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HomeMy WebLinkAboutRevocable License Agreement Augusta Richmond GA DOCUMENT NAME:~0Jac..0.\c;\e.- \\ c:.e...r- de..- Q~reQ..~ DOCUMENT TYPE: ~~ YEAR: 9 q BOX NUMBER: 'l FILE NUMBER: \ L\ '6 ao '. UL- NUMBER OF PAGES: -.... ...." " . _ .., 1.;, . . . . t 1 -:;~ti..." : '-- . -...-'" . "'e.turn to: 'Harry~ D.-Revell \- ,L[5'~)icrf;~:~S_t~ .. " f. ! L L, ~ H 1;;1 ~_; ,.:-- ~ H:~ C ;~ i C ~ '~< ); <~ ; t i ~~I .'.~ I -.( No. ;1. of 2 Executed 990CT27 Pfi 4:52 Original Counterparts REEL 663 PAGE 2361 ~~ \5~:::~~ \ r~r- :.!;; ;. ;' ;\i: :,~ ~/ ~~ ([ii.~( T COUNTERPART OF ;t~ SPC 603.19 REVOCABLE LICENSE AGREEMENT ni:.\.MKOlU 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 - 1 - o o ~ l'" otJ ~ " , .-; , F.:EEL .-....~ PAGE 2362 " t,Ij.~. 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 - 2 - \~ o C~ J''' ~ ~ .; '. .' -.... 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. - 3 - o o ~ l'~ ~ ~ REEL 663 PAGE 23G4 ." 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 - 4 - o o ~ h" ~ ~ . ,. ~'. .' , . 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 - 5 - o o (f) l'J '.! ~ REEL 663 PAGE 2366 . '='" 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 - 6 - o o ~ a'~ otJ ~ , . . REEL 663 PAGE .......-- '::'.':,b{ 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. - 7 - o o ~ 1" ~ ~ ..... ,. 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 j~~:~:zk~:.~.' . . " g~&MYilcommiss,ioh ';;expires ~ J;,Nff~\' ~ '.,.lc~~'tt~ t :~.. \.1f 'i" . . {l~~;"'''' 3' :;~~.. ];;,~ . ~.~~\\: ~~;\I.' ?;' } ;~ ~~~.:~ ~;~j~.: : . Atte Ray Crawfor as Execut e Director of the State Properties Commission Public .._,,"'or..... t.l"<' ,.... ."r "rJ,. (STATE PROPERTIES COMMISSION AFFIXED HERE) AFFIXED HERE) SIGNATURES CONTINUED ON NEXT PAGE - 8 - o o ~ a-..., ~ jda ;; " . . '~~'I;/~. . Name' ',.75eL.kiv,:b'Jq L ~{{ II wtf O~fici~.t~I\ Witness, Tltle~in(NI.sT~4-T7l.E' br. ~: '(.~! ,I My Comm'3!ssion expires ':~!.,:',~.ti3' " ; ,. . . ~'PubNc;,~chmond (;(lunry. Georgia . ,.' \~"'.nmmlSslen Exohs Doc. 5 2001 5 ",,~'~'s'tJ 1(,::9,; :~~ ~'~'..-,:,;:~,:-:.'.,\ :;; ~ :h~O"rARy.':PUBLI~ SEAL AFFIXED HERE) '~X::\~~iS~~~~~i . ,..... ~\,~~~?;- " . ,':...1'" LICENSEE REEL 663 PAGE 2369 City of AUGUSTA, RICHMOND COUNTY, GEORGIA (Seal) Name Cf~ (Seal) .":',=~\~~:~~~",:" '.0:7~',' .,' l';,\"y- ", ,,'. ~~i~t.... Public ,i~:,~~,d"\':~" ..,-,d ~ t')~";~':f.t~'{l:, ~"':,'V," ...' ""..~ '~~.I ~ ~".~t~;f...."~:~.,.~,~!.;..~.(~,;.,t.~,~.'.\1 .'" , ..' \.: It. '!J,\.'~~ ~'.~ ~. ~ -','" . ~ 1;<' 1~P~'., . t) 'C.;;-- " (CORPORATE SEAL AFF~IXEF;tI~.RE)".'<' Ef,i"~" , 7- "::.~J!~'~~~~;/t,~..," "f"\C~~~-i! '. .. ~~. Notary 9 ~ .. ... ': ~;.. ~ '/ i o o (~ ~\J --J i-l. ..: 'i " " g " tJ .t~ REEL 663 PAGE 2370 ~~ IN ~"'~ % N/F STATE OF GEORGIA % CONSTRUCT NEW DRAINAGE DITCH 490' +/- CONSTRUCT NEW DRAINAGE DITCH 150' +/- ors nNO 01 TOI -..-..-..-..-..-.-..-..-..-..-..-..-..-..-.. 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 IO~A/~ .' 'I' .j' : ' :-- ~ .. :;'- ;...' ;'1~ .. ~.';' ,;-