HomeMy WebLinkAboutRichmond County
Augusta Richmond GA
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DOCUMENT TYPE:
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YEAR: ... ;rl19
BOX NUMBER: / D
FILENUMBER /4?Cf &
NUMBER OF PAGES:
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STATE OF GEORGIA
LEASE AGREEMENT
RICHMOND COUNTY
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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
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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,
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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
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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
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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.
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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.
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[SIGNATURES CONTRINUEO ON
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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:
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