HomeMy WebLinkAboutRevocable License Agreement
Augusta Richmond GA
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DOCUMENT TYPE: ~~
YEAR: 9 q
BOX NUMBER: 'l
FILE NUMBER: \ L\ '6 ao
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'Harry~ D.-Revell
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990CT27 Pfi 4:52
Original Counterparts
REEL 663 PAGE 2361
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COUNTERPART OF
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SPC 603.19
REVOCABLE LICENSE AGREEMENT
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STATE PROPERTIES COMMISSION
OCT 2 1 W,\)
009271
REAL PROPERTY RECORDS
STATE OF GEORGIA,
COUNTY OF FULTON:
This REVOCABLE LICENSE AGREEMENT, hereinafter referred to as
IIAgreement II, is made this rtJ;st day of ~~
199q, 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.O. Box 38121, Capitol Hill Station,Atlanta, Georgia 30334-
0121, ATTENTION: Executive Director, Party of the First Part,
hereinafter referred to as IILicensorll, and the City of AUGUSTA,
RICHMOND COUNTY a public body created and existing under the laws of
. Georgia, whose address for purposes of this Agreement is Public
Works and Engineering Department, Land Acquisition Manager, 1815
Marvin Griffin Road, Augusta, Georgia 30906, Party of the Second
Part, hereinafter referred to as IILicenseell.
WIT N E SSE T H
T HAT
ORIGINAL REEL RECORDED
REEL 663 PAGE 2361
~IHP ID: 416557
DEFINITIONS
1.
USAGE, ABBREVIATIONS
AND
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 IILicensorll includes in its meaning the words
lIits members, officers and employeesll.
1.1.2 The word IILicenseell includes in its meaning the words
lIits officers, employees, representatives and agentsll.
1.3 The abbreviation "OCGAn means lithe Official Code - of
Georgia Annotated II .
1.1.4 The words IIrevocable licensell shall mean lithe granting,
subject to certain terms and conditions contained in a written
revocable license agreement, to a named person or persons
(Licensee), 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 all
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improvements 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, nor shall
a revocable license confer upon the Licensee a license coupled
wi th 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}". OCGA ~ 50-16-31(10).
1.1.5 The term "Revocable License Agreement" means "a written
instrument which embodies a revocable license and which
sets forth the name of the parties thereto and the terms and
condi tions upon which the revocable license is granted".
OCGA ~ 50-16-31(11).
1.1.6 The term "General Assembly" shall refer and include in
its meaning "of the State of Georgia".
1.1. 7 The words "State" and "Georgia" shall mean the "State
of Georgia".
1.1.8 The words "day", "month", and "year" refer to a
"calendar day", a "calendar month" and a "calendar year".
1.1.9 The words "terms and conditions" and "provisions" are
used interchangeably throughout this Agreement (expression of
one is inclusion of the other) and include in their meaning the
words "covenants", "agreements", "stipulations", "duties", and
"obligations".
1.1.10 The
words "revoke", "cancel", "terminate",
"cancellation", and "termination" shall mean the
Agreement, and Licensee1s rights created by this
"revocation" ,
end of this
Agreement.
1.1.11 The words "hereinafter", "hereinabove", and "herein"
refer to "in this Agreement".
1.1.12 The words "hereof", "hereto",
respectively refer to "of this Agreement",
and "under this Agreement".
and "hereunder"
"to this Agreement"
1.1.13 The term "attached hereto" includes in its meaning the
words "incorporated herein and by this reference made a part
hereof" .
1.1.14 The term "after notice" shall mean "after the date of
service of notice".
1.1.15 The word "execute" 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
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REEL 663 PAGE 2363
fully expressed.
1.3 For convenience, when referring herein to either Licensor
or Licensee, the third person, neuter gender "it" is used.
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 State'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,
subject 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 in the *6th GMD of Richmond County, Georgia, as
shown in red highlighting on the drawing marked EXHIBIT
"A" and attached hereto.
The licensed premises is presently under the custody of the
Department Human Resources.
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 whatsoever, of widening and improving certain drainage
ditches along Phinizy Road.
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 numbered 3 hereof, Licensee may use the licensed premises
during the period beginning on the date hereof and ending at 12:00
midnight. on the third anniversary of the date hereof. If not
revoked by Licensor, pursuant to section numbered 5 hereof, between
the date hereof and 12:00 midnight on the third anniversary of the
date hereof, then, ~ithout 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 numbered 2 hereof shall stand revoked.
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REEL 663 PAGE 23G4
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4.2 Licensee shall seek passage of a Resolution Act by the
2000 Regular Session of the General Assembly authorizing the
granting by the State, acting by and through the Licensor, of a
conveyance on similar terms, conditions and provisions for this
purpose.
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
Agreement 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 improvements and investments made, consideration paid, or
expenses and harm incurred or encountered by Licensee, this
Agreement and the privileges hereby conferred shall be subj ect to
absolute revocation by Licensor, with or without cause, upon notice
to Licensee as set 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 monetary
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 lien, 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
premises, 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 restoration or commence the repair or .restoration in
good faith within thirty (30) days after notice by Licensor with
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REEL 663 PAGE 2365
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
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 specific provisions hereof.
7.
SUBJECT 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 the same "as
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 I 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
Licensor
Licensee.
Agreement and the
to Licensee may not
revocable license
be assigned or
granted herein
transferred by
by
the
9.
NOTICES
All notices 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 specifies written notice) and the original of said
notice shall be delivered either: (a) by hand delivery to the
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REEL 663 PAGE 2366
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recipient party at such party I 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 said 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
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 thereof and the circumstances involved, shall be
deemed sufficient notice under this Agreement. Either party hereto
may from time to time, by notice to the other, designate a different
person or title, or both if applicable, or address to which notices
to said party shall be given.
10.
GENERAL PROVISIONS OF THIS AGREEMENT
10.1 The brief capitalized and underlined headings or titles
preceding each section 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
Agreement.
All time limits stated herein are of the essence of this
10.3 For the purpose of inspecting the licensed premises:
Licensee shall permit Licensor, wi thout 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 provisions
of this Agreement, and no custom or practice of either party hereto
at variance with the terms and conditions of this Agreement, shall
consti tute a wai ver 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 make, Licensor and Licensee partners in, of, or joint
venturers with each other, nor shall anything contained in this
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REEL 663 PAGE
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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.
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
provisions hereof shall be more strictly construed against one party
by reason of the rule of construction that an instrument is to be
construed 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
regula- tions 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, hereby 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
injunction, and by any other remedy available at law to Licensor.
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REEL 663 PAGE 2368
1I.
ENTIRE AGREEMENT
This Agreement supersedes all prior negotiations, discussions,
statements, and agreements between Licensor and Licensee and consti-
tutes the full, complete and entire agreement between Licensor and
Licensee with respect to the licensed premises and Licensee I 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, amending,
supplementing, modifying, adding to, deleting from, or changing the
terms and conditions of this Agreement. No modification of or
amendment to this Agreement shall be binding on either party hereto
unless such modification or amendment shall be properly 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
in our presence:
dfLness
COMMISSION
overnor Roy E. Barnes
as Chairman of the State
Properties Commission
~~~L
;'~\~j.:\ti~ia ltness, Notary
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g~&MYilcommiss,ioh ';;expires
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Atte
Ray Crawfor
as Execut e Director of the
State Properties Commission
Public
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(STATE PROPERTIES COMMISSION
AFFIXED HERE)
AFFIXED HERE)
SIGNATURES CONTINUED ON NEXT PAGE
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My Comm'3!ssion expires
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LICENSEE
REEL 663 PAGE 2369
City of AUGUSTA, RICHMOND COUNTY,
GEORGIA
(Seal)
Name
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REEL 663 PAGE 2370
~~ IN ~"'~
% N/F STATE OF GEORGIA %
CONSTRUCT NEW
DRAINAGE DITCH
490' +/-
CONSTRUCT NEW DRAINAGE
DITCH 150' +/-
ors nNO 01 TOI
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PHINIZY ROAD
11t 1830.20' ./- TO R/W OF BUIWl attD< llIlM:
~' -
INSTAll NEW
24" RCP
EASEMENT
THE COMMISSION. OF AUGUSTA, GA.
SIfOv.1NG A rERMANENT UTILITY EASEMENT AND A TEMrORARY CONSmUCTION EASEMENT TO BE ACOUIRED FROM lHE
STA TE Of GEORGIA. PROPERTY LOCATED IN TIlE 88th C.M.D.
RICHMOND 'COUNTY. GEORGIA
SCALE: I" = 40'
AUGUST 13, 199B.
40' 20'
o
40'
"'APHIC lICAI.[ H nn
PREPARED BY:
DEP ARTMENT OF PUBLIC WORKS
ROOM 701. UUNfCI'Al. 8lDO.., 830 ClR[[N[ tr.. AUCUSTA. 0,," JOtI1
/
/
/
/
JACK MURPHY - INTERIM DIRECTOR OF'
PUBLIC WORKS
EXHIBIT "A"
RICHMOND COUNTYJGA SUPERIOR COURT
FILED 27 OCT 1999 AT 04:52PM
98017.0WG
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