Loading...
HomeMy WebLinkAboutRichmond County Augusta Richmond GA DOCUMENT NAME: f!;el~o~/&~1j I ree),fL 1- DOCUMENT TYPE: , YEAR: ... ;rl19 BOX NUMBER: / D FILENUMBER /4?Cf & NUMBER OF PAGES: 1 .' JHI'I-14-2000 15: 33 P.02/08 " ., STATE OF GEORGIA LEASE AGREEMENT RICHMOND COUNTY . .~~ TJ'lis Lease Agreement made and entered into on this the ~ day of ~(,~~999, by and between Augusta, Georgia, hereinafter referred to as "Landlord" and Charles Thompson, of the State of Georgia, County of Richmond, hereinafter referred to as Tenanf', WITNESSETH: The landlord, for and in consideration of the premises and of the rents agreed to be paid by Tenant as hereinafter set forth and in further consideration of the stipulations, provisions, covenants, agreements. terms and conditions herein . stated unto Tenant for a term of three (3) years commencing on the 1it day of January. 2000. and ending at 12:00 midnight on the 31st day of December, 2002, those certain premises. hereinafter referred to as uLeased Premises", being situated in Richmond County, Georgia, and being a portion of what is commonly referred to as "Big Farm", said Leased Premises containing 153 acres, more or " less, of cultivatable farm land, together with the right of ingress and egress theretoj and being the shaded parcels shown upon a plan of the Big Farm property prepared by ZEL Engineers, Inc. a copy of which is attached hereto as "Exhibit A" and by reference incorporated herein for a more particular description of the Leased Premises, Tenant does hereby this day rent, take and hire from Landlord. upon the said stipulations, provisions. covenants, agreements, terms and conditions herein stated for the above-desclibed term, those certain leased premises, more fully described above, together with the lights of ingress and egress granted above. 1. The tract of land known as "Big Farm" contains 928 acres. The landlord reserves the right to utilize the remainder of the Big Farm not covered by this Lease (i.e., the portion not shaded on the attached plat) for any purpose. The landlord also reserves the right of ingress and egress across the leased premises. , 2. Tenant shall pay to Landlord as rental payments during the term of this Leas~ the sum of $6885. Said rental shall be paid in two (2) equal semi-annual install,ments of $1147.50 to be paid on or before July and December of each year during the term of this Lease. Such rental for January 1, 2000 through December 31, 2000, is hereby waived in exchange for Tenant granting to Landlord. its contractors. subcontractors, and authorized agents. ingress and egress over and 1 .JAN-14-2000 15: 34 P.0.3/08 i" , . across Tenant's adjoining lands to Lover's Lane during the construction of the . Landlord's Constructed Wetlands Project during calendar year 2000; Said rental payments are to be delivered by Tenant to the Landlord, clo Collector of Revenues, Augusta-Richmond County Municipal Building, Augusta, Georgia, or at such other address as may be designated by the Landlord. The Landlord and the Tenant hereby acknowledge and agree that there exist approximately 153 cultivatable acres within the leased premises and that the above rental payments were calculated at the rate of Fifteen Dollars ($15.00) per year per cultivatable acre during the term or this Lease. 3. Tenant shall use the leased premises for the cultivation of row crops in accordance with good land management practices and for any other lawful purpose. and no alteration, severance of timber, improvements. erections or additions thereto shall be made unless written consent of the Landlord is first obtained. No other right, title or interest in said leased premises is acquired by Tenant except as specifically stated above. 4. The Landlord and the Tenant hereby acknowledge that time is of the essence of this Lease Agreement. 5. All notices, statements, demands, requests, consents, approvals, or authorizations given by either party to the other shall be in writing and sent by United Statas Mail postage prepaid and addressed as rollows: To Landlord, the same shall be sent to: City Administrator 801 Augusta Municipal Building Augusta, Georgia 30911 To Tenant, the same shall be sent to: Charles A. Thompson Thom~son Farms 3418 Heather Drive Augusta, Georgia 30909 However, the parties may from time to time designate in writing an alternate address. 6. The use of the words "Landlord", uTenanr, or ."party" shall be construed to inClude the singular or plural, male or female, corporation, partnership, 2 JHH-14-2000 15:34 r .I::.I'V~O association, or individual and the necessary grammatical changes required to make the provisions hereto apply shall in all cases be assumed as though in each case fully expressed. 7. Should Tenant at any time be in default in the payment of rent and fail to remedy such default within seven (7) days after notice thereof from Landlord; or should Tenant at anytime be in default in the performance of any of the stipulation, covenants, terms, conditions, agreements, or provisions of this' Lease Agreement and fail to remedy such default within ten (10) days after notice thereof from Landlord; or if Tenant is adjudicated as bankrupt; or if a permanent receiver is appointed for Tenant's property, including Tenant's interest in the leased premises. and such receiver is not removed within thirty (30) days after notice from landlord to Tenant to obtain such removal; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; or if Tenant makes an assignment for benefit or creditors; or if the leased premises or Tenant's effects or interest therein should be levied upon or attached under process against Tenant. and not satisfied or dissolved within thirty (30) days after written notice from landlord to Tenant to obtain satisfaction thereof; then, if any of the above said events, landlord at its option, may at once, or within three (3) months thereafter (but only during continuance of suchdefsult or condition) terminate this Lease Agreement by notice to Tenant without normal demand being necessary, whereupon this lease Agreement shall end. None of the foregoing time periods shall be deemed to extend the term of the lease Agreement. After an authorized assignment or subletting. the occurring of any of the foregoing events shall affect this Lease Agreement also if caused by or happening to the assignee of subtenants. Upon such termination by Landlord, Tenant will at once surrender possession of the premises to landlord and remove all of Tenant's effects therefrom. and landlord may forthwith reenter the premises and repossess itself thereof and remove all persons and effects therefrom using such force as may be necessary and without being guilty of trespass, forcible entry, detainer, or other tort. 8. At the expiration or termination of the Lease Agreement, Tenant $hall not use or remain in possession" of the leased premises and shall surrender the leased premises to Landlord in good condition. natural wear and tear only excepted. Any holding over or continued use and/or occupancy of the lease premises by Tenant after the expiration or termination of this Lease Agreement without the written consent of the Landlord shall create a tenancy at sufferance. In the event Tenant shall become Tenant at sufferance, Tenant shall remain subject to and bound by all the stipulations, provision, covenants. agreements, terms and conditions ofthe Lease Agreement including the obligation of Tenant to pay to landlord rent at the rate stipulated herein. Any other provisions of this 3 }I:u'.1-14-2008 15: 3S P . 1::15/08 Lease Agreement notwithstanding, there shall be no renewal whatsoever ofthe Lease Agreement by operation of law. 9. Tenant shall permit Landlord, its agents or employees, to enter into and upon the leased premises at all reasonable times for the purpose of inspecting the premises to determine if Tenant is complying with all his obligations hereunder. 10. With the prior written consent of Landlord first having been had and obtained, Tenant may make, at his own cost and expense, such other improvements. erections, additions and alterations as are necessary to adapt the premises for Tenant's use. All temporary improvements, erections and additions installed in or placed upon the leased premises by Tenant shall continue and remain the property of Tenant, and may be removed by Tenant, in whole or in part, at any time before the expiration or termination of this Lease Agreement If Tenant removes any or all of the temporary improvements, erections and additions he has installed in or placed upon the leased premises. Tenant agrees to repair any and all damage directly resulting to the leased premises from such removal. 11. Tenant shall and w~1 use and occupy the leased premises. and shall not vacate or abandon the leased premises at any time during the term of the Lease Agreement. If Tenant does abandon, vacate or surrender the leased premises, or is dispossessed by process of law, or otherwise, any personal property or trade fixtures belonging to Tenant and left on the leased premises shall be deemed to be abandoned, and at the option of the Landlord, and shall become the property of Landlord. 12. Tenant shall not commit, or suffer to be committed, any waste upon the leased premises nor shall Tenant create or permit any nuisance or illegal acts upon the leased premises. Tenant shall maintain gates across all roads providing access to the leased premises and keep the same locked at all times (except when being entered by Tenant or his sub-tenants or employees in connection with the farming operation or by Landlord, lts contractors, subcontractors, and authorized agents as provided in paragraph 2 hereof) so as to prevent any trespass or unlawful entry upon the leased premises. 13. Tenant acknowledges that he has fully inspected the leased premises and that the leased premises are in satisfactory condition for the use intended. Tenant further acknowledges that no representation or walTanty as to the condition of the leased premises has been made to him by Landlord, its agents .. JAH-14-2000 15:35 1-' . IJb/lQl:J , .j . .. '4 or employees. or by any other person. Landlord makes no warranty whatsoever as to the present condition of the lease premises. Except as required by Article 11. all repairs necessary to make the leased premises safe or suitable for use by Tenant shall be made by Tenant at Tenant's own expense. 14. Tenant shall not assign this Lease Agreement. nor any interest therein, and shall not sublet the leased premises nor any part thereof to any part thereof to any party or parties other than Fred Chavous and/or Richard Williams without the written consent of Landlord first having been obtained. The Landlord agrees to not unreasonably withhold such consent. however, no such assignment or sub.lease shall relieve Tenant of his obligations to Landlord hereunder. Tenant's assignee or sub-tenant shall not use the leased premises for any other purpose than that stated hereinabove. The Landlord hereby retains the right to assign this lease agreement. 15. Tenant hereby agrees to pay in full, as they shall become due. all utility bills, water bills, and license fees, if any resulting from the use of the subject property by the Tenant. If Tenant does not, after reasonable notice having been given, pay any of the above-stated items, Landlord may pay the same and such payments shall be added to the month's rent next thereafter to become due, and shall become a part of said rent. 16. In the event all or any portion of the leased premises shall be condemned by publiC authority other than Landlord under the power of eminent domain or if settlement for such taking or damaging shall be made by the parties herein in order to avoid such con.demnation, Tenant's obligation to continue the payment of the prescribed rental shall not cease; however, both Landlord and Tenant shall have the right and duty independently to seek, recover, or settle their own claims against such condemning public authority for damages caused to each party by any such condemnation. 17. All rights, powers and privileges conferred in this Lease Agreement upon the parties hereto shall be cumulative of and in addition to those given by law. 18. Tenant agrees that all personal property placed by Tenant upon the leased premises shall be at the risk of Tenant only and that Landlord shall not be liable for any damage thereto or theft thereof. 5 JAN-!4-200C 1S:37 1-'. i<)"(/l<:Jb t- i' . . 'J " J damage to crop or for the loss of any crop as a result of the termination of this lease upon such notice.. Landlord shall not be liable for fertilizer or chemical costs for land removed from this lease. 26. This Lease Agreement constitutes the full, complete and entire agreement between and among the parties hereto; no agent, officer or representative of Landlord has authority to modify the same without written approval of Landlord. 27. Tenant agrees hereby to indemnify, save and hold the Landlord harmless from and against any and aU claims or legal actions arising out of or in any way connected with the use by Tenant or any of his subtenants, licensees or invitees of the herein leased premises. Tenant specifically agrees to obtain and maintain general liability insurance in an amount not less that Five Hundred Thousand Dollars ($500,000.00) per person and On~ Million Dollars ($1,000,000) per accident. which insurance shall cover any such accidents or incidents which may occur on the leased premises and Tenant further agrees to have the Landlord names as an additional insured with regard to any and all policies of insurance so obtained. In Witness Whereof, both Landlord and Tenant have hereunto executed, signed, and delivered this Lease Agreement on the day and year above written as the date of these presents. : ........." - ,.... .-" "..,., ..,: . ~mmtssi9n expires: .:.. ~A1rJfiC. AteIlmond Colmty. C'~1I '.~ - ~ ~~JflK.~.'1:""It'fte t'\n.A JL ~ltVi' [SIGNATURES CONTRINUEO ON NEXT PAGE] - 7 JHH-14-2000 15:37 . . ..-~ .". . . , Signed, Sealed and Delivered on the __ day of __ ,1999 in Richmond County, Georgia, in the presence of: Notary Public, Richmond County, Georgia My commission expires: r . 1:101" 1;:10 r. "7 ~~. ~ /k ChariesT mpSO~for~pso~ )~ Farms e TOTAL P.08