.;h the ;!...ppl.:..=~':.-~l~ci;:~~n": r~c~.:.'.:.:=~ ~c:i~r=.l. .~~:..~a~c:.~l assistance f!'o:n the S~c!"~t!.r:t ~f ':r..~ Ar;ny, 'ner~inaf":~1" ,=~ll:i::d :::1c Gran'tor and 3E-~RBY :::;J:~.~~ "\SSLS.~.HC~ '!'!V-T it '..Ji.ll :.:n!1".ea.:.a::el"/ -:~ke c.n"j ~~~SU{~~ neceSsa~l co ~!=~~~~~te ~nis ~g~~e~en~. ::= t:'1~ rsal prcper-:."! == $+:::..:.=.:...:.::e :::er~:::1 .:.s :::r~";~:'~~ ~r ~:-:Ipr~.J"e~ ",...itl: ";~~~ :1i'J. w! :2r;.!.l;:!d..L. d.:)~.i.~Ld.H:';~ r:-.'\.~t:!1:.:.~Il\..~-;,; ;'.ppli.;2"n.':-Recipie:lt, cy ':he Grantor, assurance shall cbli;at<; cr.; Appli~an~-~ecipient or in ~~~ case af ~ny t:ans:er ~f such pro~a~~ll any l:ransferee, tor ~:Je period duri:19 whic:J ':~e ::-eal proper':y ::::- st!:'J.cture is used for a "Ouroose for '..Ihich the Federal f inane' a' assistance is ex~~nded or -for another pur~ose ~~volving ~~; provision' of si!!\ilar services c,r benefit-so If any personal pro~er-=:t is so prOVided, this assur~nce shall obligate ~~~ ~.pp1icant.-rtecipien~ Ier ':~e peri',xl'd.'.lring '~h:ch i,: retains ownership or possession ot the ~rOFer"=y. ;n all o~~er :::ases, this assuranc= shall obligate the ~pplicant~Recipient for the pericd duri~g whi~h the Federal financial as=~Sl:ance ~= e~~enc~d to it by ~he Gran~or. TH!S ASSUR>~CE is given in consideration of and for the CCI~CS2 of obtaining any and all ~ederal g~ants, loans, con~rac~s, property, discounts or other Federal financial assi5~ance ey.t~nde~ after t;"e c.a.te he!eot t~ the' Applicant-?ecipient by the Granto!', incl.uding installme!\~ payr:tents after such. da:e on. acco'J.nt o! ~rrangemen~s for federal financial a!s~stance whic~ aqrees tha~ su=~ Federal ti.:1ancial assistance will be axtendad in reliance on t~e rep:esenta.tions and aqreement.9 made in this assurance, and ~hat ~~e United states shall have the r:q~~ to seek judici~l entorcemant ci this assurance. Th~s assurance is bindlnq on tc~ ~p~lican~-~ecicient, its successors, transferees, anc asslqne~s, a~ '. , . ..' .. r" , -;, ~ the ~erS?n Qr person ~hcs~ ~i~~3t~=~S a~pe3r bel~~ are authorized :~ sign this assurance on behalf "8f ~he Acplicant-p.eclplent. Applicant-Recioient :~r~~er ~grees that he ~r she will ccmply to/l th : a. Sect.5..cn 504 'Jf ?utli: La:,.., 93-112, l'Rehabilitati=," ;.ct of 1973'1 Sept~!T\~~r ~5, 1973 (29 U.S.r:, 794) (~976); b. Section 111 of P1..l.blic ta'..J 93-516 "Rehabilitation Act .1.mendrnents of 1974" December 7,1974 (29 U,S.C, 706, iao, 790) (19i6), AND c. Section 119 cr Public Law 95-602, "Rehabilitation Ccmer'ehens ive Services, and D,-velopment Disabi 11 ties Amendments 'Jf 1919" Novambl!!t. (" 1978 (SF:'~ 7~4, Nnt-p. ;,q, U,.,i t"~n ~r.,qT.P.R r.nc1p.) (l:mpp III 1979), all requirements imposed by. or pursuant to this regu1ati6n of the Grantor a~d in accordance with Section 504 of the Rahabilitati~n ~=t ~f 1372 (as ~~endgd), Grantor will pr~hibit discrimination based on handi,cap in programs And a.ctivities Lec~ivlng Federal financi~l assistance disbursed by Gr&nt~r and in proqrame and ac::tivi ties cQnduc::t0d by Grantor, and HL"q,2BY QIV2S ASSURANCE THAT it '....il1 irnrn!d1ately take a.ny measures necessary to effectuate ~his agr~ement. If any personal property or reAl property, or int~rest therein, or 9truct~re thereon is provided or improved with the a.id of Federal financial assistance extended to the applicant: or recipient: by Grantor or if such assistance is in the form of personal property or real property, or interest therein, or structure thereon is provided ot irnpro~ed with the aid of Federal financial asei~t:ance extended to the applicant or recipient by Grantor, or if such assistance is in the form of personal propercy or real property, or interest therein or structu.I e then:~cm, th~!l \:111::5 d~:U:~U: cmc.:~ ::111(1.11 olJllYcit.e:: th~ ar,'plicant or recipient or in the case of any transfer of such property, any transferee, fot the periOd durinq which the property is used for a purpose tor ~hibh the provisions ot similar services or cenefi ts, or for the perlc:i during' '.-Ihich it retains ownership or possession of the property whichever is longer. In All other cases, this assuranc~ shall obllgatgtl1e applicant or recipient ~or the period during which the Federal financial assistance is extended to it by Grantor. Grantor representativ~s will 'be allowed to visit recipient facilities. They will inspec~ ,the facilities to ensure that there ar~ no barriers to l:npad~ the handicap's accessLcl11ty in either ?r~grarns or ar.;:ti ',i ties. THIS ;"SSU~.ANCE ls gi v~n i. n consi dera-ticn of "~:: !:or tl1~ ~':rr~~!'! of cbt:!inin;: <in)' and all Feder-al grants, L:::Ul:';. 'r'~' ': r.~c '.:3, f-'r-'per ty disCCJI..:n ':.5 ~)r ~t.he!:" Feder a 1 f inanci 301 assistance 9xt!!nded after ':}1~ -:t2.t'O' hcr::,~f t~ the applicant or recipient by Grant.or, lncludinq i.r:stallor,cnt r,~',rnent"": ~fter such d~te on account of arrangements t6r Feder~l t~n3"clal aid whicb were approved such da~e. The appli~ant Qr recipi8~t reca~nizes and agrees that such ..:. : " .., , " " . 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)