Loading...
HomeMy WebLinkAboutTHE PORTER COMPANY FOR THE RICHMOND COUNTY JUVENILE COURT ", ORIGINAL RICHMOND COUNTY GEORGIA MASTER LEASE AGREEMENT FOR FACILITIES This Lease Agreement ("Lease") made and entered into this .;--t4 day of August, 2008, by and between The Porter Company, a Georgia corporation with its principle address at 1006 Fleetwood Plaza, Hendersonville, NC 28739 (hereinafter referred to as "Lessor") and Augusta-Richmond County, a political sub-division of the State of Georgia, whose address is 501 Greene Street, Suite 301, Augusta, Georgia 30901 (hereinafter referred to as "Lessee") for the Richmond County Juvenile Court. 1. LESSOR -Landlord The Porter Company 1006 Fleetwood Plaza Hendersonville, NC 28739 Phone 828-696-9912 Fax 828-693-7799 Attn: Mr. Jimmy Porter 2. LESSEE -Tenant Augusta-Richmond County Georgia 501 Greene Street, Suite 30l Augusta, Georgia 30901 Phone 706-821-2426 Fax 706-821-2484 Attn: Mr. Rick Acree 3. AGREEMENT. Lessor hereby leases to Tenant and Tenant hereby leases from Lessor the following property known as 985 Broad Street Augusta, Georgia. The entire Second Floor and Third Floor (approximately 11,891 square feet), as well as the common use of other common areas of the building as needed for entry and securi ty screening, and such other space as included in the Specialty Build-out designed and constructed for Lessee. 4. SCHEDULE. It is planned this lease will be executed about August 5, 2008. Work will begin immediately to prepare the space as agreed under this contract. This prep work will take about 90 days. The space should be ready for occupancy on or about November 3, 2008. Rental will start when the space is turned over to Lessee to move in. No rent, or other expenses as indicated herein (except the specialty build-out expenses referenced in # 6 below) shall begin until the space is turned over to Lessee to move in. . " 5. CONDITION OF THE PREMISES. Tenant has examined and accepts the raw lease premises, in their, present condition ready for the specialty build-out required. 6. SPECIALTY BUILD-OUT. Augusta-Richmond County will pay for the work to be done by Cross Creek Design & Builders based on a signed drawing dated July 17, 2008. Any modifications after this date will be handled by signed Change Orders pursuant to the AUGUSTA, GA CODE. 7. COSTS. Costs of the Specialty Build-out shall not exceed $380,129.00 (except as authorized by signed Change Orders). Lessor will bill Lessee three (3) times during the time that the Specialty Build-out construction work is performed. The first draw will be on or about August 17, 2008. The second draw will be on or about September 30, 2008 and the final draw will be upon completion. PaYment for these draws should be made to Lessor within 15 days of each draw. 8. TERM. The term of this lease shall initially be for approximately five (5) years starting the date when the space is turned over to Lessee to move in and ending, December 31, 2013. Lessee shall have an option to renew this lease for five (5) additional years. 9. RENT. Tenant agrees to pay Landlord at the address shown above, or as amended, rent for the lease premises, on a monthly basis as follows: Year 0 $14,130 per month for Year 2008 Year 1 $14,620 per month for Year 2009* Year 2 $15,114 per month for year 2010* Year 3 $15,606 per month for year 2011* Year 4 $16,096 per month for year 2012* . Year 5 $16,580 per month for year 2013* Year 6 $17,080 per month for year 2014* Year 7 $17,572 per month for year 2015* Year 8 $18,064 per month for year 2016* Year 9 $18,556 per month for year 2017* Year 10 $19,048 per month for year 2018* * Subject to the Common Area Maintenance and Base Operations adjustments as indicated in paragraphs 13 and 14. 10. RENT DUE DATES. Rent is due in advance on the 1st day of each month. , " 11. UTILITIES. Utilities for the leased space for remaining months of the year 2008, will be estimated and paid for at the rate of $1,720 per month, starting on the date when the space is turned over to Lessee to move in. For the remaining years of the lease term, Lessee shall be responsible for paying the actual utilities costs associated with the leased space occupied by Lessee. The costs for utilities will be paid to Lessor, who will remit paYment to the utility companies. Should actual costs be more or less, an adjustment may be billed periodically based on booked costs. A detailed accounting will be furnished by Lessor in this event. In no event shall Lessee be responsible for paying any profit to Lessor for utility costs. 12. COMMON AREAS. The 985 Broad Street Building contains Common Area space consisting of an Entrance Lobby, Parking Lot, Courtyard, Elevator, Stairs, Building Safety Alarm Systems, etc. This Common Area space is accounted for separately and will be allocated to each tenant based on their total share of the total space in the building. 13. COMMON AREA MAINTENANCE. The cost of Common Area Maintenance (hereinafter "CAM") will vary each year depending on actual booked costs. With no historical data to base this on for the year 2008, the total cost of CMA is estimated to be about $24,000 for the entire premises of 985 Broad Street for the entire year of 2008. Common Area Maintenance cost for Lessee is included in Lessee's rent paYment schedule as indicated in paragraph 9 of this agreement. This lease covers approximately 48 percent of the total space at 985 Broad Street. For the year 2008, Lessee's portion of the total CAM costs were estimated at $960.00 per month and this amount is included the 2008 rent schedule. As to the years 2009 through 2018, CAM cost will continue to be included in Lessee's rent paYment in accordance with the schedule contained in paragraph 9 of this agreement. However, the proportionate cost of the CAM expenses will be adj usted annually based on actual booked costs from the previous year. Lessee will be notified each year of any adjustments necessary when Lessor's books are closed for the previous year. 14. BASE OPERATIONS COSTS. The Annual Base Operating Costs (hereinafter "BOC") for the operation of this building will consist of Taxes, Insurance and Normal Operations and Maintenance. The cost of "BAC" will vary each year depending on actual booked costs. BAC costs for Lessee is included in Lessee's rent paYment schedule as indicated in paragraph 9 of this agreement. This lease covers approximately 48 percent of the total space at 985 Broad Street. For the year 2008, Lessee's portion of the total BAC costs were estimated at $1,270.03 per month and this amount is included the 2008 rent schedule. As to the years 2009 through 2018, BAC cost will continue to be included in Lessee's rent paYment in accordance with the schedule contained in paragraph 9 of this agreement. However, the proportionate cost of the BAC expenses will be adjusted annually based on actual booked costs from the previous year. Lessee will be notified each year of any adjustments necessary when Lessor's books are closed for the previous year. 15. JANITORIAL. Lessee shall provide their own Janitorial Services. 16. TAXES. To be paid by the Lessor. 17. LESSOR INSURANCE. Landlord shall provide fire, casualty and commercial liability insurance on the building itself but not the Lessee nor their equipment and possessions. 18. LESSEE INSURANCE. Lessee shall provide- or be self-insured for- all fire, casualty and liability insurance for all its business operations on the leased premises. Lessor shall be specifically included as an additional named insured on any policy of insurance that Lessee has or obtains as related to fire, casualty and liability insurance. 19. USE. The space shall be used for General Office Space, Meeting Rooms, Hearing Rooms, Courtrooms, Holding Rooms, etc. Lessee will be responsible for any and all liability or damage caused by any detainees using leased space. 20. SIGNS. Tenant shall not post or paint any signs at, on or about the leased premises or paint the exterior walls of the building without the prior written consent of the Lessor. 21. MAINTENANCE AND REPAIRS. Lessor shall keep the premises in good repair. Lessor shall not be required to make any repairs occasioned by the negligence of Lessee, its employees or agents. Lessee shall keep the lease premises in good, clean condition and shall at its sole cost and expense, make all needed repairs and replacements, caused by their negligence or vandalism to the leased space. At the termination of this lease, Lessee shall deliver the lease premises in good order and condition, normal wear and tear excepted. Normal wear and tear means deterioration which occurs without negligence, carelessness or abuse. 22. SIGNS. During the last 180 days of this lease, a "For Sale" and/ or "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 23. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws, orders and requirements of all government entities with reference to the use and occupancy of the leased premises. 24. NOTICES. Notices to. Lessor and Lessee shall certified mail to the attention of the parties successors by amendment) as listed below: be sent by (and their LESSOR The Porter Company 1006 Fleetwood Plaza Hendersonville, NC 28739 Phone 828-696-9912 Fax 828-693-7799 Attn: Mr. Jimmy Porter LESSEE Augusta-Richmond County Georgia 501 Greene Street, Suite 301 Augusta, Georgia 30901 Phone 706-821-2426 Fax 706-821-2484 Attn: Mr. Rick Acree 25. WAIVER OF BREACH. Except as otherwise provided by law, the waiver by Lessor or Lessee of any breach of any provision of this lease shall not constitute a continuing waiver of any subsequent breach or a different provision of this lease. 26. INTERUPTION OF UTILITIES. If any utility services furnished by Lessor are interrupted despite the good faith effort of Lessor to remedy same, Lessor shall not be liable in any respect for damages to the person or property of Lessee or the property of Lessee's employees, agents or guests. Lessor shall use reasonable diligence to repair and remedy such interruption promptly. 27. DESTRUCTION. In the event the lease premises is partly damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Lessor may repair the damage and restore the leased premises to substantially the same condition as immediately prior to the occurrence of the casualty. If the leased premises are totally destroyed or deemed by the Lessor to be rendered unfit for occupancy by fire or other casualty, or if Lessor shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such loss. 28. SUBORDINATION. Lessor may subordinate this lease to any mortgage, Deed of Trust, or other lien hereafter placed on the premises. Lessee agrees to execute such further instruments subordinating this lease as Lessor may request. Such subordination shall be recognized by the mortgagee, and the rights of Lessee shall remain in full force and effect during the term of this lease so long as Lessee shall continue to perform all of the covenants and conditions of this lease. 29. ALTERATIONS. All permanent alterations, additions and improvements, except trade fixtures, installed at expense of Lessee, shall become the property of Lessor and shall remain upon and be surrendered with the leased premises on the termination of this lease. Such permanent alterations, additions and improvements may only be made with the prior written consent of Lessor. Lessee shall furnish to Lessor a certificate of insurance, or written statement of self- insurance, showing coverage in an amount satisfactory to Lessor protecting Lessee from liability for injury to any person and damage to any personal properly, on or off the lease premises. No equipment or structure of any kind shall be placed on the roof or elsewhere on the lease premises by Lessee without permission of Lessor. Such work or installation shall be done at Lessee's expense. Prior to termination of this lease, Lessee shall remove any such Trade Equipment and repair any damages there from at its expense. 30. LIABILITY. Lessor and its employees and agents shall not be liable to Lessee or to Lessee's employees, patrons, visitors, invites, or any other persons for any injury to any such persons or for damage to personal property caused by any, omission or neglect of Lessee or Lessee's agents or of any other tenant of the space leased by Lessee. Lessor shall be liable for maintaining common areas of 985 Broad Street. 31. RIGHT OF ENTRY. Lessor, with prior notice and mutual agreement with Lessee, shall have the right during normal business hours to enter the premises: a) to inspect the general condition and state of repair thereof and, b) to make repairs required or permitted under this lease, or c) for any other reasonable purpose. 32. CHOICE OF LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the state of Georgia. 33. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties of this lease. 34. RIGHTS AND REMEDIES. The use of anyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 35. LEGAL CONSTRUCTION. In case anyone or more of the provisions contained in this agreement shall for any reason . be held to be invalid, illegal, or unenforceable in any. respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 36. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 37. SUBLETTING. Tenant shall have the right to sublet these leased premises or any interest therein. A copy of any such agreement shall be furnished to Lessor. 38. PARKING. Tenant and Subtenants and their employees have the right to park in the rear parking lot of the premises at no charge and on a first-come first-serve basis. Employees of Tenant and its Subtenants will be required to register with the building manager (Cross Creek Design & Builders) and will be issued a decal as a means of managing the use of the lot. Three Parking Spaces will be specifically dedicated for and marked as Reserved for Judges. The Porter Company -M~ ~ ~ Ji . Porter Augusta-Richmond County A~y Cke--k tL---- Mayor Deke -C'openhaver By Date 1/9/01 Date ~ (~( t::^(' ATTEST: 'j-}cLx~ t.J. Ynm~ Deputy erk of Commission