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HomeMy WebLinkAboutROBERT E CAVE STATE OF GEORGIA LEASE AGREEMENT RICHMOND COUNTY t( 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 1 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 2 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. 3 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. 4 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. [SIGNATURES ON NEXT PAGE] 5 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 6 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.