HomeMy WebLinkAboutMARINA OPERATOR AGREEMENT
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
MARINA OPERATOR AGREEMENT
THIS MARINA OPERATOR AGREEMENT, made and entered into, effective the 1st day
of January, 2007 by Augusta, Georgia, hereinafter called "City", and Mobile Marine Inc., a
corporation organized and existing under the laws of Georgia, hereinafter called "Operator".
WIT N E SSE T H:
WHEREAS, the City is the owner of the Riverwalk Marina, operated through the Augusta
Port Authority, consisting of that parcel ofland with improvements thereon, as shown in exhibit
"A" on the Savannah River, whose address is #1 Fifth Street, Augusta, Richmond County,
Georgia, and extends from the point of which Norfolk-Southern Railroad Bridge Crosses the
levee and extending down-river until the Gordon Highway Bridge; and, the Riverfront Marina;
all that parcel of land with improvements thereon, as shown in Exhibit "B" address is 1 03
Riverfront Drive, Augusta, Richmond County, Georgia, hereinafter called the "Riverfront
Marina". Said Riverfront Marina being situate, lying and being upriver from the Boathouse and
extending up-river until the point at which the extended East Boundary right-of-way intersects
the Savannah River; and exclusive boat passenger loading and unloading rights on the Tenth
Street Bulkhead docking facilities as shown on Exhibit "C". Said Exhibits A, Band C being
incorporated herein by reference.
The City Marinas shall also include any changes, additions, alterations, modifications,
and/or improvements on or to the City Marinas premises made in accordance with this Marina
Operation Agreement.
WHEREAS, the City wishes Operator to operate, and Operator wishes to operate, the City
Marinas;
NOW THEREFORE, the parties hereto, for and in consideration of the mutual promises
herein contained, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged. DO HEREBY AGREE, each for itself and successors and assigns, as
follows:
1. CITY MARINAS. Defined. The City, by this duly approved authorization, does hereby
grant unto Operator, authority to operate the City Marinas; and, Operator does hereby accept the
authority to operate said City Marinas including the Riverwalk docking and passenger loading
facilities at the Tenth Street Bulkhead. That the operational rights at the Tenth Street Bulkhead
shall only include the right to dock tour boats at said Tenth Street Bulkhead facility and load and
unload passengers.
2. TERM. City hereby grants authority to operate City Marinas, and Operator hereby
accepts authority to operate City Marinas, for consideration and upon and subject to the terms
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and conditions set forth herein, for a renewal term of five (5) years, commencing upon the
execution of this Agreement by all parties. Operator shall have the first option to renew this
Agreement for an additional five (5) year term.
3. CONSIDERATION. As consideration for authority to operate City Marinas, Operator
agrees to compensate City in the amount of FIFTEEN HUNDRED ($1,500) per month for the
initial term, with the first monthly payment being due January 31,2007, and the last day of each
month thereafter during the term of this agreement. Any payment not made by the 5th of the
month next following shall be subject to a five per cent (5%) late charge.
In addition to the rent herein reserved, operator agrees to pay a fuel flow charge of
THREE (3) cents per gallon of fuel delivered by the wholesale supplier to the Marina facilities,
payable on the 1 st of each month for the month immediately preceding. Said fee shall be
imposed on said deliveries beginning with the month of January, 2005, and the first remittance to
the City shall be due February 1, 2007. Any payment not made by the 5th of the month next
following shall be subject to a five per cent (5%) late charge.
4. UTILITIES and LANDSCAPING. City will continue to provide and maintain
Utilities and Landscaping for Common Areas used by the General Public at large. Common
Areas Utilities include: street and sidewalk lighting, fountains, garbage, water, and sewer
service. Operator will be responsible for Utilities in connection with the operation of the store,
fuel station, docks, and individual boat slips.
5. REPAIRS and MAINTENANCE. Operator shall perform daily maintenance repair, and
upkeep of docks, store, boat ramps, parking areas and restrooms. A marina maintenance
checklist will be abided by on a daily bases. Operator shall keep the City Marinas neat, clean,
free of trash and in good and well maintained condition with an attractive appearance. City to
keep in good repair the roof, foundations, exterior walls, underground utility and sewer pipes of
City Marinas. City Facility Maintenance Technicians will be made available for repair of city
owned property in the event of a situation beyond Operators capabilities. The operator must
seek approval from the Augusta Ports Authority for repairs over $500 per occurance
6. CHANGES, ADDITIONS, ALTERATIONS, MODIFICATIONS, IMPROVEMENTS.
Operator shall not without prior written consent of the Augusta Port Authority, make any
changes, additions, alterations, modifications and/or improvements, structural or otherwise,
including fees charged for services, in or upon any part of the City Marinas. Operator agrees to
submit any and all plans for any changes, additions, alterations, modifications and/ or
improvements to the City Marinas to Augusta Port Authority for approval before said alterations,
changes, or additions are begun. City shall not unreasonably withhold its approval of said plans.
The fee schedule to begin the initial lease shall follow the rates as found in Exhibit C.
7. INSPECTION BY CITY. City shall have the right to enter upon the City Marinas to
make inspections during regular business hours when a representative of the Operator is present,
or at any time in case of an emergency to determine whether Operator had complied with and is
complying with the terms and conditions of this agreement; provided, however, that said
inspection shall in no event unduly disrupt or interfere with the marina operation. Any
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deficiencies noted during the inspection shall be corrected in thirty (30) days. Inspections shall
be conducted on a semiannual basis by representatives of the Augusta Port Authority, Augusta
Recreation And Parks, and Augusta Risk Management Department. Quarterly progress reports
shall be submitted to the Augusta Port Authority no later than April 30th, July 30, October 30t\
and January 30th of each year.
8. RULES AND REGULATIONS. Operator agrees that operation of City Marinas shall
be conducted in compliance with all local, state and federal laws, environmental laws, and the
ordinances of Augusta, Georgia. Any changes additions or modifications to rules and regulations
in place at the time of the execution of this agreement must be approved by the Augusta Port
Authority. Operator further agrees to endeavor to conduct its business in such a manner as will
develop and maintain the good will and active interest ofthe general public.
9. INDEMNITY; INSURANCE. Operator agrees to maintain City Marinas with an
emphasis on safety and cleanliness, and will focus on limiting liability while holding marina
users accountable for their actions. Operator agrees that its operations shall be conducted in
compliance with all federal, state, local, and environmental laws, rules and regulations, and
agrees to indemnify and hold harmless the City, from and against any claims, actions, demands
or liabilities of any kind arising out of or relating to Operators operation of the City Marinas.
Operator further agrees to maintain at all times during this agreement, at Operators expense,
general public liability insurance coverage against claims for personal injury, death and/or
property damage occurring in connection with the use and occupancy of the City Marinas or
arising out of Operators improvement, repair or alteration of the City Marinas, with limits of
coverage of not less than ONE MILLION ($1,000,000) per occurrence. The Augusta Port
Authority and the City of Augusta Georgia shall be named as co-insured on this policy.
10. DEFAULT. In the event that Operator should fail to observe any of its covenants and
obligations as herein expressed or cease to operate the City Marinas for the purposes set out
herein, then upon the happening of such event, City shall give Operator thirty (30) days notice to
comply with the provisions of this Marina Operator Agreement, or if the conditions cannot be
remedied within said thirty (30) days period, to commence the remedy, and diligently pursue
it to completion; and should operator fail to do so, city shall have the option to declare this
Agreement terminated and at once take possession ofthe City Marinas.
11. QUIET ENJOYMENT, INGRESS AND EGRESS. City covenants and warrants that
Operator, so long as it shall perform the duties and obligations herein agreed to be performed by
it, shall peaceably and quietly have, hold and occupy and shall have the exclusive use and
enjoyment to operate the City Marinas during the term of this Agreement and any extensions
thereof. Operator, in cooperation with the United States Coast Guard Auxiliary and The
Savannah Riverkeeper Inc. shall have full access to the small Port Authority Building located in
the Riverfront Marina adjacent to the public boat ramp, to help facilitate 24 hour emergency
capability, marina security, boating safety, and Savannah River environmental education and
protection, offered to the general public. Any river events, such as boat races and rowing regattas
shall have access to available dock space within the leased area to accommodate adequate river
safety and use.
"
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12. CITY MARINAS ACCEPTED "AS-IS". Together, with all appurtenances, Operator
acknowledges and agrees that it has inspected the City Marinas, its equipment and inventory,
prior to the execution of this Agreement, that it is aware of the condition of the City Marinas and
property thereof, as of the date of the execution of this Agreement, and Operator does accept the
City Marinas inventory, equipment, and marina related property "as-is."
13. GOVERNING LAW; VENUE This agreement shall be governed and interpreted by
the laws of the state of Georgia. All claims, disputes and other matters in question between all
parties arising out of or relating to this Agreement, shall be decided in the Superior Court of
Richmond County Georgia.
14. NOTICES. All notices, demands and requests which mayor are required to be given
by either City or Operator to the other shall be in writing and shall be deemed to have been
properly given when postage sent prepaid by registered or certified mail (with return receipt
requested) addressed as follows:
If intended for Operator:
Mobile Marine Inc
298 Prep Phillips Drive
Augusta, Georgia 30901
If intended for City:
Augusta Port Authority
# 15th Street
Augusta, Georgia 30901
And
Augusta, Georgia
Attn: Administrator
530 Greene Street
Augusta, Georgia 30911
15. Time is of the essence in this Agreement.
16. ENTIRE AGREEMENT This Agreement contains the entire Agreement of the
parties, and no representations, inducements, promises or agreements, oral or otherwise, between
the parties not embodied herein shall be of any force or effect. No failure of either party of any
obligation hereunder, and no custom or practice of the parties at variance with the terms hereof
shall constitute a waiver of either party's right to demand exact compliance with the terms
hereof.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
Attes
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By: Mic~el D Stacy
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