HomeMy WebLinkAboutROBERT E CAVE
STATE OF GEORGIA
LEASE AGREEMENT
RICHMOND COUNTY
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This Lease Agreement made and entered into on this the ~day of
~J._ I I, 2006, by and between AUGUSTA, GEORGIA, hereinatterreferred to
~Iord" and ROBERT E. CAVE, of the State of Georgia, County of
Richmond, hereinafter referred to as Tenant",
WITNESSETH:
The landlord, for and in consideration of one dollar and other good and valuable
consideration and of the stipulations, provisions, covenants, agreements, terms
and conditions herein stated unto Tenant for a term of from the date of execution
of this lease and ending at 12:00 midnight on the 31st day of December, 2006,
those certain premises, hereinafter referred to as "Leased Premises", being
situated in Richmond County, Georgia, as described in "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-described term, those certain leased premises, more fully
described above.
1.
Tenant shall use the leased premises for the continuation of his
existing business, to wit: Austin Iron Works, 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.
2.
The Landlord and the Tenant hereby acknowledge that time is of the
essence of this Lease Agreement.
3.
All notices, statements, demands, requests, consents, approvals, or
authorizations given by either party to the other shall be in writing and sent by
United States Mail postage prepaid and addressed as follows:
To Landlord, the same shall be sent to:
City Administrator
801 Augusta Municipal Building
Augusta, Georgia 30911
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WITH COPY TO:
Steve E. Shepard
City Attorney for Augusta
701 Greene Street
Augusta, Georgia 30901
To Tenant, the same shall be sent to:
Robert E. Cave
916 Fenwick Street
Augusta, Georgia 30901
However, the parties may from time to time designate in writing an alternate
address.
4.
The use of the words "Landlord", "Tenant", or "party" shall be construed to
include the singular or plural, male or female, corporation, partnership,
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.
5.
Should Tenant at any time 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 thirty (30) days thereafter (but only
during continuance of such default 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. Upon such termination by Landlord,
Tenant will at once surrender possession of the premises to Landlord and
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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.
6.
At the expiration or termination of the Lease Agreement, Tenant shall 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 of the Lease Agreement including the obligation of Tenant
to pay to Landlord rent at the rate stipulated herein. Any other provisions of this
Lease Agreement notwithstanding, there shall be no renewal whatsoever of the
Lease Agreement by operation of law.
7.
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.
8.
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.
9.
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.
10.
Tenant is currently in possession of the premises and further
acknowledges that no representation or warranty as to the condition of the
leased premises has been made to him by Landlord, its agents or employees, or
by any other person. Landlord makes no warranty whatsoever as to the present
condition of the lease premises. 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.
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11.
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.
12.
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.
13.
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.
14.
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.
15.
Should any provision or portion of any provision of this Lease Agreement
be held invalid, the remainder of this Lease Agreement or the remainder of such
provisions shall not be affected thereby.
16.
The waiver by Landlord, or by Tenant, of any breach of any stipulation,
provision, term, covenant, agreement or condition herein contained shall not be
deemed to be a waiver of such stipulation, provision, term, covenant, agreement
or condition on any subsequent breach of the same or any other stipulation,
provision, term, covenant, agreement or condition herein contained.
17.
At all times, Tenant shall conform to, obey and comply with all present and
future laws and ordinances, and all lawful requirements, rules and regulations of
all legally constituted authorities, existing at the commencement of this Lease
. Agreement or which may hereafter exist which in any way affects the use of the
leased premises, or any repair, improvements, renovation, or construction being
done on or to the leased premises.
18.
It is mutually covenanted, understood, and agreed by and between the
parties hereto, that as between the parties hereto and their rights accruing
hereunder, this Lease Agreement shall be governed, construed, performed and
enforced in accordance with the laws of the State of Georgia.
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19.
Tenant hereby acknowledges that in executing this Lease Agreement he
is not relying on any representation, inducement, or warranty expressed or
implied, of Landlord, other than those contained herein.
20.
Each of the stipulations, provisions, covenants, agreements, terms and
conditions contained in this Lease Agreement shall apply, extend to, be binding
upon and inure to the benefit or detriment of not only the parties hereto, but also
to each and every one of the heirs, legal representatives, devisees, legatees,
next-of-kin, successors and assigns of the respective parties hereto. Whenever
a reference to the parties hereto is made, such reference shall be deemed to
include the heirs, legal representatives, devisees, legatees, next-of kin,
successors and assigned of said party, the same as if in each case expressed.
/<d(l
23.
Tenant agrees hereby to indemnify, save and hold the Landlord harmless
from and against any and all 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 One Hundred Thousand
Dollars ($100,000.00) per person and Three Hundred Thousand Dollars
($300,000) 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 named 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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Signed, Sealed and Delivered on the
.~ fl7 day of 4v<c.-<-<- ')( , 2006
in Richmond County, Georgia, in the
presence of:
~~t~~
Notary - - blic, Richmond County,
Georgia
My commission expires:
d~ 61~ c2o/tJ
Signed, Sealed and Delivered on the
day of ,2006
in Richmond County, Georg' i the
pre ce of
Notary Public, Rich
Georgia
My commission expires:
~~.1OM
LANDLORD:
Augusta-Richmond County
Commission
By: 0L1-4 ~ -
/f';> Deke S. Cope aver, Mayor
"
ATTEST:
TENANT: fl~/['~
Robert E. Cave
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EXHIBIT "A"
All that tract or parcel of land, with all improvements thereon,
situate, lying and being in the City of Augusta, Richmond
County, Georgia known and designated as Tax Map 046-2;
Parcel 154.0 (0.20 ac.) as shown on a plat prepared for
Augusta, Georgia by Cranston, Robertson & Whitehurst,
P.C., dated February 23, 2005, and recorded in the Office of
the Clerk of the Superior Court of Richmond County,
Georgia, on April 21, 2005 at Book 1, page 950, et seq.;
reference being made to said plat for a more complete and
accurate description as to the metes, bounds and location of
said property.
This being the same property conveyed to Robert E. Cave
by Deed from Ernest C. Cave dated January 27, 2003 and
filed of record in the Office of the Clerk of the Superior Court
of Richmond County at Book 835 Page 1915, et seq. and
Deed from Shirley A. Thompson, individually and as the
Executrix of the Estate of Ernest C. Cave dated July 19,
2006. and filed of record in the Office of the Clerk of the
Superior Court of Richmond County at Book Page
, et seq.
Said property is conveyed subject to any easements or any
restrictions of record in the aforesaid Clerk's office.