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