HomeMy WebLinkAboutGreater Augusta Arts Council (2)
Augusta Richmond GA
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YEAR: C\t
BOX 'NUMBER: (),s
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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
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.
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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.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
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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 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.
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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 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
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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".
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
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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 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
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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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"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:
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. 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.
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By:
otary Publi , State of GA
My Commission Expires: ~-6-P?~~1
TllIt MIIIleIII IpplfNtd II
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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 . 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 ,,"",.,,
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D!NISE'I!. rmos . ,'. ",)~ "
kti,ng Chief, Real Esfafe DMston
Contracting Officer
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.~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~
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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
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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)