Loading...
HomeMy WebLinkAboutThe Kroger Company Augusta Richmond GA DOCUMENTNAME: \De... \(.'(Ojex- Corn~ry DOCUMENT TYPE: CXj\(~ YEAR: t() BOX NUMBER: \ \ FILE NUMBER: \ ~\ ~9 NUMBER OF PAGES: L\ I' i (, LICENSE AGREEMENT , Od:4bJA- h This License Agreement, ("Agreement") is made this I ~+h day of l\l:lgust, 2000, by between The Kroger Co., an Ohio Corporation, ("Licensor"), and Augusta, Georgia, a political subdivision of Georgia, on behalf of the Richmond County Sheriff Department ("Licensee"). Witnesseth: In consideration of the rents contained and reserved herein, and the covenants and agreements to be observed and performed by Licensee, Licensor hereby grants a revocable license to Licensee, upon the following terms and conditions, and Licensee hereby licenses from Licensor, those certain premises as outlined in red on Exhibit "A" attached hereto, and by this reference made a part hereof ("Demised Premises") in Kroger Store GA-245 located at 3435 Wrightsboro Rd., Augusta, County of Richmond, Georgia ("Store"). 1. Term. The term of this License Agreement shall commence as of the date of this Agreement and shall be from month to month, terminable by Licensor upon providing sixty (60) days prior written notice to Licensee, or by Licensee upon providing sixty (60) days prior written notice. At the provision of such notice, Licensee shall vacate the Premises within sixty (60) days upon termination of this Agreement. This License Agreement shall continue month to month until terminated according to this paragraph. 2. Rent. Licensee shall pay to Licensor a monthly fee of one dollar ($1.00), payable on the date of the execution of this License Agreement and on the first day of each month thereafter until terminated. In further consideration for this License Agreement, Licensee agrees to use the Premises for those purposes described in Paragraph 5 of this License Agreement and only for those purposes. 3. Hours of Operation. Licensee's hours of operation shall be subject to Licensor's hours of operation in the Store. 4. Maintenance of Improvements. Licensee accepts the Premises "as it, where is", and acknowledges that Licensor, its employees, agents or contractors have made no repres~ntations or warranties to Licensee whatsoever. Licensee shall not make any alterations, modifications or additions to the Premises without the prior written consent of Licensor. Licensee's taking possession of the Premises, shall be conclusive evidence that the Premises are in good and satisfactory condition at the time of such taking, unless written notice is provided by Licensee to ' Licensor. ,,. '..... . . Licensee shall, at Licensee's own expense, keep and maintain the Demised Premises and appurtenances thereto in good order and repair. Licensee shall keep the Demised Premises clean and rubbish free, inside and out, at its own expense and will deposit rubbi.sh and trash from the Demised Premises at locations established in the Store by Licensor. 5. Permitted Use. Licensee will use the Premises solely for the purposes of operating a Substation for the Richmond County Sheriff Department to provide such services to the citizens of Richmond County, Georgia. Licensee may use the facility for such other purposes as may be requested by Licensee and approved in writing by Licensor at Licensor's sole discretion. 6. Covenants of License Agreement. During the term of this License Agreement, Licensee covenants as follows: (a) Licensor shall be responsible for all expenses incurred for electrical service to the Premises. Licensor shall be responsible for the installation and maintenance of all phone/computer data line(s) servicing the Demised Premises. (b) License shall operate and maintain the Premises in accordance with this License Agreement and all applicable federal, state, and local regulations and ordinances and in such a manner so as not to create a nuisance or trespass. (c) Licensee shall operate and maintain the Premises in such a manner as not to interfere with Licensor's operation and use of its Store. Licensee's use of the Premises shall be subject to any reasonable rules and regulations Licensee may promulgate from time to time. (d) Licensee shall neither encumber nor obstruct any portion of the Store or the Common Area in any manner whatsoever, including without limitation sales of merchandise or customer queuing. 7. Insurance, Licensee shall be responsible for its use of and operations on the licensed premises and personal property and coverage for Licensee's personal property. Licensee shall also have workers' compensation. Licensee has a self-retention program for losses. 8. Relocation. If Licensor discontinues its business operations within the Demised Premises and vacates the Store, Licensor will give Licensee notice of such decision at least ten (10) days prior to the date of vacation. Licensee shall vacate the Demised Premises within ten (10) days of notification. In such event, this Agreement shall terminate on the date Licensor discontinues operating the Store. 9. Remodeling the Store. Licensee recognizes that the Licensor may, from time to time, wish to remodeVrearrange or enlarge the Store to accommodate changes in retailing patterns. In the event that the remodeling/rearranging or enlargement requires relocation of Licensee's Facility, Licensor agrees to discuss with Licensee its remodeling plans to determine if the Licensee's Facility can be moved to another location mutually satisfactory to Licensee and Licensor within the Store. If Licensee and Licensor agree upon a new location, Licensor shall pay for the relocation of the fixtures of Licensee if such remodeling occurs within the first five (5) year of this Agreement and no payment will be due thereafter. If Licensee and Licensor cannot reach an agreement with respect to relocation, then this Agreement shall terminate ninety (90) days from the date Licensor advises Licensee in writing that Licensor shall proceed with the remodeling in spite of not reaching agreement therefore with Licensee. 10. Termination, Except as otherwise set forth herein, either party may terminate this License Agreement immediately by written notice to the other party upon: (i) the breach of the other party of any provision of this License; and (ii) the failure of the other party to cure the breach within thirty (30) days after written notice from the non-breaching party. 11. Security. Licensee acknowledges that Licensor is not an insurer of the Licensor's Demised Premises. Notwithstanding any other provision of this Agreement, Licensee hereby releases Licensor from any claims, loss or damage that Licensee might sustain by virtue of a robbery or attempted robbery of or theft or attempted theft from the Demised Premises. Licensor agrees to release Licensee from any claims, loss or damage that Licensor might sustain by reason of a robbery or attempted robbery of or theft or attempted theft from the Store. 12. No Assignment. Licensee shall not assign this License Agreement or any interest hereunder without the prior written consent of Licensor. 13. Notice. Any and all notices or other communication required or permitted by this License Agreement to be served, delivered or given to a party by the other party shall be in writing, signed by the party giving the notice or its attorney and shall be deemed duly served, given or delivered when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, certified with return receipt requested, postage prepaid, addressed to the parties at the address below: If to Licensor, at The Kroger Co. Real Estate Department 2175 Parklake Drive Atlanta, GA 30345 Ifto Licensee, at Richmond County Sheriff Department 401 Walton Way Augusta, GA 30901 AU~Rtinn' Aclmlnistnlt~ or to such other address or addresses as may hereinafter be designed by notices provided herein. 14. Surrender of Premises. At the expiration or earlier termination of this License Agreement, Licensee shall surrender the Premises to Licensor broom clean and in good condition, normal wear and tear excepted. 15. Successors and Assigns, This License Agreement shall be binding upon and insure to the benefit of the parties and any permitted successors and assigns thereof. This agreement is not intended for the benefit of any third party. 16. Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 17. Damage to Property. Except as resulting from an intentional or willful act, no party shall be liable to the other for the loss of or damage to the other party's property. 18. No Waiver. Failure of Licensor or Licensee to insist upon strict compliance with the terms of this Agreement shall not constitute a waiver of any violation. 19, Entire Agreement. This Agreement and any attached addendum constitute the entire agreement between the parties and no oral statements shall be binding. All amendments to this License Agreement shall be in writing. IN WITNESS WHEREOF, the parties hereto have caused these present to be signed in person or by a person duly authorized the day and year first above written. We certify that we have read and understood the above. Witnesses: ... ~(WAt\~ ~~~4.~ Notary Public My Commission Expires: Notary Public, DeKalb County, Georgia My Commission Expires Nov. 29, 2003 LICENSOR: By: aul Smith, President Atlanta Marketing Area ;;M1I~ , Clerk LICENSEE: Georgia, Sheriff By: ~ ~i~ Charles B. Webster, Sheriff G:\Lawform\245RichmondCo.lwp