HomeMy WebLinkAboutThe Church of the Good Shepherd
Augusta Richmond GA
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DOCUMENT TYPE: CSX'ee.xYlCA\T-
YEAR:Cf\
BOX NUMBER: \ ,
FILE NUMBER: \ 5\ \C1
NUMBER OF PAGES: 5
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STATE OF GEORGIA
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FIRST AMENDMENT TO AGREEMENT
COUNTY OF RICHMOND
This First Amendment to Agreement is made and entered into this ~ day of
tff!:r'O f!>FR- , 1999, by and between The Church of The Good Shepherd of Augusta ("Lessee"),
and Augusta, Georgia, a political subdivision of the State of Georgia, the Augusta-Richmond
County Public Library, an unincorporated association, and the Scott R and Annie P. Appleby
Trust (collectively "Lessors").
WITNESSETH
WHEREAS, the parties hereto, or their predecessors in interest, entered into that
certain Agreement, dated January 28, 1985 (the "Agreement"), a copy of which is attached hereto
as Exhibit A, whereby the City Council of Augusta and the Richmond County Board of
Commissioners, predecessors to Augusta, Georgia leased to The Church of The Good Shepherd
of Augusta that certain property identified therein; and
WHEREAS, The Church of The Good Shepherd of Augusta contemplates
expanding and remodeling a portion of its property known as the Corney Wing (as shown on a
plat of July 24, 1996, prepared by Southern Partners, Inc. and attached hereto as Exhibit B) and
the parties hereto desire the same to be developed in an aesthetically pleasing manner compatible
with the adjacent Appleby Library property; and
WHEREAS, the Appleby Library conducts various activities for the benefit of the
Augusta Community, including cultural events that draw participants in quantities greater than the
Appleby Library parking can accommodate; and
WHEREAS, The Church of The Good Shepherd has more than adequate parking
available at the times when parking is at peak demand for Appleby events, but needs additional
parking at other times when Appleby Library itselfhas excess parking; and
WHEREAS, the parties hereto desire to amend and modifY this Agreement.
NOW, THEREFORE, in consideration of these presents, mutual benefits and
other good and valuable consideration to be derived herefrom, the parties hereto agree as follows:
1. The term of the Agreement shall be extended until December 31,2024.
2. Lessors agree to increase the land leased pursuant to this Agreement to
include the land identified as additional leased area on Exlnbit R The Church of The Good
Shepherd of Augusta shall be allowed to develop improvements on this property. Upon the
termination of the Lease and at the option of Lessors, all improvements on the leased property
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shall be removed by The Church of The Good Shepherd of Augusta, and the leased property shall
be returned to the Lessors.
3. The Church of The Good Shepherd of Augusta shall construct and install a
wrought iron fence in the location designated on Exhibit B, which fence shall be consistent with
the aesthetics of the fence which currently exists on part of the boundaries of the Appleby Library
property. The Church of the Good Shepherd shall also provide a gate in the fence and provide
such paving as is necessary so that the parking lots of the church and the library shall be accessible
and shared as more fully described in paragraphs 4 and 5 below.
4. The Church of The Good Shepherd shall grant to the Augusta-Richmond
County Public Library, as operator of the Appleby Library, a license to use the parking facilities of
the Church of The Good Shepherd (including the Episcopal Day School) with the exception that
the license shall not extend during the hours of 8:00 a.m to 1 :00 p.m. on Sundays and during the
hours of8:00 am. to 5:00 p.m. on days when the Episcopal Day School is in session.
5. Lessors shall grant a license to the Church of The Good Shepherd to utilize the
parking at the Appleby Library when the Library is not in use.
6. The rent of One Dollar ($1) per annum specified in the Agreement shall
continue for the term of this amendment and is payable in advance.
7. The Trustees of the Scott B. and Annie P. Appleby Trust have joined in
this instrument showing their consent to this First Amendment to Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
properly executed by their du1y authorized officers.
Signed, sealed and delivered in the
presence of
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THE CHURCH OF THE GOOD SHEPHERD OF
AUG~
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As its: ~ I
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Unofficial Witness
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My commission expires:
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My Commission Expires July 8, 2OQ('\
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Signed, sealed and delivered in the
presence of:
AUGUSTA, GEORGIA
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Signed, sealed and delivered in the
presence of:
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Signed, sealed and delivered in the
presence of
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Unofficial Witness
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tary Public
My commission expires: 3/3 () /01
[SEAL]
...~:;iA~:'f~/ GINA M. SUPONIC
~.( ~'\-1 MY COMMISSION fI CC 634250
\ ~.~~o~,; EXPIRES: March 30, 2001
11 "~.9f.,i~~" Bonded Thru NollUy Public Underwriters
AUGUSTA-RICHMOND COUNTY PUBLIC
LffiRARY, an unincorporated as ciation
SCOTT B. AND ANNIE P. APPLEBY TRUST
BY:
As its:
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STATE OF GEORGIA
AGREEHENT
COUNTY OF RICHMOND
day of
This agreement made and
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of The Good Shepherd of Augusta; the City Council of Augusta;
entered into this
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, ~, by and between the
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Church
Richmond County, Georgia, acting by and through'its Doard of Com-
missiont}~ the Augusta-Richmond County Public Library, an un in-
corporated association; and the Trustees of the Scott B. and Annie
P. Appleby Trust;
WIT N E SSE T H:
WHEREAS, the Church of The Good Shepherd of Augusta owns
and operates the Episcopal Day School located at 2230 Walton Way,
Augusta, Georgia, as a parochial elementary school; and
WHEREAS, the City of Augusta and Richmond County, Georgia
jointly own a certain tract of land located at the intersection
of Walton Way and Johns Road in the City of Augusta, County of
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Richmond, State of Georgia, and on said property the Appleby
Dranch of the Augusta-Richmond County Library is operated; and
IVIlEREJ\S, this property on which t.he library is locat.ed
was conveyed to the City ~ouncil of Augusta and Richmond County,
Georgia pursuant to a deed from James Scott Appleby with said
property being conveyed for the specific purpose of the operation
of a public library facility on this property; and
WHEREAS, this property is bounded on the East by the
property of the Church of The Good Shepherd of Augusta and a cer-
tain portion of this property adjacent to the property owned by
the Church of The Good Shepherd of Augusta is of little or no '
present use in the operatiOn of said library and can be used by
the Church of The Good Shepherd of Augusta in the operation of
the Episcopal Day School; and
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WHEREAS, the parties desire to enter into a lease of a
portion of this property to the Church of The Good Shepherd of
Augusta for use in the operation of the Episcopal Day School and
other uses consistent with this instrument.
THEREFORE, it is hereby agreed as follows:
1. That the property outlined in red on the attached
drawing sholl be leased by the City of i\ugusta and Richmond County;
Georgia to the Church of The Good Shepherd of Augusta for a term
of fifteen (15) years commencing January I, 1985.
2. 'That the Church of The Good Shepherd of Augusta
shall pay to the Augusta-Richmond County Public Library as annual
rent the sum of One and NO/lOa ($1.00) Dollar per year payable in
advance.
3. The Church of The Good Shepherd of Augusta shall
be permitted to move the present fence along the existing boundary
between the property of the City of Augusta ~nd County of Richmond
and the property of the Church of The Good Shepherd of Augusta so
that the leased property is inside the boundary of the Church of
The Good Shepherd of Augusta, provided, however, that the costs
of moving the fence and any other expenses associated with im-
proving or modifying the leased property shall be borne exclusively
by the Church of The Good Shepherd of Augusta.
4. During the terms of this lease, the Church of The
Good Shepherd of Augusta shall construct no permanent structures
on the leased area, and, upon the termination of the lease, 'any
and all temporary improvements constructed or added to the leased
property shall be removed with the leased property being returped
to the City of Augusta and County of Richmond.
5. The Trustees of the Scott n. and ~nnie P. Appleby
Trust have joined in this instrument shO\ving their consent to .
this lease.
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THE CHURCH OF THE GOOD SHEPHERD
OF AUGUSTA
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BY: '. .#I.~ /, ." .~_~''':~:.\_ ".
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AS ITS: .~::..;, /:.'. ;", ",,' /1.', /, 1,:1
CITY ~IL OF AUGUSTA
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AS ITS: Hayor .,._
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ATTEST: ~c~ d';---='~".-J
AS ITS:
Clerk of Council
COUNTY OF RICHMOND, GEORGIA
BY AND THROUGH ITS BOARD OF
BY:
AS ITs~rnrniSSion Chairman~
ATTEST ' . ~V ~
AS ITS: County Administrat
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AUGUSTA-RICHMOND COUNTY PUBLIC LIBRARY,
AN UNINCORPORATED ASSOC~ION
BY: C/. k/'(' \ I 1:.._//r;:>-<J7./.~
i\S ITS: v,-c-c..P.-- _ ~~.J.-< _(.c2_,A~ ~Q...-v p q{
THE
B. AND ANNIE P.
BY:
BY:
GTON, TRUSTEE
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PUBLIC LIBRARY
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