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Home My WebLink AboutVALUBOARDS WRIGHTSBORO ROAD =--- , , . . >, . l . r ' :.1 STATE OF GEORGIA ) COUNTY OF RICHMOND ) LEASE AGREEMENT THIS LEASE, made as of this ~ day of tv1~rtL , 1999, by and between AUGUSTA, GEORGIA, (hereinafter referred to as "Landlord") and V ALUBOARDS, (hereinafter referred to as "Tenant"). WIT N E SSE T H: 1. PREMISES. The Landlord, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter set forth, to be paid, kept and performed by the Tenant, does hereby lease unto the said Tenant, and said Tenant hereby agrees to lease and , take upon the terms and conditions which hereinafter appear, the property (hereinafter called "Premises") described as follows: (SEE EXHIBIT "A" ATTACHED HERETO) 2. TERM. The term of this lease shall be for a period of five (5) years commencing on ::r~N. \ , 1999, and ending on 'i)ECE:"M B~ \ , 2004, unless sooner terminated as hereinafter provided. 3. RENTAL. Tenant agrees to pay to Landlord promptly in advance on the first day' of each year, during the term of this lease, a rental of-Six Hundred and' ~o/l 00 - ......- ~ >' . . r. a.. Dollars ($600.00), plus a rental increase of eight percent (8%) each year after the first"year. . , " , , " 4. TERMINATION BY PARTIES. Regardless of any other provisions relating to the term of this Agreement, either party has the right to terminate this lease for any reason upon thirty (30) days written notice to the other party. 5. ASSIGNMENT AND SUBLETTING. Tenant shall not, without the prior written consent of Landlord endorsed hereon, assign this lease or any interest hereunder, or sublet Premises or any part thereof, or permit the use of Premises by any party other than Tenant. 6. ENTRY BY LANDLORD. Landlord and their respective duly authorized representatives shall have the right to enter the Leased Premises at all reasonable times and upon reasonable prior notice [which shall not be less than two (2) business days] for the purposes of inspecting the conditions of same or to make repairs required of. Landlord, and to make repairs to Landlord's adjoining property, if any. 7. CANCELLA TION OF LEASE BY LANDLORD. It is mutually agreed that in the event the Tenant shall default in the payment of rent herein reserved, when due, and fails to cure said default, within five (5) days after written notice thereof from Landlordi or if Tenant shall be in default in performing any of the terms or provisions of this lease other than the provision requiring the payment of rent, and fails to cure such default within ten (10) days after the date of receipt of written notice of default from landlord, or if Tenant is adjudicated bankrupti or if a permanent receiver is appointed for Tenant's property and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant 2 ~, " I l" " to obtain such removalj or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferredj or if Tenant makes an assignment for benefit of creditorsj or if Tenant's effects should be levied upon or attached under process against Tenant, not satisfied or dissolved within ten (10) days after written notice form Landlord to Tenant to obtain satisfaction thereofj then, and in any of said events, Landlord at his option may at once, or within six (6) months thereafter (but only during continuance of such default or condition), terminate this lease by written notice to T enantj whereupon this lease shall end. After an authorized assignment or subletting of the entire Premises covered by this lease, the occurring of any of the foregoing defaults or events shall affect this lease only if caused by, or happening to, the assignee or sublessee. Any notice provided in this paragraph may be given by Landlord, or his attorney, or Agent herein named. Upon such termination by Landlord, Tenant will at once surrender possession of the Premises to Landlord and remove all of Tenant's effects therefromj and Landlord may forthwith re-enter the Premises and repossess himself thereof, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detained or other tort. 8. HOLDING OVER. If Tenant remains in possession of Premises after expiration of the term hereof, with Landlord's acquiescence and without any express agreement of parties, Tenant shall be a tenant at will at rental rate in effect at end of leasej and there shall 3 I' ' I . T . ' 1. . . be no renewal of this lease by operation of law. 9. ATTORNEY'S FEES AND HOMESTEAD. If any rent owing under this lease is collected by or through an attorney at Law, Tenant agrees to pay fifteen per cent (15%) thereon as attorney's fees. Tenant waives all homestead rights and exemptions which he may have under any law as against any obligation owing under this lease. Tenant hereby assigns to Landlord his homestead and exemption. 10. SERVICE OF NOTICE. Any notice required to be served upon Tenant hereunder shall be deemed sufficient when mailed by certified mail return receipt requested addressed to Tenant at: ValueBoards is-{) LArJp.(- ~fh.~ ~vO hV\l~1 G-A. )o~\J~ Any notice required to be served upon Landlord hereunder shall be deemed sufficient when mailed by certified mail return receipt requested address to Landlord at: Administrator, Augusta, Georgia 801 Municipal Building (II) 530 Greene Street Augusta, Georgia 30911 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. INDEMNIFICATION. Tenant shall indemnify Landlord against any claims, cause of action, expense, loss or liability paid, suffered or incurred including reasonable 4 I." '." I. " attorney's fees and litigation expenses incurred by landlord in defense of any such claims and/or causes of action as the result of any breach by Tenant, Tenant's agents, servants, employees, visitors or licensees of any covenant or condition of this lease, or as the result of Tenant's use or occupancy of the demised Premises, or the carelessness, negligence or improper conduct of Tenant, Tenant's visitors, agents, employees, patrons, or invitees. Tenant's liability under this lease also extends to the acts and omission of any subtenant, and any agent, servant, employee, patrol, or invitee of Tenant or any such subtenant. 13. USE OF PREMISES. The allowed use for the premises is the maintenance of billboard advertisements which have been erected prior to the date of this Lease, as listed on Exhibit "B" attached hereto and incorporated herein by reference. Tenant may nor replace or move the existing billboards, and may not increase the number of billboards on the Premises, without prior written approval of Landlord. In the event Tenant ceases to use the Premises for the purpose outlined above, (including use or attempted use of the Premises for any other purpose), this Lease shall be automatically terminated and Tenant's billboards shall be immediately removed from the Premises, with no further obligation of Landlord to Tenant. Tenant shall not abandon or vacate the Premises, shall maintain the Premises at all times and keep the same in a safe condition. At the termination of this lease, Tenant shall deliver possession of the Premises to Landlord in as good condition as existing at the commencement of this lease agreement. 5 , . , ." 14. MAINTENANCE AND REPAIRS Tenant acknowledges that it is aware of the condition of the Premises and that it accepts the Premises "as is". The ordinary upkeep and maintenance of the Premises and any repairs for damages occasioned by the operation of Tenant shall be provided by and at the expense of Tenant. 1 5. TAXES. ETC. (a) Tenant shall be responsible for payment of and shall indemnify and save and hold harmless the Landlord for payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind, which during the term of this lease, or any extensions thereof, are or might be levied, assessed, charged or imposed upon or against the said Premises. (b) If Tenant does not, after reasonable notice having been given, pay any and all of said taxes, assessments, license fees, excises, fees and charges of every sort, nature and kind, or bills for water, sanitation, gas, heat, light, power, steam and telephone service and any and all of the service supplied to the Premises, Landlord may pay the same and such payment shall be deemed so much additional rents, and shall be due and payable within the next installment of rent due hereunder. 16. GENERAL. (a) The various rights and remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right of remedy of such party, 6 " II , ' . .' . I , the laws of the State of Georgia. (f) All claims, disputes and other matters in question between all parties arising out of or relating to the agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. All parties, by executing this Agreement, specifically consent to venue in Richmond County and waive any right to contest venue in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, the said Landlord and Tenant have hereunder set their hands and affixed their seals in duplicate, as of the day and year first above written. -~ Attest . erk. J, _ ~ By tr . ../ ' TENANT: V ALUBOARDS BY~ Title ~ AttesdLIJ~~ Sworn to and subscribed before me this day of , 19_ --~r)(7~ / ~ L12J~ N~ry~~ ! My Commission Expires: DG / d- I 0 / I / J 8 , " . . " I. EXHIBIT A Property description: 1712 Highland Avenue. Property located on Highland Avenue at Waterworks Shop south of Wrightsboro Road. . . . .;~ NOlE,S: 1. PLAT COMPILED FROM INFORMA 1l0N ON FILE IN THE CITY ENGINEERING OmCE. -- ~VE.NUE. 60' - H\GHLp...ND -- TAX. MAP: 43-4 PARCU: 15.1 -4oc! erN Of AUGUSTA ~ CARPENlER'S SHOP 0::: a Lt) ~ .... ~ J- TAX MAP ,J, ~~ ~'l W 43-4 ~~ W PARCEL ~8 ~8 ~8 g: 45 ~~ ~~ ~~ en t-Q. t-Q. I-Q. Z ~ LL :J () OHIO STREET 50' R/W PLAT FOR THE AUGUSTA COMMISSION SHO'MNG AN AREA OF CARPENlER'S SHOP PROPERTY TO BE LEASED FOR A BILLBOARD. RICHMOND COUNTY, GEORGIA SCALE: 1. lOt 100' MARCH 1, 1999 100' f50' o 100' GRAPHIC SCALE IN FEET PREPARED BY: DEPARTMENT OF PUBLIC WORKS ENGINEERING DVISION. ROOM 701. MUNICIPAl.. BUILOING, 530 GREENE STREET, AUGUSTA, OEORGlA 30811 JACK MURPHY - DIRECTOR OF PUBLIC WORKS AND ENGINEERING DWG.: 99007