HomeMy WebLinkAboutRisk Management Program
Augusta Richmond GA
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BOX NUMBER:
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OFFICE OF THE ADMINISTRATOR
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CHARLES R. OLIVER, PE CPA, ADMINISTRATOR ROOM 801 - MUNICIPAL BUILDING
530 GREENE STREET - AUGUSTA, GA 3091 I
WALTER S, HORNSBY, III, ASST, ADMINISTRATOR (706) 821-2400 - FAX (706) 821-2819
June 11, 1998
Mr. :Pat Cumiskey
General Manager
AugUlsta-Richmond County Civic Center
601 Seventh Street
Augusta, GA 30901
Dear Mr. Cumiskey:
This is to confIrm that Augusta-Richmond County, a political subdivision of the
State of Georgia, is under a Risk Management Program for public liability risks.
The Risk Management Program provides coverage for Augusta-Richmond County.
Augusta-Richmond County through its Risk Management Program will hold the
Augusta-Richmond County Civic Center Complex harmless from any and all
claims and costs resulting from the use of their property at 601 Seventh Street for
the Housing Fair '98 on June 13, 1998, provided, however, this agreement shall
not constitute a waiver of sovereign immunity as applied to Augusta-Richmond
County.
The :Risk Management Program will be responsible for any and all claims, and any
and all costs and expenses incurred including but not limited to reasonable
attorney's fees, losses, damages or liability asserted against the Augusta-Richmond
Coum:y Civic Center Complex with respect to the use of said property on said date.
If you have questions or I can be of further assistance, please do not hesitate to
call.
Sincerely,
~l~ K. O~~\
Char lies R. Oliver
Administrator
CRO/mrk
xc: Mr. John Etheridge, Director of Human Resources
Ms. Sandy Wright, Risk Management
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AUGUSTA RICHMOND COUNTY CIVIC CENTER COMPLEX
LEASE AGREEMENT
Thi:, Lease Agreement is made and entered into effective as of June 1, 1998 by and
between Le!ssor, LEISURE MANAGEMENT INTERNATIONAL, acting on the behalf of AUGUSTA-
RICHMOND COUNTY CIVIC CENTER COMPLEX, hereinafter referred to as "LMI" whose address
is P,O, Box 2306, Augusta, Georgia, 30903 and Augusta-Richmond County hereinafter referred
to as "Lessee", whose address is:
Authorized .Agent(s): The Honorable Mayor Larry Sconyers
Address: 530 Greene Street
Augusta, GA 30901
Telephone Number: (706) 821-1831
Fax Numbei":
WITNESSETH:
WHEREAS, Lessee desires to use space in the Augusta Richmond County Civic Center
and/or Bell P.uditorium in Augusta, Georgia ("the Facility") on the terms and conditions set forth in
this Lease Agreement;
NOW THEREFORE, and in consideration of the following promises, covenants and
conditions the parties hereto agree as follows:
1, GRANT OF RIGHTS AND TERM OF AGREEMENT.
1,1 Use of Facilities. LMI hereby leases to Lessee those areas of the Facility specified
in Paragraph 2,1 below on the dates and times as set forth in Paragraph 2,1. below for the
following use (each date is an "Event")
Housing Fair '98
Lessee may not use any portion of the Facility for any other purpose,
1,2 Term, This agreement shall commence June 1, 1998 'and shall continue until
June 13, 1998, at 12:00 a,m. subject to earlier termination in accordance with Paragraph 17,
below ('the THrm"), This Agreement shall be null and void if not signed and returned with required
deposit by June 5, 1998,
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2, AREAS. DATES AND HOURS OF USE, DEPOSITS AND FEES,
2.1 Authorized Areas, Lessee will be entitled to use the following areas of the Facility
on the datl3s and hours specified beginning with Event load-in at 8:00 a,m, on June 13, 1998,
Are:a Within Facilitv
Exhibit Hall
Mel=ting Rooms (e&f)
Dates/Performance Times
June 13, 1998/10:00 a,m. - 3:00 p,m.
June 13,1998/10:00 a,m. - 3:00 P.M,
Notwithstanding the foregoing, LMI reserves the right to control all lobby and common areas and
will permit l.essee to use those areas of the lobby and common areas only to the extent such use
is deemed by LM I to be necessary and appropriate for the event.
2,2 Rental Fees. Overtime fees and Other Charaes: Lessee shall pay LMI the following
License Fe13, Overtime Fee and Other Charges:
(a) Rental Fees: Exhibit Hall: six hundred dollars ($600,00) per day, Me~ting Rooms
(e&f): one hundred ($100) dollars per four (4) hour usage for eight (8) hours,
Total rental fee: eight hundred ($800) dollars, Rental fee includes the following
setup: meeting rooms (e&f) set theater style for 50 people each, Event hours:
10:00 a.m, - 3:00 p.m,
(b) Overtime Fees: LMI shall invoice Lessee and Lessee shall pay an Overtime
Fee of five hundred dollars ($500,00) per hour if the performance time exceeds
the 8:00 a,m, - 12:00 midnight time period,
(c) Other Charaes: LMI shall invoice Lessee and Lessee shall pay for all other charges
for services provided for an Event at the then existing prevailing rates ("other
charges").
2,3 Deposit. Upon execution of this Agreement by Lessee, Lessee shall pay LMI a
nonrefundable advance deposit in the amount of one thousand five hundred forty nine dollars and
thirty one cent. ($1,549.31). LMI will credit the amount of the Deposit against the last invoice which
LMI expects to issue to Lessee during the Term of this Agreement.
2.4 Payment Schedule, LMI and Lessee will settle all charges and rental fees related
to the Event Lessee agrees to pay LMI within 30 days of invoice, LMI may rely on the written
instructions of any agent of Lessee as to payment of funds 00- other persons on behalf of the
Lessee,
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(C1) If funds in the Box Office are not sufficient to pay estimated expenses, such
expenseH must be paid in full one (1) week prior to the scheduled event.
2,5, Canceled Events, Fc:lilure of the Lessee to use the Facilities on a performance day
for any reason, without ninety days written notice of event cancellation on multiple day events and
sixty daY~i notice on single day events, in no way relieves the Lessee from the obligation to pay the
Rental Fee and any other charges for the scheduled Event unless such failure was due to one of
the reasons set forth in Paragraph 13, below or unless LMI chooses to release the Lessee from
this obligc.tion, LMI may make such other use of the Facility on the date or dates of any canceled
Events and will credit to Lessee any sums received (less any administrative costs incurred by LMI)
for Rental Fees or Other Charges to the extent that such Rental Fees relate to the use of those
portions o'f the Facility covered by this Agreement and such Other Charges reimburse LMI for the
costs of services which LMI was to provide to Lessee,
2,Ei Failure to Pay, Failure to pay any invoice within 30 days of the billing date set forth
on the invoice shall constitute immediate breach of this Agreement by Lessee. In the, event of such
failure to make payments as required, it is agreed that LMI may, at its sole, discretion, cancel all
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remaining Events and retain all deposits received, apply such amounts to the amounts due and
owing to LMI pursuant to Paragraph 17 and LMI has any and all remedies available to it as outlined
in Paragra:Jh 17,
3, INSURANCE.
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3,2 Workers Compensation Insurance, If Lessee or any person or entity represented
by Lessee will have employees at the Facility, Lessee representS'and warrants that the applicable
Worker's Compensation Insurance required by law will be in force during the term of this
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per n or entity represented by Lessee that will be using a vehicle on the premises will
Automo 'IH Liability insurance with limits of not less than $500,000 per occurrence.
Additional Insured on Policies. The Comprehensive General Liability R
by this Agree nt shall name as additional insured Leisure Management I mational, the
Augusta-Richmon ounty Coliseum Authority and its respective officers, 'ectors, agents and
employees. Lessee sh I obtain the written agreement on the part of ea insurance company to
notify LMI at least thirty (3 days prior to cancellation or non-renew of any such insurance,
3,5 Evidence of Ins ance, With respect to each such icy or agreement, Lessee shall
maintain evidence of such insura e endorsements as may e required by LMI and shall at all
times deliver and maintain with LM spect to such insurance in a form
acceptable to LMI. Lessee agrees to pro 'de all req 'ed ce(tificates of insurance ten (10) days
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prior to moving the Event into the Facility, Fail e t ao so shall constitute immediate breach of this
Agreement by Lessee, It is agreed in that e n hat LMI, at its sole option, may terminate this
Agreement. LMI may also exercise any 0 II options' Paragraph 17,
3,6 Failure to Obtain Insu nce, Should Le ee fail to provide and maintain the
insurance re!quired by this Paragra 3, LMI shall have the op' n, but not the obligation, to obtain
any or all Cif such coverage der its own insurance, LMI do s not represent that acquired
insurance is sufficient to pr ct Lessee's interests or provide adequa coverage, In such event,
Lessee shall be invoice for the cost of this coverage plus a fifteen perc t administrative fee,
3,7 Effe on Other Remedies. The parties agree that the specifi
in this Paragraph 3 in no way limit the liability of the Lessee,
I insurance secured by Lessee will be issued by insurance companie
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Georgia nd reasonably accepted to LMI. ' .. '
Coverage required to be maintained by Lessee shall be deemed primary an
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Agreement.
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4. MERCHANDISE SALES, FOOD AND BEVERAGE CONCESSIONS. PARKING.
ADVERTISING RIGHTS AND SIGNAGE.
4,1 Merchandising Sales, Lessee shall be entitled to sell and dispense Merchandise
during Event:) through LMI's contracted concessionaire, but onlY to the extent that such relate to
Housing Fair '98, Gross revenues from the sale of such event related Merchandise shall be
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shared 35% for LMI and 65% for Lessee if LMI provides seller; 25% for LMI and 75% for lessee
if iessee provides sellers, Merchandise revenue split will be settled on the day of the show, Any
taxes, credit card fees and Merchandise security expenses shall be deducted from gross sales
prior to thE! split of revenues between Lessee and LMI will collect and remit required sales taxes
on behalf of lessee. Lessee will pay all other costs related to the Merchandise, Any Merchandise
not covere,d under this provision may be sold subject to the terms and conditions negotiated by
LMl's concessionaire on behalf of LMI.
(a) Merchandise, as used in this Agreement, shall be defined as, but not limited to,
printed material, clothing, photographs, souvenirs, records, tapes and other
novelties related to the Event. Merchandise shall expressly not include food stuffs,
beverages (alcoholic and non-alcoholic) or tobacco products,
4,2 Food and Beveraae Concessions, Food and beverage sales (including catering)
and distributions shall remain under the sole control of LMI and its designee. The decision to
provide food and beverage sales at any event rests exclusively with LM I,
(a) Lessee shall not have any control over the sale or distribution of food or beverage
products in or around the Facility at any time including during Events,
(b) Lessee shall not have or assert any right to share in the revenues or receipts from
such food or beverage concessions,
(c) Lessee, his employees, agents or assigns, shall not sell, give away, or bring into
the facility, any food, drink, tobacco, or any other article that conflicts with any
exclusive right herein given or retained by LMI, without the prior written consent of
LMI.
':-'6.
4.3 Parkina Concessions, Parking on the surface parking lots surrounding the Facility
shall remain under the sole control of LMI.. Lessee shall not have nor attempt to exert any control
over the parking at the Facility at any time including during Events and Lessee shall not have nor
assert any right to share in the revenues or receipts from such parking, LMI may lease all or any
part of the parking lots at the facility at any time at LMl's discretion,
4.4 Advertisina Riahts and Sianage, Advertising rights and signage in or around the
Facility shall remain under the sole control of LMI and its designees,
(a) Lessee shall not have any control over the advertising or signage in or around the
Facility at any time including during Events andLessee shall not have nor assert
any right to share in the revenues or receipts from such advertising rights or
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signage,
(b) Without limiting the foregoing, Lessee shall not cover, block or in manne'r obscure
the visibility of signage within the Facility, All Facility signage of LMI and its
designees will remain lit during all sporting events open to the public and at other
events when house lights are in use.
(c} Lessee will not install or permit the installation of any permanent or temporary
signage within or around the Facility without the consent of LMI which will not be
unreasonably withheld.
(d) All advertising by Lessee will comply with the Americans with Disabilities Act
("ADA").
5. LM I PROVIDED SERVICES AND EQUIPMENT.
5,1 House -Utilities, LMI shall provide customary heat, air conditioning and overhead
illuminatio" as normally available during Event days in the Facility at no additional charge to
Lessee, However failure to furnish sufficient overhead illumination because of circumstances
beyond thE! control of LMI shall not be considered a breach of this Agreement. Additional lighting,
heating and air conditioning required by Lessee will be charged to Lessee at the prevailing rate
based on c:lctual usage.
5,2 Event Utilitv Services,
(a) LMI agrees to make available to Lessee, either in-house or through LMl's designee,
up to its existing capacity, all electric power required, compressed air, natural gas,
water, sewer drains, and telephone service requested by Lessee or its exhibitors,
All charges arising from such services shall be charged to Lessee by LMJ or its
designee at the prevailing rate for connections and consumption of the requested
service subject to the terms and conditions set out in paragraph 2 above,
(b) LMJ or its designee will furnish additional services to Lessee such as labor, audio-
visual, sound, lighting, equipment, materials (to the extent of the existing inventory),
technicians, etc" at Lessee's request. All charges arising from such services shall
be charged to Lessee by LMI or its designee at the prevailing rate for such
additional services subject to the terms and conditions set out in Paragraph 2
above.
(c) Lessee agrees not to do any alterations of electncal wiring or to make connection
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to any electrical outlet on the premises and further agrees that jf such work or
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connection is required, Lessee will so notify LMI and submit in writing a plan of the
proposed alterations and connections and have such work done and such
connection made by. the person, firm or corporation selected by LMI, and at
Lessee's expense,
5,3 Facilitv Services,
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(a) LMI's personnel shall provide normal maintenance of all public areas which include
the seating bowl, lobbies, concourses, hallways and restrooms at no extra cost to
Lessee, Cleaning for expositions or trade shows shall consist of one sweep up of
the public aisles and/or space prior to the opening hour each day and shall include
the removal of normal rubbish from the premises daily,
(b) All janitorial and cleaning service beyond that described in subparagraph (a) above,
for each Event shall be charged to Lessee by LMI at the prevailing rate, subject to
the terms and conditions of paragraph 2 above.
(c) LMI will provide trash disposal receptacles for trash, debris and general packing
material. Costs to remove debris or trash not associated with the normal course of
business shall be charged to Lessee at the prevailing rate, Non-hazardous fluids,
chemicals, petroleum-based products, perishable items or any other non-dry
material must be disposed of in a manner prescribed by LMI.
(d) LMI will provide at the prevailing rate auxiliary aids to assist Lessee in complying
with the ADA at no cost to Lessee,
5.4 Event Services. Representatives from Lessee and LMI shall meet and agree upon
(although in the event of any disagreement between the parties, the decision of LMI shall be final)
other servicE~s which will be necessary for the Event including but not limited to the following:
(a) LMI or its designee will provide all event-related labor including but not limited to
ticket sellers, ticket takers, ushers, door guards, security agents, technicians related
to the scoreboards or public address system, stagehands, riggers, loaders, spotlight
operators, forklift drivers, receptionists, medical p_ersonnel and other staff as
required to set up, present and load out the, event. All such services shall be
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charged to Lessee at the prevailing rate, subject to the terms and conditions of
paragraph 2 above,
(b) Lessee shall be financially responsible for complete security in all areas of the
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Facility, including, without limitation, exhibit areas, meeting rooms, loading dock
areas, emergency exists and any storage areas during each Event. Security
services will be provided by LMI and will be charged to Lessee at the prevailing rate,
subject to the terms and conditions set ''out, in..paragraph 2 above. All security
arrangements are subject to approval by LMI.
(c) Lessee shall be responsible for compliance with Section 8-40 of the City Code of
the City of Augusta, Georgia, which requires LMI to have in attendance at the
Event, the number of firemen or police officers as the Chiefs of the Augusta-
Richmond County Sheriff Department and Augusta-Richmond County Fire
Department deem necessary. All such services shall be charged to Lessee at the
prevailing rate, subject to the terms and conditions of paragraph 2 above.
(d) LM I will provide all parking attendants and related services without charge to
Lessee, excluding security staff assigned to production parking areas.
(e) Lessee agrees that any change, alteration, or addition to the facility or to any
equipment of LMI desired by Lessee, shall be subject to the prior approval thereof
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in writing, by LMI and except as so approved shall not be permitted. In the event
of any such approved change, alteration or addition or of the installation, removal
or repla~ement of chair, stand or bleacher seats, the cost of said changes or
alterations, shall be born by the Lessee.
5.5 Definition of Prevailina Rate. As used in this Agreement, the term "the prevailing
rate" shall mean the standard rate for such services as established by LMI or its designee at the
time such service is provided. Such rates may be changed from time-to-time by LMI or the
designee providing such service with reasonable notice to Lessee.
6. TERMS AND CONDITIONS OF USE OF THE FACILITY.
LessE~e agrees to comply with all terms and conditions for use of the Facility as established
from time-to-time by LMI including the following:
6.1 Comoliance With Laws. Lessee shall, at its own expense, promptly comply and
cause its employees, agents, contractors, exhibitors, patrons and invitees to comply, with all laws,
ordinances, orders, rules, regulations and requirements of all federal, state, county and
metropolitan !~overnments, commissions and officers whenever applicable, all rules and regulations
of the Augusta-Richmond County Police Department and the-Augusta-Richmond County Fire
Department, and all policies, rules and regulations established by LMI for the use of the Facility.
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Such compliance shall include acceptance of and payment for auxiliary aids as required by the
ADA and submission of pyro permit thirty days prior to the' eveAr.', Lessee shall take such measures
as may be necessary to prevent smoking by any person in any portion of the premises other than
that area that may be designated by LMls general manager and will fully cooperate with LMls
manager in carrying out said no smoking policy. Lessee further agrees that LMls manager shall
have full control and direction of all persons necessary to enforce the aforesaid regulations and that
Lessee shall be responsible for the expenses associated with employing said person assigned to
Lessee's event. Such costs will be included at the time of settlement.
62 Building and Public Safety. Lessee agrees not to bring into the Facility any material,
substance, equipment or object which is likely to cause damage to the Facility, endanger the life
of, or to cause bodily injury to, any person in the Facility or which is likely to constitute a hazard
without the prior written approval of LMI and to cause its employees, agents, contractors,
exhibitors, patrons and invitees to comply with such restrictions.
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6.3 Access to Entrvwavs. Utilities. etc. Lessee shall not permit any chair or moveable
seat to be or remain in the passageways and will keep passageways clear at all times. No portion
of the sid:walks, ramps, entries, doors, corridors, vestibules, hallways, lobbies, stairways,
elevators, aisles or driveways shall be impeded by Lessee or used for any purpose other than
ingress or egress from the Facility. Access to public utilities, fire suppression equipment, heating
and air conditioning vents shall not be covered or obstructed at any time by the Lessee. The doors,
stairway, or openings that reflect or emit light into any place in the building and radiators and house
lighting attachments shall not be covered or obstructed by the Lessee except with the prior written
approval of LMI. The water closets or other apparatus shall not be used by the Lessee for any
purpose ot1er than that for which they were constructed. Lessee shall cause its employees,
agents, contractors, exhibitors, patrons and invitees to comply with such restrictions.
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6.4 Event Ooeration Plan. Prior to tickets going on ;sale or at least 30 days before the
first Event, whichever is the greater, Lessee shall provide LMI with an operational plan detailing all
pertinent information requested by LMI for the Event such as seating and physical layout, technical
and equipm ent requirements. For exhibition events, Lessee agrees to proVide a complete and
accurate floor plan subject to approval by the responsible fire marshall and Civic Center manager,
no later than thirty days prior to the Event.
Lessee shall contact George Croft at extension 508 for production assistance and Christine
Loftin at extl~nsion 502 for marketing assistance.
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6.5 Buildina Caoacity. Lessee shall not allow or permit admission to the Facility, a
larger number of persons that can safely and freely move about in the facility and the decision of
LMI in thi:5 respect shall be final.
6.13 Prohibition of Live Animals. Lessee shall not permit any live animal, reptile, fish or
bird to enter or remain in the Facility unless approved in writing by LMI. A guide dog
accompanying a blind person is excluded from application of this provision. All such animals so
admitted must at all times remain on a leash, within a pen, or under similar control.
6.? Obiectionable Uses or Persons. Any use of the Facility which is not in the best
interest of LMI, or is in violation of any law of the United States, the State of Georgia, or the County
of Augusta-Richmond, shall be a violation of this Agreement and shall be grounds for immediate
revocation of the Lease. Any person whose conduct is objectionable in LMI's sole opinion or in
violation of any law, shall be refused entry or shall be immediately ejected from the premises.
6.8 Intermissions. For all programs within the Facility lasting one hour or more, except
religious services and other engagements specifically excluded by agreement between LMI and
Lessee, an intermission of not less than 20 minutes shall be held, subject to modifications by LMI
when necessary to meet unusual conditions. LMI reserves the right to negotiate an additional fee
for modification of the intermission requirements.
6.9 Solicitations. No collection or donation whether for charity or otherwise, shall be
made, attempted or announced on the premises without the written approval of LMI.
6.1 I) Helium Balloons. No helium or Iighter-than-air balloons shall be permitted in the
Facility without the express prior written approval of LMI.
6.1'1 Abandoned Eauioment and Lost or Misolaced Articles. Any 'equipment or article of
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Lessee remaining past the expiration of the term of this Agreement may be considered abandoned
and may te disposed of by LMI as LMI deems necessary and at the cost of Lessee, after
reasonable notice to Lessee. LMI shall have the sole right to collect and have the custody of
articles left in or around the Facility by Lessee's employees, agents, contractors, exhibitors patrons
or invitees c:lnd to provide for the disposition thereof. LMI shall assume no responsibility for losses
suffered by Lessee, its employees, agents, contractors, patrons or invitees which are occasioned
by theft or disappearance of equipment, articles or other personal property in and at the Facility.
6.12 Cooyrights and Proorietary Material. Lessee warrants that no music, literary or
artistic work other property protected by copyright will be performed, reproduced or use, nor will
the name of any entity protected by trademark be reproduced or used during Lessee's use of the
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Facility unless Lessee has obtained written permission from copyright or trademark holder or an
authorized performance licensing association such as ASCAP or BMI. Lessee covenants to
comply strictly with all laws regarding copyrights, royalties and trademarks and warrants that it will
not infringE~ on any related statutory, common law, or other right of any person during its use of the
Facility. I:C:3:3CC will iR80mnify and Raid LMI :meJ its e#k13rs, :Jg13nts :md 13mpleyooG harmloGEl freFfl
<]11 claims, lassos, :attorney fGeg, ~ObJrt COitii, .nd d.r:t:llige~ \Alith reipeC't to iuC'h C'opyright ?nd
1"1rgpriet~I)' m~teri~1.
6.13 Broadcast Rights. LMI shall retain all, right~ to all broadcasting, telecasting,
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videotapin,~ and transcription of the Event. Lessee shall 'not engage in any broadcasting,
telecasting, videotaping, recording or transcription activity without prior written notice to LMI. LMI
reserves the right to run free of charge public address or video communication announcements,
announcements promoting other Facility events or LMI (or its affiliates) products or services. LMI
reserves the right to require Lessee to provide an audio program feed for the Facility assistive
listening device.
6.14 Recording. No recording, either visual or audio, of any kind shall be made of the
Event covered by this Agreement without prior written notice to LMI.
6.1 Ei LMls Right of Entry. In permitting the use the licensed areas of the Facility, LMI
does not relinquish and does hereby retain the right to enforce all necessary and proper rules for
the managE!ment and operation of such area. Duly authorized represent'il~!ves of LMI, including
all members; of the Coliseum Authority, may enter the areas to- be used and any other areas of the
Facility at any time and on any occasion without any restrictions. All facilities, including the area
which is the subject of this Agreement, shall at all times be under the charge of LMI.
6.16 Ticketed Events. Lessee shall retain the right to determine ticket prices, including
any discounts and the right of complimentary ticket distribution; provided, however that if LMI
reasonably believes that Lessee is abusing these rights in any manner, LMI may require Lessee
to thereafter obtain-the written approval of LMI, which shall not be unreasonably withheld, as to all
of Lessee's ticket policies and practices and any modifications of or exceptions to those policies
and practice.s. Before an event goes on sale LMI must have all production requirements. Sales
of all tickets shall be made in accordance with the Augusta-Richmond County Civic Center Box
Office Terms and Policies, a copy of which is attached hereto and incorporated by reference herein
as Attachment a. Current rate sheet, b. Estimate attached to ,c911tract c. Ce~ificate of insurance,
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subject to sLlch changes therein as LMI, in its reasonable discretion, may deem necessary or
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appropric:lte from time-to-time.
6.17 Residual Matters. Any matter not expressly covered by the foregoing provisions of
this AgreE~ment or by applicable policies, rules and regulations adopted by LM I shall be determined
by an authorized officer or employee of LMI in hislher discretion. LMI reserves the right to change
such Terr1s and Conditions in writing from time to time. Lessee shall receive written notice of any
changes.
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6. '18 Riggina ReauirementslWeight Loads. Lessee acknowledges receipt of the rigging
requiremEmts/guidelines for the Facility. Rigging and loading not in compliance with these
requireme~nts/guidelines is not permitted. If Lessee violates the rigging requirements/guidelines,
Lessee will be solely responsible for all damages resulting from such violation. Lessee is expressly
prohibited from placing or causing to be placed any load limits in excess of four thousand pounds
per squarE! foot in the arena, exhibit hall or meeting rooms of the Civic Center. All other areas of
the complex are limited to one hundred pounds per square foot. Any violation of this clause shall
constitute a breach of this agreement.
7. INDEMNIFICATION.
or invitees 0 other person entering the Facility with the implied or expre
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8. WAIVER OF SUBROGATION.
Each party hereto hereby waives any and every claim which arises or may arise in its favor
and against the other party hereto during the terms of this Lease or any extension or renewal
thereof for any loss of damage to any of its property, which loss or damage is covered by valid and
collectible fire and extended coverage insurance policies to the extent that such loss or damage
is recovered under said insurance policies. Said waivers ~hall be in addition to, and not in
derogation of, any other waiver or release contained in this Agreement with respect to any loss or
damage to property of the parties hereto. Inasmuch as the waiver will preclude the assignment of
any aforesaid claim by way of subrogation (or otherwise) to an insurance company (or any other
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person), Lessee is advised to give each insurance company written notice of the terms of such
waiver, and to have insurance policies properly endorsed, if necessary.
9. .E;)(PENSES. TAXES AND FEES.
Lessee agrees to pay promptly any and all expenses arid obligations of every character and
description incurred in connection with or relating to Lessee's use of the Facility and to pay
promptly any and all sales, use, excise and any other taxes and any ticket taxes or user fees
required by any governmental authority and shall obtain at its own expense all permits and licenses
required by law in connection with its use of the Facility. Applications for pyro permits must be filed
a minimum of thirty days prior to the event and failure to do so may result in denial of said permit
and a bre.ach of this agreement.
10. DEFACEMENT OF FACILITY.
It is understood and agreed that LMlleases to Lessee the authorized area in the Facility
"as is" and that the Lessee will make, at its own expense, all changes, alterations, installations and
decorations therein that are previously agreed to by LMI, and that Lessee will restore, at its own
expense, the Facility to the same condition in which it existed~p.rior to any alterations made therein.
~"':"
Lessee shall be responsible for any costs to repair or replace property at the Facility damaged or
lost during the dates of Lessee's use of the Facility. Ordinary wear and tear, or by other cause
beyond control of Lessee, is excepted. ' Lessee shall not injure nor mar, nor in any manner deface
the Facility and shall not cause nor permit anything to be done whereby the Facility shall be in any
manner, injured, marred or defaced, nor shall drive, or permit to be driven, any nails, hooks, tacks
or screws, in any part of the Facility. Lessee specifically agrees to be responsible for any and all
damage to the Facility, caused by the acts of lessee or Lessee's agents, servants, employees,
patrons or :luests, whether accidental or otherwise.
11. FAI~URE TO VACATE/REMOVAL OF PROPERTY.
Upon the expiration or sooner termination of this Lease Agreement, Lessee shall
immediately remove all goods, wares, merchandise, prop~rty and debris owned by Lessee or which
. . ,...
Lessee has placed or permitted to be placed on or at the Facility. Any such property not so
removed shall be considered abandoned, and procedures set forth in Paragraph 6.11 above will
be in force at the discretion of LMI.
12. NON-DISCRIMINATION.
Lessee agrees not to discriminate against any employee or applicant for employment
because of race, creed, ancestry, sexual orientation, disability, color, sex, religion or national origin,
13
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and further agrees not to discriminate for the same afo,~ementioned reasons against any person
or persons in connection with admission, services, or privilegesoffered to or enjoyed by the general
public.
13. FORCE MAJEURE.
If the Facility or any part of the Facility is destroyed or damaged by fire or any other cause,
or if a labCir dispute, major structural, mechanical, plumbing or electrical failure, closure of the
Facility by governmental authority or any other casualty or unforeseen occurrence renders the
fulfillment of this Agreement by LMI impossible or impracticable, then this Agreement shall be
suspended for the duration of such condition or terminated if such condition is expected to continue
indefinitely or through the remainder of the Term of this Agreement. In the event of any such
termination, the Lessee shall be liable for license fees, charges for support personnel and services,
additional utility charges which have accrued only as the time of termination:~nd all other deposits,
rental fees paid by Lessee shall be returned by LMI, provided, however, if such impossibility of
performance shall be due to the act or omission of Lessee, its agents, employees, members, or
invitees, then Lessee shall be liable for all fees charged hereunder as well as any and all accrued
charges in addition to such other damages as may result from such acts or omissions. Lessee
hereby waives any claim for damages or compensation from LMI on account of such termination.
14. NON-EXCLUSIVE USE.
LMI shall have the right to use or permit the use of any portion of the Facility not granted
to Lessee under this Agreement to any person, firm or entity regardless of the nature of the use
of such other space. This right shall be subject to LMl's prudent business judgement.
Lessf~e understands and agrees that during the term of this lease other events, attractions,
conventions, expositions may be held in other parts of the building and it is understood and agreed
that such other events can be held, serviced or moved .in or out of the building during the term
, '~~I ,:,. '
hereof even though they may cause inconvenience to Lessee. Lessee agrees that during the term
hereof it will operate its event, attraction, convention of exposition as a self contained unit within
the Facility and will not suffer or permit its agents, employees, licensees, tenants, visitors or others
using the Facility to enter upon events, attractions, conventions or expositions held in other portions
of the building. Lessee further agrees that LMI may employ at Lessees expense, guards or
watchmen necessary in its judgement to effectuate this provision.
15. HAZARDOUS SUBSTANCES.
Lessee, its employees and agents, and any exhibitors, patrons, invitees or other
14
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.....
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";:~~i: .
participating in the Events covered by this Agreement are prohibited from bringing any hazardous
substance, or any material, substances, equipment or object which is likely to endanger the life of,
or to cause bodily injury to, any person on the premises, into the Facility, the areas surrounding
the Facility or onto LMI property and are prohibited from allowing any hazardous substance to be
brought into the authorized Areas or onto LMI property. As used in this paragraph, "hazardous
substancl~" has the meaning given that term in (OCGA 912-8-22 (12)). If any governmental
authority or other third party demands that a cleanup plan be prepared and that a cleanup be
undertaken because of the release of hazardous substances that occurs as a result of Lessee's
use of the Authorized Areas or entry on LMI property, Lessee shall, at Lessee's expense, prepare
and submit the required plan and all related bonds and other financial assurances, and respective
members, officers, directors, agents and employees against any claims, costs and expenses of any
kind, whether direct or indirect, incurred voluntarily or pursuant to any state or federal law, statute,
regulation Jr order, for the cleanup, extraction, detoxification or neutralization of any release of any
hazardous substance associated with or arising from the Lessee's use of the Authorized Areas or
entry on LMI property. Lessee's obligations under this paragraph survive termination or expiration
of this Agreement.
16. ASSIGNMENT.
Lessee may not assign this Agreement or any interest therein or permit the use of the
Facility or any part thereof without the prior written approval of LMI. Any attempted assignment
without such written prior approval shall be null and void.
If Lessee is a corporation, the transfer of a majority of its outstanding capitol stock shall
constitute an assignment of this lease within the meaning of this paragraph. The event described
under paragraph 1.1 shall not be presented by any name or description other than that herein
above designated, nor shall lessee use any name other than that stated in this lease in the
operation OJ' said event without the prior written consent of LMI.
17. DEFAUL TBY LESSEE AND LMl's REMEDIES.
Lessee shall be in default of this Agreement if Lessee fails to pay any amounts due under
the terms of this Agreement, breaches any provisions of this Agreement or any other written
agreement between Lessee and LMI including payment of fees and maintenance of required
insurance in strict accordance with this Agreement, violates any applicable laws or ordinances
during its u~;e of the Facility or should dissolve or cease doing business as a going concern or
become insolvent or bankrupt. Upon such default by Lessee, LMI may have one or more of the
15 ';1;~:.
r . .', 1
following remedies, in its sole discretion, and LMI, and its manager, agents and employees shall
in no way be responsible to Lessee for pursuing said remedies.
17.1 Declare the entire amount of the balance due under the terms of this Agreement
payable :mmediately.
1'7.2 Refuse to allow Lessee to take possession of the Facility.
1'7.3 Reenter the leased area(s) without being liable for damage therefore and relet the
leased area(s) or any portion thereof, or operate the same for the balance of the Lease Agreement
period, receive rents due and apply them first to any expenses of making LMI whole and, second,
to any expenses incurred for reentering the premises and reletting the leased area(s).
1 j'A Terminate the Lease Agreement by giving the Lessee written notice of such
terminatic n which shall not excuse breaches of the Lease Agreement which have already occurred
and may ,-eenter the leased area(s) as in Paragraph 17.3 above.
17.5 Pursue any other remedies available to LMI either at law or equity. No single or
partial ex.ercise of a right or remedy shall preclude any other or further exercise of a right or
remedy.
17.6 LMI may withhold and apply, without the necessity of resorting to any legal action,
to any claim it may have against Lessee, all sums, receipts or deposits which may be in the
possession of LMI for or on behalf of the Lessee.
17.7 LMI may, at its sole option, also terminate any other contract(s) with Lessee.
,,'
18. GOVERNING LAW AND CHOICE OF FORUM.
This Agreement shall be governed by and construed in accordance with the laws of
Georgia. Any action or proceeding arising out of or in connection with this Agreement or the
conduct, acts or activities of the parties hereunder shall be brought in the Superior Court of the
State of Georgia in and for Richmond County and both parties hereby submit to the exclusive
jurisdiction of that court and consent to venue in that court for any such actions or proceedings.
19. SEVERABILITY.
If any provision of this Agreement shall be declared invalid or unenforceable, the remainder
of the provisions shall continue in force and effect to the fullest extent permitted by law.
20. WA,VER.
No waiver by LMI of any default shall operate as a waiver of any other default on a future
occasion of the same default. No delay or omission by LMI in exercising any right or remedy shall
operate as a waiver thereof, and no single or partial exercise of a right or remedy shall preclude
16
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any other or further exercise thereof, or the exercise of any other right or remedy.
21. ATTORNEY FEES.
In :ase any suit or action or proceeding in bankruptcy court is instituted by either party
, ,
hereto arising out of this Agreement, the prevailing party in such litigation including any appeal shall
be entitled, in addition to the costs and disbursements provided by statute, to reasonable attorney
fees (as determined by the court on trial or appeal) which shall not be less than 10% of the principle
amount owed.
22. DELIVERY OF NOTICES.
Any notice, request, demand, or any other communications to be given to any party
hereunder shall in writing, sent by registered or certified mail as follows:
To LMI:
Patrick Cumiskey
General Manager
Augusta-Richmond County Civic Center Complex
P.O. Box 2306
Augusta, Georgia 30903
with a copy to:
Sam G. Nicholson
Legal Counsel ". .
: d ,:-t.
Augusta Richmond County Coliseum Authority
P.O. Box 2305
Augusta, Georgia 30903
To Lessee: at the address provided above in this Agreement.
Either party may change such address for delivery of notice by written request to the other party.
23. LESSEE'S ASSUMPTION OF RESPONSIBILITY.
Lessee expressly assumes full responsibility for all persons connected with Lessee's use
of the Facility, including all its employees, agents, contractors, patrons, invitees and any other
participants in Events.
24. TIME IS OF THE ESSENCE.
25.
Time is of the essence to this Agreement.
ENTIRE AGREEMENT.
': I ^.~~;~ .... t-
Except as provided in paragraph 15, this document contains the complete and exclusive'
agreement between the parties, and is intended to be a final expression of their agreement. No
promise, representation or covenant not included in this document has been or is relied upon by
17
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any party.
26. HEADINGS.
ThH headings used in this agreement are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope of this' Agreement nor the extent of any
provision thereof.
27. OTHER SPECIAL CONDITIONS.
(a) Current rate sheet attached to cover letter.
APPROVAL OF CONTRACT: This Agreement is not binding upon LMI until signed on
behalf of LMI. It will be effective on the date it is executed by LMI.
LESSOR:
LESSEE:
By:
Leisu~e Ila?eme~ 'nteflatiFna~
By: l/rd~ IQ. ~
ksJ.. 'c/( Cumi&:I(oy
Tifle: Gem~ral Manaaer
Date ~~IVU- III I qqp,
(LuA)
No modification or audit of this agreement shall be in force or effect unless in writing executed by
all parties he:reto.
..........-lDOro~
'Tl\lI IU1fit\tncy a 01' .
~~\plJ8 ~~Ol
'QilI'fiI'r"_ SIlU.
l,,1
18
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AUGUSTA...~~ICHMOND COUNTY CIVIC CENTER ESTIMA,TE
, .
.
, ,
Event
Date
Housing Fair '98
Jun 13, 1998 through
TOTAL ESTIMATED EXPENSES
$1,549.31
I. Rental Fee
Includes:
Location
Exhibit Hall; MR(e&f)
Event Status Contract Pending
E. Hall mntal fee: S600 per day. Meeting room (e&f): $100 per four (4) hours. Total rental fee: $800 per day.
Rental fe!e includes the following setup: meeting rooms (e&f) set theater style for 50 people each. Event hours:
10 am - :3 pm.
ESTIMATED RENOVATION FEE
$1 per sold ticket priceD greater than $10
50 cents per sold ticket priced $10 or less
B TOTAL FLAT RENTAL FEE
$800.00
,- ,
l._ ~
Setup Rate Event Days Event Day Rate Applicable Discount
Total By Area
Space
In Out
Days
E Hall 1 $600.00 $600.00
MR(e&f) 1 $200.00 $200.00
II. House Labor Charges
I _L ~_
_ ....nn...
Unit Plice Staffing
Level
H Labor Cost
Hours
- I
:uuS6 See $10.00 1 8 $80.00
I
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OUSE LABOR TOTAL
S80,OO
III. Stage Labor Charges
Stage Labor
SL Unit SL Staffing SL Hours SL Cost
Price Level
"
EJectrian/ln $8.80 1 4 $35.20
Sound/ In $8.80 1 4 $35.20
Elec/Event $9.50 1 5 $47.50
Sound/Event $9.50 1 5 $47.50
EleclOut $8.80 1 3 $26.40
Sound/Out $8.80 1 3 $26.40
PR Chg. $47. 11 1 1 $47.11
STAGE LABOR TOTAL
$265.31
Civic Center Expense Estimate
-;, . Q~'. -
~
..
:: ..
IV. Public Safety Charges
V. Ticketmaster & Other Charges
City Required
Staff
Police Fire PF Staffing
Unit Price Level PF Hours
PF Cost
Expense
Amount
City Police $14.00 1 5 $70.00
Fire $14.00 1 5 $70.00
PUBLIC SAFETY TOTAL
$140.00
TOTAL OTHER CHARGES
VI. Service Setup Fees
VII. Catering
Equipment
Sl!tup Equip
Unit Price No
Period
Setup Cost
Tables $ti.OO 40 1 $200.00
Chairs $0.50 80 1 $40.00
Power/110 volt $€.OO 4 1 $24.00
Power/208 volt $12.00 1 $0.00
VIII. Notes
This is a preliminary estimate.
The expenses could be more depending on the
actual event requirements.
Two (2) registration tables with table cloths,
skirting and two (2) chairs at each table.
All food & beverage must be handled by
Masterpiece Creations.
We look forward to working with you.
Type of Estimate Preliminary
EQUIPMENT TOTAL
Created
4/2198
5/29/98
$264.00
Modified
TOTAL ESTIMATED EXPENSES
$1,549.31
Estimated for
Francine Parham
See Notes for what is included/excluded from this estimate. Subject to change with alterations in event requirements.
Prepared by:
Linda I~oberts
PLEASE BE AWARE lliA T EVENT LIABILITY INSURANCE IS REQUIRED. EXACT TERMS ARE OUTLINED IN lliE CIVIC CENTER CONTRACT.
j..
Civic Center Expense Estimate
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~c:~",!PT!Q!,! OF OP:.'1AT1CNSiLOCl.TlONSNEijlO.E.51SPEC:AL Ir~'.lS - In . 1 A t Ri hm d County Coliseum
u~.":'itional IusUl:ed:: LeLSure .Management,' ternat~ona, ugus a- c, on
..-,-;horit.y ,~and:: i.ts, r~~p~ct~:v_e' ::pff,~cers.~':d~e'!:J:prs ,,:.:,age~~'p: ..an~ e~~oyees~ ., '. . ,'"
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sHout.O At(( OF THE ABOVE DESCRI8ED POUC:ES, BE ~NC2..l.ED 8EFORE mE
EXPI~AnON DATE THEFiEOF, THE ISSUING COMPANY WiU E.'IDEAvCR TO MAIL
1 0 DAYS 'NFUITi:N NonCE TO THE Ci:RTIF1Cl. Ti: HOUlE.'1 NAMED TO iP.E lEi,
eUT FAILURE TO MAIL SUCi NOTICE SHAU IMPOSE .'10 CBL.:~ TICN CR L!Ae!UTY
OF ANY XIND UPON THE COMPANY, ITS Aqarrs OR RE?RESE.'m ~tES,
AUTHOR[ZE) RE?RESEHTATlVE'
'.' John Doe"
,: :::-;;::ATE HOLDER
L~!su!"'e Management International
4_....!:;~sta-Richmond County Coliseum Authority
o Box 2306
A.~;~;;ta, GA 30903
.:ORD 2:-5 (1/95)
@ AcaRD CCRPORATION jgea
.~
JUN-12-8B 15.18 FROM,FIRST UNION AUGUSTA
10,7.,8B232885
.:,
First Union Natlonal Sank
01 Georgi~
699 Broad Slr~~t
Po..,>t Of1ice fJo..c 1211
Augu3ta. Georgia 30913
I
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F~~N
June 12. 1998
I
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Ms. Linda Roberts
Augus.ta-Richmond County Civic Center
601 Seventh Street
Augusta, GA 30901
I
Dear Linda:
First U~ion will be covering the expenses of the facility for the
HomebUyer's Fair being held on Saturday, June 13, 1998 in the
Exhibition Hall at the Civic Center, Please forward the final invoice for
the facility to my atten:ion at the fOllowing address:
!
First Union National Bank
PO Box 1211
Augusta, GA 30913-1211
Thank you.
Sincerely,
v:~
Kellay Cornish
Community Liaison
I
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00: Ken Woods, First Union/Atlanta
Francine Parham. Augusta-Richmond County H&ND
PAGE
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