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HomeMy WebLinkAboutRevocable License Augusta Richmond GA DOCUMENT NAME: '( ~\JCXOb'e- \, LeDSe- DOCUMENTTYPE:~\(~ YEAR: ~l BOX NUMBER:O--\ FILE NUMBER: \ 0~~ NUMBER OF PAGES: ----.li~ " .~. ~ ~_' .' ' ~~. h' ff' ,. 3;::4 ._ -.A 1R t 1~ o~ l~e t.:19 ...._____ day of '. .,'. . , '~Q._J~;.~?) 1~91'.z.J ~. .,..-JI'~'# RECORDED ..' tf .....,..."..:-:,::-::-:,=~-~ STATE PROPERTIES COMMISSIOIN' ~!k I ~OV 2 4 1997 Original '009QOl REAL PROPERTY RECORDS RETURN TO: HaFry D., Revell 45'4 Greene St. of 2 Executed Counterparts REEL 578 PAGE 565 COUNTERPART OF I- ir~~n6~ SPC 602.81 STATE OF GEORGI1\, COUNTY OF FULTON: ORIGINAL REEL RECORDED REEL 578 PAGE 565 WIP 10: 334590 ".: 0:..: t~ { REVOCABLE LICENSE AGREEMENT This REVOC~LE LICENSE AGREEMENT, hereinaft~ referred to as "Agreement" , i:s made this rJt:J- day of {{({!71JI5~~ , 1997, date of this Agreement, by and between the STATE PROPERTIES COMMISSION, a public body within the Executive Branch of the State government of Georgia, whose address for purposes of this Agreement.~ is P. 0, Box 38121, Capitol Hill Station, Atlanta, Georgia 30334-0121, ATTENTION: Executive Director, Party of th~ First Part, hereinafter referred to as "Licensor", and AUGUSTA/ RICHMOND COUNTY, GEORGIA, a public body created and existing under the laws of Georgia, whose address for purposes of this Agreement is Richmond County Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, Party of the Second Part, hereinafter referred to as "Licensee". l'fl.TN~.s.s~TH THAT 1. JJSAGE. ABBREVIATIONS AND DEFINITIONS '-- 1.1 As used in this Agreement, the following words, terms, and abbreviations set forth in this section numbered 1 refer to, or mean, or includE~ in their meaning, the following: 1.1.1 The word "Licensor" include~ in its meaning the words "its members, officers and employees". 1.1.2 The word "Licensee" includes in its meaning the words "its officE~rs, employees, representatives and agents". 1.3 The abbreviation "OCGA" means "the Official Code of Georgia Annotated". 1.1.4 ThE~ words "revocable license" shall mean "the granting, subject to certain terms and conditions contained in a written'revocable license agreement, to a named person or persons (L~censee), and to that person or persons only, of a revocable personal privilege to use a certain described tract of ... [State owned real] property to be known as the licensed premises for a named purpose. Regardless of any and allimprovl=ments .and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, a revocable license shall not confer upon the Licensee any right, title, interest, or estate in the licensed premises, o o c..o o o ~ , .' REEL 578 PAGE 566 nor shall a revocable license confer upon the Licensee a license coupled with an interest or an easement. A revocable license may be revoKed, canceled, or terminated, with or without cause, at any time by the Licensor (Commission) II. OCGA ~ 50-16-31 OLO) . 1.1.5 The term II Revocable License Agreement II means lIa written instrument which embodies a revocable license and which sets forth the name of the parties thereto and the terms and conditions upon which the revocable license is grantedll. OCGA ~ 50-16-31(11). ; 1.1.6 The term IIGeneral Assemblyll shall refer and include in its meaning lIof the State of Georgiall. 1.1.7 The words II State II and IIGeorgiall shall mean the "State of Georgia". 1.1. B The words II day II , "month" , and lIyear" refer to a "calendar day", a "calendar monthll and a IIcalendar year". 1.1.9 The~ words "terms and conditions" and "provisions II are used interchangeably throughout this Agreement (expres~ion of one is inclusion of the other) and include in their meaning the words "'covenants", "agreements", "stipulations", "duties", and "obligations". 1. 1.10 ThE~ "revocationll , end of this Agreement. words "revoke", "cancelli, "terminate", "cancellation", and "terminationll shall mean the Agreement, and Licensee's rights created by this 1 .1.11 Thf= words IIhereinafterll, IIhereinabovell, and IIherein" refer to lIin this Agreementll. 1.1.12 The words IIhereofll, respectively refer to lIof this and lIunder this Agreementll. IIheretoll , Agreement" , and II hereunder" lito this Agreementll 1.1.13 The term lIattached heretoll includes in its meaning the words II incorporated herein and by this reference made a part hereof II . 1.1.14 Th.e term lIafter noticell shall mean lIafter the date of service of noticell. 1.1.15 The word lIexecute" shall mean the signing, sealing and delivery of this Agreement. 1.2 All words used in this Agreement include in their meaning the masculine, feminine, and neuter gender; singular and plural number; and present, past and future tense; and all appropriate grammatical adjustments shall be assumed as though in each case fully expressed. 1.3 For convenience, when referring herein to either Licensor or Licensee, the third person, neuter gender lIitll is used. - 2 - o o ctJ o o ,.... ;. .' . \ REEL 578 PAGE 567 2 . LICENSED PREMISES Licensor, subject to the terms, conditions and provisions hereinafter set forth, and pursuant to OCGA ~ 50-16-42, and to the extent the Statl=' s title permits, and for and in consideration of the payment by Licensee to Licensor of the sum of $10, the receipt and sufficiency of which are hereby acknowledged by Licensor, hereby grants to Licensee and Licensee hereby accepts from Licensor, subj ect to said terms, conditions, and provisions and compliance with OCGA ~ 50-16-42, and payment of said consideration, a revocable license to use, only for the purpose hereinafter set forth in section numbered 3 hereof, the following described real property, hereinbefore and hereinafter referred to as the "licensed premises", to wit: That portion of State owned real property situate, lying and being at the intersection of State Highway 56 and Phinizy Road in Richmond County, Georgia, as shown in red highlighting on the drawing marked EXHIBIT "An and attached ht=reto. The licensed prl=mises is presently under the custody of the Georgia Department of ~Jvenile Justice. 3. USE OF LICENSED PREMISES At its sole cost, expense, risk and responsibility, Licensee shall use the licensed premises only for the purpose, and for no other purpose 1llhatsoever, of improving the intersection of state Highway 56 and Phinizy Road in Richmond County. 4. DURATION 4.1 Subject to section numbered 5 hereof, and only as long as Licensee uses the licensed premises for the purpose permitted in section numberE!d 3 hereof, Licensee may use the licensed premises during the peri.od beginning on the date hereof and ending at 12:00 midnight on the third anniversary of the date hereof. If not revoked by LicE:nsor, pursuant to section numbered 5 hereof, between the date hereof and 12:00 midnight on the third anniversary of the date hereof, then, without the necessity of Licensor giving notice to Licensee, at 12:00 midnight on the third anniversary of the date hereof the revocable license granted by Licensor to Licensee in section numbere:d 2 hereof shall stand revoked. 4.2 Licensee shall seek passage of a Resolution Act by the 1998 Regular Session of the General Assembly authorizing the granting by the State, acting by and through the Licensor, of a permanent nonexclusive easement on similar terms, conditions and provisions for this purpose. - 3 - o o c.c o o ,... .~ REEL 578 PAGE 568 5. REVOCATION This Agreement merely grants to Licensee a revocable license. Licensee, by its acceptance and execution of this Agreement, hereby acknowledges that the making, execution and delivery of this Agree- ment by Licensor does not confer upon Licensee any right, title, interest, or estate in the licensed premises nor confer upon the Licensee a license coupled with an interest or easement in the licensed premises, and Licensee is estopped from claiming any such right, title, interest, estate, license coupled with an interest, or easement in the licensed premises. It is expressly understood and agreed by Licensee that this Agreement confers upon Licensee, and only Licensee, a mere personal privilege, and regardless of any and all improvememts and investments made, consideration paid, or expenses and haTIITl incurred or encountered by Licensee, this Agree- ment and the privileges hereby conferred shall be subj ect to absolute revocation by Licensor, with or without cause, upon notice to Licensee as SE~t forth in section numbered 9 hereof. Following revocation, this Agreement shall become null and void, and Licensee shall have no right whatsoever to be or remain on the licensed premises or to a return of any of its hereinabove set forth'mone- tary payment. Licensee, at its sole cost and expense, shall have sixty (60) days after notice of revocation within which to remove its facilities from the licensed premises, and Licensee hereby covenants and agrees to remove the same therefrom and to restore the licensed premises to as good or better condition as when received hereunder. Any property of Licensee remaining on the licensed premises at the end of said sixty (60) days shall be deemed abandoned by Licensee and shall belong to and be the absolute and sole property of the State without further notice, action taken, instrument or conveyance executed or delivered, and without liability to make compensation therefor to Licensee or to any other person whomsoever, and shall be free and discharged from any and every liem, encumbrance, claim and charge of any character created, or attempted to be created, by Licensee at any time. 6. DAMAGE TO LICENSED PREMISES AND STATE PROPERTY Licensee hereby agrees that if any property of the State is damaged as a result of the exercise by Licensee of the revocable license herein granted, then, at the election of Licensor, Licensee either shall repair or restore the property or the licensed prem- ises, or both, as the case may be, or shall pay the costs thereof, as determined by Licensor. Licensee shall pay the cost of such repair or restora.tion or commence the repair or restoration in good faith within thirty (30) days after notice by Licensor with repair or restoration to be completed by Licensee within ninety (90) days after notice by Licensor. Revocation of this Agreement shall not relieve Licensee of its obligation to pay for the cost of repair or restoration of the damaged property. If notice to repair, restore, or pay costs is served subsequent to a notice of revocation previously served by Licensor, Licensee shall have only until the - 4 - o o CJ:) o o .... REEL 578 PAGE 569 , .. expiration of sixty (60) days after notice of revocation in which to effect such repair or restoration or to pay the cost thereof. This general provision is, cumulative of all, other remedies Licensor may have, including spe~i~ic provisions h~r~of. 7. ~;UBJECT TO APPROVAL BY ANY APPROPRIATE STATE REGULATORY AGENCY SUBJECT TO PRIOR GRANTS CONDITION OF LICENSED PREMISES Licensee accepts this grant of revocable license subj ect to approval by any appropriate State regulatory agency that the proposed use of the licensed premises meets all applicable safety and regulatory standards and requirements. Further, Licensee accepts this grant of revocable license subject to all ownership, prior permits, licenses, landlord and tenant relationships, easements, leases, and other rights or interests affecting the licensed premises whether the same be of record or not, and the revocable license granted herein by Licensor to Licensee shall be exercised by Licensee so as to avoid interference with any of the said prior permits, licenses, landlord and tenant relationships, easements, leases, or other interests. Licensee acknowledges that it has fully inspected the licensed premises and accepts t~e same lias is". Licensor shall have no responsibility at any time to Licensee for the condition of the licensed premises and shall have no duty to the Licensee or to its licensees, invitees or trespassers concerning Licensee's use of the licensed premises or their entry on the licensed premises. Licensor makes no covenant of quiet enjoyment of the licensed premises whatsoever. 8. ASSIGNMENT OR TRANSFER This Agreement and the revocable license granted herein by Licensor to Licensee may not be assigned or transferred by the Licensee. 9. NOTICES All noticeB required by the provisions of this Agreement to be secured from or given by either of the parties hereto to the other shall be in writing (whether or not the provision hereof requiring such notice spl:!cifies written notice) and the original of said notice shall be delivered either: (a) by hand delivery to the recipient party at such party's address; or (b) sent by United States Certified Mail - Return Receipt Requested, postage prepaid, and addressed to the recipient party at such party's address. If sent by United States Certified Mail - Return Receipt Requested, the sender of Baid notice shall request the United States Postal Service to "show to whom, date, and address of delivery" of said notice on the returned receipt. The day upon which such notice is hand delivered or so mailed shall be deemed the date of service of such notice. The parties hereto agree that, even though notices, where applicablE!, shall be addressed to the attention of the person or title, or both if applicable, hereinabove set forth, valid and - 5 - o o CJ:) o o ~, -'. REa 578 PAGE 570 perfected delivery of notice shall be accomplished under this Agreement even though the said named person or the person holding said title is not the person who accepts or receives delivery of the said notice. Any notice, hand delivered or so mailed, the text of which is reasonably calculated to apprise the recipient party of the substance thE!reof and the circumstances involved, shall be deemed sufficient notice under this Agreement. Either party hereto may from time to l:ime, by notice to the other, designate a differ- ent person or title, or both if applicable, or address to which notices to said party shall be given. 10. GBNERAL PROVISIONS OF THIS AGREEMENT 10.1 The brief capitalized and underlined headings or titles preceding each sE~ction herein are merely for purposes of section identification, convenience and ease of reference, and shall be completely disregarded in the construction of this Agreement. 10.2 All time limits stated herein are of the essence of this Agreement. 10.3 For the purpose of inspecting the licensed premises, Licensee shall permit Licensor, without giving prior notice, to enter on the licensed premises during either Licensor's regular business hours or Licensee's regular business hours. 10.4 No failure of either party hereto to exercise any right or power given 'to said party under this Agreement, or to insist upon strict compliance by the other party hereto with the provi- sions of this Agreement, and no custom or practice of either party hereto at variance with the terms and conditions of this Agreement, shall constitute a waiver of either party's right to demand exact and strict compliance by the other party hereto with the terms and conditions of this Agreement. 10.5 This Agreement shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia. 10.6 Nothing contained in this Agreement shall make, or be construed to ma]<.e, Licensor and Licensee partners in, of, or joint venturers with each other, nor shall anything contained in this Agreement render, or be construed to render, either Licensor or Licensee liable to a third party for the debts or obligations of the other. 10.7 If any provision of this Agreement, or any portion ,thereof, should. be ruled void, invalid, unenforceable or contrary to public policy by any court of competent jurisdiction, then any remaining portion of such provision and all other provisions of this Agreement shall survive and be applied, and any invalid or unenforceable portion shall be construed or reformed to preserve as much of the original words, terms, purpose and intent as shall be permitted by law. - 6 - o o (.0 " o ,.. . " "REEL 578 PAGE 571 . ~ -. 10.8 Should any provision of this Agreement require judicial interpretation, it is agreed and stipulated by and between the parties hereto that the court interpreting or construing the same shall not apply a presumption that the terms, conditions and provi- sions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be con- strued more strictly against the party who prepared the same. 10.9 This Agreement is executed in two (2) counterparts which are separately numbered and identified (No. 1 is for Licensor and No. 2 is for Licensee) but each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. 10.10 In the enjoyment of the revocable license herein granted by Licensor to Licensee and of the rights and privileges incident thereto, Licensee shall at all times comply with all applicable laws of Georgia and of the United States, all applicable rules and regulations promulgated pursuant to any and all such laws, all applicable recommended standards, and all applicable local ordinances, including, but not limited to, codes, ordinances and recommended standards now or hereafter promulgated, and all applicable local rules and regulations and recommended standards promulgated pursuant to such codes and ordinances. 10.11 The revocation of this Agreement shall not operate to cut off any claims or causes of action in favor of Licensor or Licensee which occurred or arose prior to the effective date of such revocation. 10.12 Licensee, by its acceptance and execution of this Agreement, here:by acknowledges that it has not been induced by any representations, statements, or warranties by Licensor including, but not limited to, representations or warranties with respect to title to the licensed premises or the condition or suitability thereof for Licensee's purpose. 10.13 In its occupancy and use of the premises, Licensee shall not discriminate against any person on the basis of race, gender, color, national origin, religion, age, or disability. This covenant by Licensee may be enforced by termination of this Agreement, by i.njunction, and by any other remedy available at law to Licensor. 11. ENTIRE AGREEMENT This Agreement supersedes all prior negotiations, discussions, statements, and agreements between Licensor and Licensee and constitutes the full, complete and entire agreement between Licensor and Licensee with respect to the licensed premises and Licensee's use and occupancy thereof; no member, officer, employee, representative, or agent of Licensor or Licensee has authority to make, or has made, any statement, agreement, representation, or contemporaneous agreement, oral or written, in connection herewith, - 7 - o o c.tJ o o ~ .. 't ..' .' ..~ . " REEL 578 PAGE 572 amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement. No modifica- tion of or amendment to this Agreement shall be binding on either party hereto unless such modification or amemdment shall be proper- ly authorized, in writing, properly signed by both Licensor and Licensee and incorporated in and by reference made a part hereof. IN WITNESS WHEREOF, Licensor and Licensee, acting pursuant to and in conformity with properly considered and adopted resolutions and acting by and through their duly authorized hereinafter named representatives, have caused these presents to be executed, all as of the date hereof. Signed, sealed, and delivered iJ;;lit~ Unofficial Witm:!ss clL~ itness, Notary Public My Commission expires .-._ i,i_'~~f~ ;~'..~\'." Notl1!y'iPtit)',1.9~~.c:oweta County, Goor51~ , ;M.Y;9R~!'lISSlQ!l)Expires JIJly 17, 1998 ",.,'~ '~;::::: cO;: i.i;l>;~~~~i: .'.;f~X9~~f;~'J:~:IC ,,:~,~~~,~.AFFIXED '.,. " "'.} IIil.J~ """ ~"~-, , ~;j {,;'t~'~ ,.",,~';,~~:~~Y,:,":L<:fi::::'" ~ -l~~t' "". ,,,,~,.{;:,,:,,,.it'j,,;:,~> . ~f,' ~~: l} ~ "~"'_~''''~ ... I"'~..' .(; ".." ~ . 'j r'~~ i~"'i' .. :. ~. '.. - "'~~ilJ'--':;!-:' ~.~, "- " "- (.'0"", '>:~f~;I......-.,. '~""'" ~?,... :..~:\:... ;.:,...~\ v",. '.Clf'A...."'.'. .! l '~.'!,..", ,:~, \,.t .~ HERE) Signed, sealed, and delivered in our presence: l1nM~ WitnE~ss ~~~,., . "Ie ;,i:'y", . ~ ,,\f;, h j~ ':~-:e r,r:. ',t;l ...,,-,' '. 'l-t}. ~,~,,-,. ~~~ '\0 , ",' . ,~.. ~"'I' ,,;....1l\...~ "". #. . .f/Gmf]:,Ci~'al-'W.J,t:;n 8, Notary PubllC ~ :.~ ~.{ ,., ...p>T""(<IJ~.. ".~~: ~ -. t'-.-.1.r? ~.~. J.~F"'~'-~ !e'!.'~ "i'" ~ .1 .i:J"'Y;\t,Cpmlhi.s:'s~orr expires ~ .*\:~~~Piibtit~~ircc:unty, Georgia -...... +~'~" '."I'.'-'E' :Ji.' n "?nn1 -::;.. ";co"', My C9RlRlI6f 00' ~...Ir<." ~r'c /~, J,,!~'rr;,:,~~...~'..:'~~.o<i~~~~\' ~.t "'(,NGmAR!y~rjPuBLIC SEAL AFFIXED HERE) '~~~:;;~~~: '~'it,!!!,. i ~ ~ \ t ~ \\\' LICENSOR STATE PROPERTIES COMMISSION (Seal) Atte eal) . Ra Crawfo ~:Jr., . -' ,~, . .' ~ '\.' as ExecutlV',e'. r~ctor of the State Pr9P~rti~,st;Commission \\,;\.~~.'~!l' _.';I';";':;~~f,'l.:'~ - ,\ ~,;;-~ ') ~ ..::h'"\i1' t ":1f~' ~~, I ,.\; ,.cv} ,'. "~~"~~~'~ ~'., . ii.~it:,J,t" . (STATE PROPERT,IE-5I\:ielOMMISSION SEAL , ~~Ft~~,~ED' HB~:?~~~ ". ,. ") ~; '~~ tL~.':. f' . !i~~'!'~~!~~ . ."~:!. ...~:~~.... ~Z~~~:~'~,:~,t~~~'i~i~f ...... ....\\\.-:' ~>;\,:-'(".,t.\\,~" .' '.-" . " ~~ :'" . ., LICENSEE Name: Title (CORPORATE - 8 - o o C1' o o ~ (' .r~~~,:,;t",,: J,.;.,-:I \ I~~': \.. .- , Surveyors REEL 578 PAGE 573 ~ Ii ~ ~~ +- ~~ ---t.- Sl"~T_E ~IGH\\IA_Y - _NO. ~__~6i: - - - --~ T - -{ \ 4 TO AUeUSTA , \ S 160_ :m'-oo. E 497,69: N 730-;0~~.-~Y -:(ABAHD6~E6 IO'I~E1S00r-H-U~~~~.ll.!" 36i8!,~S.~~XT.--'- ",- ~ --'40.00"'- L _ N 160_ 3O~ 00 W .._ REQUIRED AlW - _ 460.07 __ ~ NEW 10' 8ELL900TH UTILI TV EASEMENT ~ C\J ~ ,..; ~ ,., -/_ STATE :HOSPI TA L AUTHORITY OF THE STATE OF GEORGIA -I. ( TAX MAp 133 , PARCEL 23.4) I I . 8 . , ~ >- IN ,- .<: '- i:x .'Q J " I I ! N 60_ 25~54"W 30.00' RIGHT OIF WAY PLAT IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND RAS BEEN PREPARED IN ACCORDANCE W FIELD CLOSURE PRECISION - ONE FOOT IN 20000 FEET . FIELD ANGULAR ERROR PER ^NGLE POINT - OO-OO~05. ADJUSTED BY: NO RULE. I T"Al1 EXH\B\ A ~ ~ AUGUSTA - RICHMOND COUNTY T FOR: BOARD OF COMMISSIONERS ORI!" f !~)) In': ZEL OCATION: PLAT SHOWING THE LOCATION OF REQUIRED RIGHT OF WAY THROUGH THE PROPERTY OF THE STATE HOSPITAL AUTHORITY OF THE STATE OF G~ORGIA. E IPMENT : TOPCON GTS- 304 REFERENCES: RICHMOND COUNTY TAX MAPS 144 6 14~ PLAT DATE: 6/6/97 PLAT CLOSURE: 1/40000 ~o SCALE IN FEET _SCAL~: 1 "-.!I_I 00' _ _. 4/97 ACCORDING TO THE MAPS. THIS PROPl IN AN AP.!A HAV1N . FLOOD HAZARDS. o I ~ ,~LE~I~~O~~cg2~N~~ g~~R~ SUPERIOR COURT ~ECORDED 03 DEC 199? L 99? AT 04: 30Ptl > I' 'I, , " -..., 7)- tie IL l"~ "~t 3~Jf~t; ...... \ '-J .i.. . , I "-'::l ::;-.'1_ _E\3'~ ;- ~ ~,-:: ,5:. .;'i.'" .., " J