HomeMy WebLinkAboutRiverwalk Antique Depot Inc
Augusta Richmond GA
DOCUMENT NAME:
f), 11/ ()() I;/J.IU~ J)~Do+Inc.
n I V~( Vt)o- " -r -f:;;, U
DOCUMENT TYPE: U- 0r.e.e fr"li' +
YEAR: ! 91&
BOX NUMBER: I
FILE NUMBER: J? 7-.57
NUMBER OF PAGES:
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STATE OF GEORGIA
LEASE AGREEMENT
RICHM0ND COUNTY
THIS LEASE, made this 1st day of March, 1996, by and
between THE TRUSTEES OF THE 1949 RETIREMENT ACT OF THE CITY COUNCIL
OF AUGUSTA, hereinafter referred to as II Landlordll, and RIVERWALK
ANTIQUE DEPOT, INC" hereinafter referred to as IITenantllj
WIT N E SSE T H:
1.
Premises.
The Landlord, for and in consideration of
the rents, covenants, agreements, and stipulations hereinafter set
forth, to be paid, kept and performed by the Tenant, does hereby
lease unto the said Tenant, and said Tenant hereby agrees to lease
and take upon the terms and conditions which hereinafter appear, the
following described property (hereinafter referred to as the
IIpremisesll), to-wit:
ALL that portion of the Southern Railroad
Building (a/k/a Norfolk Southern Building)
outlined in green (containing a total of 17,262
square feet) shown on the drawing dated
08/07/89 and prepared by the Department of
Public Works of the City of Augusta, a copy of
which is attached hereto, marked IIExhibit All
and specifically incorporated by reference
herein, Said Southern Railroad Building is
located on the Northwest corner of Reynolds
Street and 5th Street in the City of Augusta,
Richmond County, Georgia.
Also, all, that portion of the said Southern
Railroad Building measuring 118.8' x 30'
(containing a total of 3,564 square feet) shown
outlined in red on the said drawing dated
08/07/89 and prepared by the City Engineering
Department attached hereto as IIExhibit All and
specifically incorporated by reference herein,
Said Southern Railroad Building is located on
the Northwest corner of Reynolds Street and 5th
Street in the City of Augusta, Richmond County,
Georgia.
2. Term.
The term of this Lease shall begin on 1st day
of March, 1996, and subject to Tenant's option to renew set forth in
paragraph numbered 18 below, shall end, on the 30 day of April,
1997, at midnight, unless sooner terminated by either Landlord or
Tenant as herein provided.
Each party shall have the right to
terminate this lease at any time during the initial term
or any
renewal term for any reason upon 60 days advance written notice to
the other party,
3. Rental, Tenant shall pay to Landlord during the term
of this lease monthly rental payments in the amount of $867.75 per
month payable in advance with the first such monthly rental payment
to be paid on the first day of the lease term with a like amount
becoming due and payable on the corresponding day of each of the
eleven (11) successive month thereafter during the lease term.
4. Use of Premises. The Premises shall be used for the
purpose of operating an antique shop and for no other purpose
without the advance written consent of Landlord, The Premises shall
not be used for any illegal purpose; nor in any manner to create any
nuisance or trespass; nor in any manner so as to vitiate the
insurance or increase the rate of insurance on the Premises.
5.
Destruction of, or Damaqe to Premises.
If the
Premises are totally destroyed by storm, fire, flood, lightning,
earthquake or other casualty, this Lease shall terminate as of the
date of such destruction, and rental shall be accounted for as
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between Landlord and Tenant as of that date. If the Premises are
damaged but not wholly destroyed by any such casualty, rental shall
abate in such proportion as use of Premises has been destroyed.
6. Assiqnment and Sublettinq. Tenant may not sublease
all or any portion of the Leased Premises or assign this Lease or
any interest hereunder without prior written consent of the
Landlord. No such assignment or subletting shall release Tenant
from any obligations to Landlord hereunder.
7. Siqns. Tenant shall place no sign or signs upon the
Premises except with the written consent of the Landlord. Any and
all signs placed on the Premises by Tenant with the consent of
Landlord shall be maintained in compliance with rules and
regulations governing such signs and the Tenant shall be responsible
to Landlord for any damage caused by installation, use, or
maintenance of said signs, and~Tenant agrees upon removal of said
signs to repair all damages incident to such removal.
S, Repairs, Alterations and Additions. Any and all
repairs, alterations and additions made to the Premises hereby
leased by the Tenant, shall be and remain a part of said Premises
and shall be surrendered to the Landlord by the Tenant at the
expiration of the term'of this Lease. Any alterations or additions
to the Premises and any repairs which may affect the physical
appearance of the Premises shall not be made without the advance
written approval of Landlord. Any and all repairs, alterations and
additions to the Premises shall be performed in a good and
workmanlike manner using new materials and equipment and in
compliance with all safety codes and regulations. In the event that
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any repairs, additions, alterations or improvements are made by the
Tenant after obtaining the written consent of the Landlord through a
contractor, the Tenant agrees that it will closely supervise such
work and see that all laborers and materialmen are promptly paid so
that no lien will accrue or be filed against the Premises; and in
the event that the Tenant hires laborers and/or purchases material
itself for the improvement of the Premises, it will promptly pay all
charges for such labor and materials when the same become due so
that no liens will accrue or be filed against the Premises and no
claim can be asserted against Landlord for such payment. Landlord
shall have the right to call upon the Tenant for a statement or
other information concerning the payment of any contractor, laborer
and/or materialman who may have furnished labor or materials for the
improvement of the Premises and Tenant covenants and agrees that it
will immediately give full information in regard to all such to the
Landlord upon demand, Tenant, however, shall have the right to
remove Tenant's personal property in the nature of trade and/or
business fixtures from the Premises at the expiration of this Lease,
but Tenant shall at his own expense repair any damage to the
Premises which may result from the removal therefrom of any such
personal property of Tenant. Nothing in .this paragraph or in this
Lease shall be construed to ,authorize the Tenant to remove from the
Premises any heating or air conditioning equipment, any electric
wiring, electric fixtures, switches, duct-work, pipes, plumbing
fixtures, ceiling fans, or any similar materials or equipment which
may have been installed by the Tenant, which said materials shall
become the property of Landlord upon the termination of this Lease.
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9. Effect of Termination of Lease. No termination of
this Lease prior to the normal ending thereof, by lapse of time or
otherwise, shall affect Landlord's right to collect rent for the
period prior to termination thereof.
10. No Estate ~n Land. This contract shall create the
relationship of Landlord and Tenant between the parties hereto; no
estate shall pass out of Landlord. Tenant has only a usufruct, not
subject to levy and sale, and pot assignable by Tenant except by
Landlord's consent.
11. Holdinq Over. If, Tenant remains in possession of
Premises after expiration of the term hereof, with Landlord~s
acquiescence and without any express agreement of parties, Tenant
shall be a tenant at will at the rental rate in effect at the end of
this Lease; and there shall be no renewal of this Lease by operation
of law.
12. Attornev's Fees and Homestead. If any rent owing
under this Lease is collected by or through an attorney at law,
Tenant agrees to pay fifteen percent (15%) thereof as attorney's
fees. Tenant waives all homestead rights and exemptions which it
may have under any law as against any obligation owing under this
Lease.
13. Exculpation and Indemnification. The Premises are
being leased to Tenant "as is", and Tenant accepts said Premises in
their present condition and acknowledges that it has inspected the
same and found the Premises (including specifically but not
exclusively, the roof) to be suitable for its intended use. If any
repairs to the roof or any other portion of the improvements located
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on the premises covered by this lease are required during the term
of ' this lease, the cost of the same shall be paid by Tenant. It is
an express condition of this Lease Agreement that, except when
caused solely by its negligence, Landlord, its 'members, officers,
agents, and employees, shall be free from any and all claims, debts,
demands, liabilities, or causes of action of every kind or
character, whether in law or in equity, by reason of any death,
injury, or damage to any person or persons or damage or destruction
of property or loss of use thereof, whether it be the person or
property of Tenant, its invitees, licensees, agents, or employees,
or of any third persons, from any cause or causes whatsoever arising
from any event or occurrence in or upon the Premises or any part
thereof or otherwise arising from Tenant's operations under and
during the term of this lease; and Tenant, its heirs, legal
representatives, and assigns, shall indemnify and save harmless the
Landlord, its members, officers, agents, and employees, against and
from any and all such claims, demands, debts, liabilities, and
causes of action including reasonable attorney's fees and costs to
be incurred by Landlord in defending same.
14, Riqhts Cumulative, All rights, powers and
privileges conferred hereunder upon Landlord shall be cumulative but
not restrictive to those given by law.
15. Service of Notice. Any notice, demand, request,
approval, consent, or other communication (hereinafter referred to
as "notice"), which Landlord or Tenant may be required to permit to
give to each other shall be in writing and shall be mailed in an
official United States Post Office, certified or registered mail,
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return receipt requested, with adequate postage prepaid, to the
other party at the address as each party has designated in this
Lease or shall have changed by proper notice in writing to the
other. Such addresses are as fbllows:
Landlord:
The Trustees of the 1949 Retirement Act
of the City of Augusta
c/o Augusta-Richmond County
Commission-Council
Augusta-Richmond County Municipal Building
530 Greene Street
Augusta, Georgia 30911
Attention: Mayor/Chairman
Tenant:
Riverwalk Antique Depot, Inc.
505 Reynolds Street
Augusta, Georgia 30901
If notice is not an answer or reply to a previous notice from the
other party, the time of rendition of such shall be the date when
the receipt is signed, refused or returned unclaimed. If the notice
is an answer or reply to a previous notice from the other party, the
time of rendition of such shall be the date postmarked by the United
States Postal Service.
In the event of a postal strike or other
interference with the regular delivery of mail, notices may be
served in person or by telegram in lieu of certified or registered
mail, but shall be effective upon receipt.
16.
Waiver of Riqhts,
No failure of Landlord to
exercise any power given it hereunder or to insist upon strict
compliance by Tenant with any of its obligations hereunder and no
custom or practice of the Landlord at variance with the terms hereof
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shall constitute a waiver of Landlord's right to demand strict
compliance with the terms hereof.
17. Time of Essence,
Time is of the essence of this
Agreement.
18. Insurance. Tenant shall, at its expense, during the
term of this lease and any extension or renewal thereof, maintain
and deliver to Landlord public liability and property damage
insurance policies with respect to the leased Premises. Such
policies shall name both Landlord and Tenant as named insureds, and
have limits of at least $500,000 for injury or death to anyone
person and $1,000,000 for anyone accident, and $250,000 with
respect to damage to property.
Tenant shall also throughout the term of this lease and
any extension or renewal thereof for the benefit of both Landlord
and Tenant as named insureds, maintain insurance against loss or
damage by fire, and such other risks and hazards as are insurable
under present and future standard forms of fire ~nd extended
coverage insurance policies, to all personal property, furniture,
furnishings, and fixtures of Tenant or any sub-tenant or assignee
located in the demised premises, 'for their actual cash value, Each
policy shall provide that the insurance company will not cancel such
policy or change its coverage' without giving Landlord ten (10) days'
prior written notice. In the event of any fire or other casualty
insured against by Tenant's policy, Landlord shall, at Tenant's
request, assign to Tenant all of Landlord's right, title, and
interest in and to the insurance proceeds. Tenant shall accept such
proceeds as full payment for any loss or damage to its property, and
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IN WITNESS WHEREOF, the parties hereto have caused their
proper officers to execute these presents and affix their respective
seals hereto on the day and year first above written.
Signed, Sealed and ~livered )
on the -'..1:L- day of _ ,)
1996, in Richmond C unty, )
Georgia, as to Landlord, in )
the presence of: )
)
)
)
)
)
)
)
)
My Commission Expires: )
Notary pUbr:?, ~ichm:ii1::l County, Georgia' )
My CommIssIon I:::xpires Jan, 4. 2000 )
Signed, Sealed and Delivered
on the ____ day of
1996, in Richmond County,
Georgia, as to Tenant, in
the presence of:
)
, )
)
)
)
)
;R dJ;, l<.) IJ1 ~ :
lj:::[ -" tV m~"vlA, '. ~
N?~~~i~C <...Rich~e~/I.e14
C.ou~ty, GeorgJ.a
. ~..=.::
'- '
My ;'Commi~s.s:\-Qn Expires:
Nofa~ PU-blic, t:(!!,~mt;h pounty, Georgia
Mv Conimi~s;on;cxD~es June.21, 1998
. ~,.. ~ . -. .
LANDLORD:
1949 RETIREMENT
COUNCIL OF
TENANT:
~~INC.
its. Presid t
ATTEST:
As its:
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LAW OFFICES OF
CAPERS, DUNBAR, SANDERS Be BRUCKNER
PAUL H, DUNBAR, 111
E, FREDERICK SANDERS
ZIVA p, BRUCKNER (ALSO S,C,I
CARL p, DOWLING
1500 FIRST UNION BANK BUILDING
699 BROAD STREET
AUGUSTA, GEORGIA 30901-1454
17061722.7542
TELECOPIER (706) 724-7776
OF COUNSEL:
JOHN D, CAPERS
"
May 24, 1996
Ms. Mary K. Grady
Finance Department
Augusta-Richmond County
Commission Council
Augusta-Richmond County
Municipal Building
Augusta, Georgia' 30911
Re: Riverwalk Antique Depot, Inc.
Dear Mary:
'As requested in your memorandum of May 15, 1996, I am
forwarding 'to you enclosed herewith a new lease agreement which renews
'the two expired lease agreements between the Trustees of the 1949
Retirement Act of The City Council of Augusta and Riverwalk Antique
Depot, Inc. with regard to space in the old Southern Railroad Depot
Building on the 500 Block of Reynolds Street. The reason there,were
two leases was because Riverwalk Antique Depot initially signed a lease
for a portion of the building and sometime thereafter signed another
lease for some additional space in the same building. The simplest
method for renewal of these leases is to combine all of the property
into one lease as I have done. In discussing this matter with
Engineering Department, I learned that there was some discrepancy as
to the total number of square feet being leased and this has been
corre~ted. The rental has been recalculated at the rate of 50 cents
per square foot which is the amount referred to in Mr. Hollingworths's
letter as being a reasonable rental rate.
In order to minimize the chance that the existence of this
lease might jeopardize the sale or other development of the very
valuable larger parcel of land on which it is located, I have limited
the term of this lease to 12 months. I think that if the owner were
to lease the property for a longer term, it might risk losing a
valuable opportunity to develop this ,property for a higher and better
use. While having a tenant in the old depot building is of so~e
benefit, the amount of rent it can generate is very small when compared
to the potential value of the larger tract of land on which it is
located. Since the tenant has complained about the roof even though
the building is leased 11 as is ", I added a provision to. paragraph
numbered 13 that any repairs to the roof will be paid for by the
Tenant. You may recall that the tenant requested a new roof about a
year ago and the cost of it was estimated at $80,000.00.
,. "
Ms. Mary K. Grady
May 24, 1996
Page Two . . . . .
Should you have any questions concerning any of the
foregoing, please let me know and I will be happy to discuss them with
you.
With all best wishes, I remain,
Very truly yours,
pa(l~~III
PHD,III/tls
Enclosure
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