HomeMy WebLinkAboutRevocable License
Augusta Richmond GA
DOCUMENT NAME: '( ~\JCXOb'e- \, LeDSe-
DOCUMENTTYPE:~\(~
YEAR: ~l
BOX NUMBER:O--\
FILE NUMBER: \ 0~~
NUMBER OF PAGES: ----.li~
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._ -.A 1R t 1~ o~ l~e t.:19 ...._____ day of
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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
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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,
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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.
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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.
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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
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REEL 578 PAGE 569
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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
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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.
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"REEL 578 PAGE 571
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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,
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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
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Signed, sealed, and delivered
in our presence:
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WitnE~ss
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"'(,NGmAR!y~rjPuBLIC SEAL AFFIXED HERE)
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LICENSOR
STATE PROPERTIES COMMISSION
(Seal)
Atte eal)
. Ra Crawfo ~:Jr.,
. -' ,~, . .' ~ '\.'
as ExecutlV',e'. r~ctor of the
State Pr9P~rti~,st;Commission
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(STATE PROPERT,IE-5I\:ielOMMISSION SEAL
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LICENSEE
Name:
Title
(CORPORATE
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REEL 578 PAGE 573
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+- ~~ ---t.- Sl"~T_E ~IGH\\IA_Y - _NO. ~__~6i: - - - --~ T - -{
\ 4 TO AUeUSTA
, \ S 160_ :m'-oo. E 497,69:
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OF THE STATE OF GEORGIA -I.
( TAX MAp 133 , PARCEL 23.4)
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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.
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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
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SCALE IN FEET
_SCAL~: 1 "-.!I_I 00' _ _.
4/97
ACCORDING TO THE
MAPS. THIS PROPl
IN AN AP.!A HAV1N
. FLOOD HAZARDS.
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