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Home My WebLink AboutTHOMAS IRVIN TAG OFFICE FARMERS MKT I " STATE OF GEORGIA, RICHMOND COUNTY " , AUGUSTA STATE FARMERS' MARKET 1150 5th Street, Augusta, GA 30901 THIS AGREEMENT, made and entered into this 1 st day of January , 20 06 , between THOMAS T. IRVIN, Commissioner of Agriculture, State of Georgia, and his/her successors in office, acting under authority vested in him/her by the laws of Georgia, hereinafter called Lessor and . Augusta-Richmond County Commission , hereinafter called Lessee. WITNESSETH: That the Lessee has this day rented and leased from Lessor and Lessor has rented and leased to Lessee the following premises: Building 31; 3,510 sq. ft. dry to be used for tag office for a term of 12 months commencing on the 1 st day of January ,20 06 , and ending on the 31st day of December ,20 06 for which the Lessee agrees to pay Lessor, his/her successors or assigns, promptly on the first day of each month, in advance, $ 565.00 and a utility fee (subject to adjustment depending on usage) of $ 0.00 for a total monthly rental of Five Hundred Sixty Five and NO/100 DOLLARS ($ 565.00 ). Upon failure of Lessee to pay rent when due, Lessor has the right, at his/her option, to declare this lease void, cancel without any legal proceeding, re-enter and take possession of the premises. Lessor may, upon a breach of this lease, rent and sub-let the premises at the best price obtainable by reasonable effort, under private negotiations, and charge the balance, if any, between said price of sub-letting and the contract price of Lessee, and hold him/her/it therefore. Such sub-letting on the part of the Lessor will not in any sense be a breach of the contract on the part of the Lessor, but will be merely as agent for the Lessee and to minimize the damage. These rights of the Lessor are cumulative and not restrictive of any other rights under the law, and failure on the part of Lessor to avail himself of these privileges at any particular time shall not constitute a waiver of these rights. It is further mutually agreed as follows: (1) Lessee hereby waives and renounces for himself and family all homestead and exemption rights he/she/it or they may have under or by virtue of the laws of this State or the United States as against any liability that may accrue under this contract. Lessee agrees to pay fifteen percent (15%) attorney's fees on any part of said rental that may be collected by suit or by attorney after the same has become due. (2) Lessee is to repair at his/her/its own expense any damage to water or steam pipes caused by freezing, or damage caused by any neglect on his/her/its part; also to be responsible for all damages to the property of Lessor~s other tenants in said building, If there be any, or to the adjoining buildings, caused by the overflow or breakage of water works in said premises or caused by any neglect on his/her/its part, during the term of this lease. Lessee agrees not to assign this lease nor to sub-let said premises, or any part thereof, without the written consent of said Lessor; and will deliver said premises at the expiration of this lease in as good order and repair as when first received, natural wear and tear excepted. (3) Lessee hereby releases Lessor from any and all damages to both person and property and will hold the lessor harmless from all such damages during the term of this lease. (4) Should the premises be destroyed or so damaged by fire as to become untenable, this lease shall cease from the date of the fire. (5) Lessee is to make no changes of any nature in the above named premises without first obtaining written consent from said Lessor or his/her Agent, nor to paint any signs on buildings herein leased. Any improvements made to the premises become an integral part of the premises immediately upon being affixed thereto and automatically become the property of Lessor; however, Lessee shall not be subject to additional rents for such improvements during the term of this lease. Lessee shall not display advertising or promotional material of any type on the exterior walls (including, without limitation, on or through the windows, doors or other opening), on open sheds (less than three sides) or walkways, in public and common areas of the Market, or on driveways or streets, without the express written permission of the Lessor. It is not a violation of this provision if such advertising or promotional material is incidentally visible from the interior or an area enclosed by three or four Page 1 of 2 J V'rall~ (incluging windows and doors), and the Lessor or his/her agents shall have the right to enter said premises at reasonable hours, to examine the same,make such repairs, additions or alterations as may be deemed necessary \ for the safety, comfort and preservation of said building, and to enter upon said premises at any time to repair or , improve Lessor's adjoining property, if any. (6) Lessee agrees not to leave the premises herein leased unoccupied, nor to do or to permit any act which would vitiate the fire insurance policy upon said property, or increase the insurance rate; further Lessee agrees to pay all electric lights, water, heat, gas, power and utility bills or charges accruing against said property during the term of the contract; and to conform to and obey all rules, orders, regulations and guidelines promulgated by the Commissioner of Agriculture (Lessor) in accordance with the law, which said rules, orders, regulations and guidelines are incorporated into this lease and contract and made a part hereof by reference thereto, and the same shall be binding as if actually written into this contract. . (7) In the event bankruptcy or state insolvency proceedings shall be filed and sustained against Lessee, his/her/its heirs or assigns, in any Federal or State Court, the Lessor, his/her heirs, successors, or assigns, shall have the right, at their option, to immediately declare this contract null and void, and to at once resume possession of the property. No Receiver, Trustee, or other judicial officer shall ever have any right, title orinterest in or to the above-described property by virtue of this contract. (8) It is mutually agreed and understood that the Commissioner of Agriculture retains full and complete control at all times of the property affected by this lease. It is further mutually agreed and understood that should any dispute or disagreement arise between Lessor and Lessee and should Lessee desire to take matter to court, the . Lessee then and in that event hereby agrees to immediately surrender premises pending outcome of such suit. (9) Lessor has the privilege of carding the above premises for rent or for sale at any time within thirty days previous to the expiration of this lease, and during the said time to exhibit said premises during reasonable hours. (10) If the Lessee shall violate any of the restrictions in this lease or should Lessee fail to abide by and keep all rules and regulations promulgated by the Commissioner of Agriculture in accordance with the law or fail to keep any of its covenants, the Lessor or his/her agent may at once, if they so elect, declare this lease void, terminate t~~ same and at once take possession of the premises. (11) The within premises shall not be used for any purposes except for the purposes herein designated, without the written consent of the Lessor, or of the Lessor's agent. (12) It is further agreed that no liability shall accrue against Thomas T. Irvin personally or as an individual on account of any default or failure on any part of this contract. (13) Lessee agrees to keep the leased premises free of all trash and garbage and in a neat and orderly fashion, and be responsible for the collection and removal of all garbage generated at Lessee's rented place of business. IN WITNESS WHEREOF the Lessor and the Lessee have hereunto set their hanus, the day and year first above written. '. . , - ' ~ GEORGIA DEPARTMENT OF AGRICULTURE ~..,...~.. (Seal) Thomas T. Irvin, mmissioner of Agriculture (Lessor) /ow AUGUSTA-RICHMOND COUNTY COMMISSION ( 2~x1)/~? Lessee) ---. (Seal) Revised 11/8/05 Page 2 of 2