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HomeMy WebLinkAboutLocal Rent Augusta Richmond GA DOCUMENT NAME: weal ~t DOCUMENt TYPE:.~ yeeffle..JG-t YEAR: I~q q BOX NUMBER: I' 0 FILE NUMBER: III q ~ r; NUMBER OF PAGES: ~ =~ ~~ . STATE OF G~ORGIA, .,. r, LOCAL RENTAL AGREEMENT ;...' ~... COUNTY OF RICHMOND THIS RENTAL AGREEMENT made and entered into this 1 st day of JULY One Thousand Nine Hundred and Ninety-Nine, by and between AUGUSTA, GEORGIA (LANDLORD) whose address is No, 530 Street ,GREENE city AUGUSTA State GEORGIA 30909, party of the first part, hereinafter called Landlord, and the COMMUNITY SERVICE BOARD OF EAST CENTRAL GEORGIA d/b/a COMMUNITY MENTAL HEALTH CENTER! GEORGIA T,AS,C, , a party of the second part, hereinafter called Tenant. WITN;ESSETH: ARTICLE I PREMISES RENTED AND USE OF PREMISES The Landlord, in consideration of the rents agreed to be paid by the Tenant and of the covenants, agreements, provisions and stipulations herein agreed to be mutually kept and performed by the parties hereto, does hereby this day grant, demise and rent, upon the terms and conditions herein stated, unto the Tenant those certain premises situated in ' County, Georgia, and more particularly described as follows to wit: BUILDING A, BUILDING E as known as No, 3421 , Street MIKE PADGETT HWY , City AUGUSTA Georgia, together with all the improvements, tenements and appurtenances, thereunto belonging or in any wise appertaining, including the right of ingress and egress thereto and therefrom at all times, The Tenant does hereby this day rent and take from the Landlord, upon the terms and conditions hereinstated, for the use of MH/MRlSA functions and facilities, those certain premises, more fully described above, together with all the improvements, tenements and appurtenances, thereunto belonging or in any wise appertaining, including the right of ingress and egress hereto and therefrom at all times. ARTICLE II TERM This rental agreement shall be for a term of ONE YEAR , commencing on the 1ST day of JULY , AD, 1999 , and e~ding at 12:00 o'clock midnight on the 30TH day of JUNE , AD, 2000 , unless terminated beforehand as hereinafter provided, ARTICLE 11][ FIXED RENTAL The Tenant agrees to pay the Landlord, at his above stated address, or at such address or addresses as may be designated in writing from time to time by the Landlord, the total fixed equal monthly rental of TWELVE THOUSAND FIVE HUNDRED ($12,500), for the use and rent of premises beginning on the first day of JULY, 1999, and payable on the first day of each and every calendar month during the said term, ARTICLE IV OPTION TO RENEW OR EXTEND TERM ~ tp The Landlord in consideration of the premises and of the covenants, agreements, provisions and stipulations herein agreed to be mutually kept and performed by the parties to this agreement, does hereby give and grant unto the Tenant the exclusive right, privilege and option of renewing or extending this agreement at the expiration of the aforementioned term on a year to year basis for ( "],. '1~ (;-1.. /,) 5""1<<.eS) consecutive years. Said renewal or extension shall be upon the same terms, conditions, covenants, provisions, stipulations and agreements as herein set forth and at the same monthly rate of rental herein stipulated: provided, however, that notice of Tenant's desire to exercise such option shall be given to the Landlord at least sixty (60) days prior to the expiration date of the original term ofthis agreement or of any renewal or extension term thereof. It is further provided that this option may be exercised by the Tenant only in the event all rents have been fully paid and that all covenants, agreements, provisions, stipulations, terms and conditions ofthis agreement on the part of the Tenant to be performed, kept and observed, have been fully and faithfully performed, kept and observed, - '...t - j,' ..;;; ARTICLE V STIPULATIONS The following stipulations, provisions, covenants, agreements, terms and conditions, marked Exhibit "A" and attached to this rental agreement, are expressly understood and are mutually agreed to by the parties hereto. The said stipulations, provisions, covenants, agreements, terms and conditions attached hereto and marked Exhibit "A", are hereby incorporated herein and made a part of Article V of this rental agreement by reference, IN WITNESS. WHEREOF, Landlord and Tenant have here executed, signed, and delivered this agreement in duplicate the day, moth, and year first above written, each of the said parties keeping one of the copies hereof. ",' t ~~ \.:;~ ' ~ . . ~.~~~ ~~Lr _~ . f';'-~- =- t<.,~ry Pub!Jc .. ,,~ . H," c: ~ ' ~" ,? hNotaryPubtlc. RIchmond County. GeorgIa :_ ~. ~_ . - . (~EA L f My CommIssIon ExpIres Dec. 5. 2002 \0- : _ SIGNED, SEALED, AND DELIVERED As to Landlord, in the presence of: COMMUNITY SERVICE BOARD OF EAST CENTRAL GEORGIA d/b/a COMMUNITY MENTAL HEALTH CENTER/GEORGIA T,A,S,C, Notary Public (Name of Tenant) BY: Cilt! It/'fI'Jll-7 I{CAbt?'U Notary Public Approved: Representative from GA D,O,H.R, (Seal) Date: EXHIBIT" A" STIPULA TIONS, PROVISIONS, COVENANTS, AGREEMENTS TERMS ANn CONDITIONS OF RENTAL AGREEMENT: Purpose of Paragraph Identification Referen'ces I, The brief, captioned, paragraph-identification references which appear in the left hand margin of this Exhibit A are for the purpose of convenience only shall be completely disregarded in construing this rental agreement. Definitions 2. A. The word "Landlord" as used in this rental agreement shall be construed to mean Landlords in all cases where there is more than one Landlord, and the necessary grammatical changes required to make the provisions hereof apply either to male or female, corporation, partnership or individuals, shall in all cases be assumed as though in each case fully expressed, B. The word "Premises" as used in this rental agreement shall include not only the particularly above-described property but also all the improvements, tenements and appurtenances, thereunto belonging or in any wise appertaining. C. Any and all references of the "Term" of the agreement contained within this rental agreement shall include not only the original term but also any renewal or extension of the original term. Time is of Essence 3, All time limits stated in this rental agreement are of the essence agreement. Service of Notice 4, All notices, statements, demands, requests, consents, approvals, authorizations, hereunder given by either party to the other shall be in writing and sent by registered or certified mail, postage prepaid and addressed as follows: To Tenant, at the address shown for the premises rented herein and to Landlord, the same shall be sent to the address stated above or at such other addresses Landlord may from time to time designate by notice to Tenant. In either case, Tenant will be responsible for notifying in writing the appropriate representative from the Georgia Department of Human Resources, Covenant of 5, Landlord covenants that he is seized of the said demised premises in fee simple absolute, Landlord agrees that the Tenant, paying the rents and keeping the stipulations, provisions, covenants ; . ,< Title ami Quiet .~ Enjoyment Notice of Appointment Of Agent Change In Ownership Of Premise's Binding Effect On Heirs Assigns, Etc.. terms, agreements, and conditions herein contained shall lawfully, quietly and peacefully have, hold 'iuse? posses, enjoy and occupy said premises hereby rented, with all the ilpprove'fnents, tenements, appurtenances, and each and every part and parcel thereof for and during said term hereby granted, without any suit, hindrance, interruption, inconvenience, eviction, ejection, or molestation by the Landlord or by any other persons whatsoever. Iffor any reason whatever, Tenant is deprived of its right to lawfully, quietly and peacefully have, hold, use, posses, enjoy and occupy said premises hereby rented, with all the improvements, tenements, appurtenances, and each and every part and parcel thereof, for and during said term hereby granted, without any suit, hindrance, interruption, inconvenience, eviction, ejection or molestation by the Landlord or by any other person or persons whatsoever, then this agreement may be immediately canceled and terminated at the option of the Tenant by giving the Landlord notice thereof. If the Landlord's title shall come in dispute or litigation, the Tenant may withhold payment of rents (without interest) until final adjudication or other settlement of such dispute or litigation. 6. Tenant shall be under no obi igation to recognize any agent for the collect of rent accrued hereunder or otherwise authorized to act with respect to the demised premises until notice ofthe appointment and the extent of the authority of such agent shall be given to the Tenant by the party appointing such agent. 7. No change or division in the ownership of the rented premises, or of the rents payable hereunder, however accomplished, shall operate to enlarge the obligations or diminish the rights of the of the Tenant. Further, no charge or division in ownership shall be binding on the Tenant for any purpose until the Tenant shall have been furnished with a certified copy of the recorded instrument, or other legally authenticated written instrument, evidencing such charge or division in ownership. 8. Each of the stipulations, provisions, terms, conditions, covenants, agreements and obligations contained in this rental agreement shall apply, extend to, be binding upon and inure to the benefit or detriment of each and every one of the heirs, legal representatives, devisees, legatees, next-of-kin, successors and assigns of the respective parties hereto, and shall be deemed and treated as covenants real running with the premises aforesaid during the term of this rental agreement. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the heirs, legal representatives, devisees, legatees, next-of-kin, successors and assigns of said party, the same as if in each case expressed. Lam//ord's 9. Should the Landlord, for any reason whatever, be unable to deliver possession of the said Failure To rental premises to the Tenant at the commencement of said term hereinbefore specified, this Deliver agreement may be immediately cancelled, terminated and declared null and void at the option of the Premises At of the Tenant by giving the Landlord notice thereof. Shall the Tenant elect not to exercise the Commencement aforestated option then it is agreed by the parties hereto that there shall be a total abatement of rent Of Term during the period between the commencement of said term and the time the Landlord del ivers possession of the premises tot he Tenant. Destruction Of Or Damage To Premises Insurance Use Of Premises And Insurance 10. In the event the said demised premises, either prior to the commencement date of this rental agreement or during the term thereof shall be so damaged, by any cause whatever, as to be rendered unfit for occupancy by the Tenant, and the said premises shall not thereafter be repaired by the Landlord at his expense with reasonable promptness and dispatch, then this rental agreement may be immediately cancelled and terminated at the option of the Tenant by giving the Landlord notice thereof, and rent (if any) shall be payable only to the date of such damage. Shall said premises, either prior to the commencement date if this rental agreement or during the term thereof, be partially destroyed, by any cause whatever, but not rendered unfit for occupancy by Tenant, then the Landlord agrees that the premises at the Landlord's expense and with reasonable promptness and dispatch, shall be repaired and restores to substantially the same conditions as before the damage. In the event of a partial destruction of the premises there shall be a fair abatement in the rent payable during the time such repairs or rebuilding are being made. Such proportionate deduction of rent to be based upon the extent to which the making of such repairs or rebuilding are being made. Such proportionate deduction of rent to be based upon the extent to which the making of such repairs or rebuilding shall interfere with the business carried on by the Tenant in said premises. Full rent shall again commence after completion of the repairs and restoration of the premises by the Landlord. In connection with the foregoing, it is agreed by the parties hereto that the Tenant's decision shall be controlling as to whether or not the premises are fit for occupancy by the Tenant. I I. Landlord shall and will, at his own cost and expense during the term of this rental agreement, keep the premises insured against loss or damage by fire and other casualties, for not less than the premises were last assessed for the purpose of taxation. Said insurance shall be place with solvent, incorporated insurance companies licensed to do business in the State of Georgia. Landlord shall furnish Tenant with Certificates or other acceptable evidence that such insurance is in effect. 12. Tenant shall not use said premises other than functions and facilities for which the said premises are hereby rented; and no use shall be made of of said premises, nor acts done which will cause a cancellation of or an increase in the existing rate . ; Requirements '''-': of fire, casualty and other extended coverage insurance insuring the said premises. The Tenant "furt;her agrees not to sell, or permit to be kept for use, in or about said pr~mises;~any article or articles which may be prohibited by the standard form of fire insurance policies. Cancel/ation Of 13. Shall the Tenant at any time be in default in the payment of rent, or in the performance of Rental any of the stipulations, covenants, terms, conditions, agreements, or provisions of this agreement, Agreement By and fail to remedy such default within twenty (20) days after receipt of notice thereof from the Landlord Landlord; it shall be lawful for the Landlord to enter and repossess said premises, expel and remove the Tenant and its effects therefrom. Entry For 18. Tenant shall permit Landlord, his agents or employees, to enter into and upon said premises Inspection And at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining or Repairs, Alter- making repairs, alterations or additions to any portion of the premises. ations or Additio,ns Janitorial Services ... . . ... . f~ the premises. I use care to select honest and efficient e . nord shall be responsible to the Tenant for the neg Ig 111lsconduct of such employees. Tenan agrees to report ro an ord any neglect of duty or .... on the part of such Holding Over Condemnation Rubbish Removal Repairs By Landlord 14. Any holding over, or continued use and/or occupancy by the Tenant, of the rented premises after the expiration of this rental agreement shall operate and be construed as a tenancy at will at the same monthly rate of rent set out above and under the same terms and conditions in force at the expiration ofthe agreement. 15. In the event, during the term ofthis rental agreement, the whole or any part of the premises hereby rented shall be appropriated or taken by any Municipal, County, State, Federal or other authority for any public or quasi-public use through the exercise of the power of eminent domain or condemnation proceeding, or sold to the possessor of such power under the threat of its exercise, or if by reason of law ordinance or by court decree, whether by consent or otherwise, the use of the premises by the Tenant for the purposes hereinabove referred shall be prohibited; the Tenant shall have the right to immediately terminate this rental agreement upon notice to the Landlord and the rent shall be paid only to the time when the Tenant surrenders possession of the premises. When only a portion of the demised premises are acquired for public or quasi-public use through exercise of or under the threat of eminent domain or condemnation proceeding, the Tenant shall have an election as to whether it will terminate and cancel this rental agreement at the time a portion of the demised premises must be surrendered or whether it will remain in the demises with remaining monthly rental payments reduced by an amount determines by the ratio of square feet thus acquired to the total square feet originally contained in the demises premises. To exercise this election, the tenant must notify the Landlord within twenty-five (25) days after it is ultimately determined what portion of the premises will be taken under such proceeding. In the event the Tenant elects to remain on the premises under the condition set forth above the Landlord agrees to promptly make all necessary alterations and repairs which shall be required because of such partial acquisition. The rights of the Landlord shall inno way prejudice or interfere with any claim which the Tenant may have against the authority exercising power of eminent domain or condemnation for damages or otherwise for destruction of or interfere with the business of the Tenant in the demises premises. 'the said rI ~ ... ... f ' , "", coal, light, hea or any other utility used by the Tenant while. . g e said premises No deduction shall be made from east . e service of water, electricity, gas, fuel, oil, coal, heat, and power or I I Ity un ess ct of Landlord. In the event of interruption in , e ectricity, gas, fuel, oil, coal, heat and power servlc , will Notice to Lalld- 2 I. Tenant shall give to the Landlord prompt written notice of any accident to or any defects in lord Of Damage the said premises and such damage or defects shall be remedied with due diligence by the Landlord Or Defects at his own expense. '.. .'~ Taxh and AssessmCHts Termites, Rodents, ami Pests Removal Of Improvements, Erections and Additions By Tenant Removal Of Fixtures By Tenant Waiver Of Right Entry For Carding, Etc.. Abandonment Of Rented Premises Waste And Nuisance Ass;gnmellt and Subletting .-. .22. Landlord, during the said term ofthis rental agreement, agrees, and covenants to payoff, 'satisfy and'discharge, as they become due, all assessments, taxes, levies and otlier charges, general or special, of whatever name, nature and kind, which are or may be levied, assessed imposed and charged upon the premises herein demised and rented. termites, rodents, and other ests to the demise~ premi~es by the~ cause 24. With the express consent ofthe Landlord first having been had and obtained the Tenant may make, at its own expense, such improvements, erections and alterations as are necessary to adapt the premises for the conduct of the Tenant's business. All improvements, erections and additions installed in to placed upon the demised premises by the Tenant, whether permanently affixed thereto or otherwise, shall continue and remain the property of the Tenant, and may be removed by the Tenant, in whole or in part, at any time before the expiration or termination of this agreement. If the Tenant removes any or all of the improvements, erections and additions it has installed in or placed upon the demised premises, the Tenant agrees to repair any specific damage directly resulting to the premises from such removal. 25. At any time the expiration .01' termination of this agreement, Tenant shall have the right and privilege to remove all fixtures, equipment, appliances and movable furniture which it has placed in or upon the demised premises. 26. The waiver by Landlord, or by Tenant of any breach of any stipulation, provision, term, covenant, agreement or conditions herein contained shall not be deemed to be a waiver of such stipulation, provision, term, covenant, agreement or condition on any subsequent breach ofthe same or any other stipulation, provision, term, covenant, agreement or condition herein contained. 27. In the event the Tenant does 110t exercise the renewal or extension option provided above, then it is agreed that the Landlord may, within sixty (60) days next preceding the expiration of the term of this agreement, card premises advertising the said premises "For Sale" or "For Rent". Landlord may enter the premises at reasonable hours to exhibit the same to prospective purchasers tenants. 28. During the term of this agreement Tenant agrees not to abandon or vacate thefemises with out cause. 29. Tenant shall not commit, or suffer to be committed any waste upon the said premises, or any nuisance, or other acts or thing which may disturb the enjoyment of any other Tenant, if there be any, in the building in which demised premises maybe located. 30. Tenant shall not assign this rental agreement, or any interest therein, and shall not sublet the said premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person to occupy or use the said premises, or any portion thereof, without the consent of Landlord first having been obtained. However, it is agreed by the parties hereto that Landlord shall not unreasonablt:ithhold such consent. Any such assignment or subletting without such consent shall be void, and shall, at the option of Landlord, on twenty (20) days notice to Tenant, terminate this rental agreement. Consent to one assignment and/or subletting shall likewise be made only on prior consent of Landlord, which consent shall not unreasonable be withheld. Effect On 31. The voluntary or other surrender ofthis rental agreement by Tenant, or a mutual cancellation Assignment Ami thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing Subletting Wllel/ sublets or subtenancies, or may, at the option of Landlord, operate as an assignment to him of any tel/ant Surrend- If or all such sublets or subtenancies. ers Rental Property Surrender Of Premises Invalidity Of Provision Or Portion Of Provision Availability Of Funds 32. Tenant shall at the termination of this agreement surrender up said rented premises in good order and condition; reasonable use and ordinary wear and tear thereof, damage by fire, acts of God, the elements, other casualties, condemnation and/or appropriation, and damage or defects arising from the negligence or default of the Landlord excepted. 33. Shall any provision or portion of such provision of said rental agreement be held invalid, the remainder ofthis said rental agreement o(the remainder of such provision shall not be affected thereby. 34. This rental agreement is subject tofthe condition that funds be made available by the Congress of the United States, by the Genhal Assembly of Georgia, or other sources, and by the proper budget authority for carrying out the functions which this rental agreement implements. FurtherSpecial 35. Insofar as the following special stipulations conflict with any of the foregoing stipulations, Stipulations provisions, terms, conditions, covenants and agreements, the following shall control: . " r ... ". Entire Agreement .~ ,-:',7 MAJOR REPAIRS SHALL BE MADE BY THE LANDLORD PURSUANT TO AGREEMENTS BETWEEN THE PARTIES DATED NOVEMBER 14, 198:9., AND NOVEMBER 1, 1990. 36. This rental agreement sets forth all the provisions, agreements, conditions, covenants, terms and understandings between the parties relative to the demised premises. There shall be no provisions, agreements, conditions, covenants, terms, understandings representative or inducements either oral or written, between the parties other than are herein set forth. It is further understood and agreed that no subsequent alteration, amendment, charge or addition to this rental agreement shall be binding upon the parties herein unless reduced to writing and signed by all the parties to this rental agreement.