HomeMy WebLinkAboutValu-Lodge
Augusta Richmond GA
DOCUMENT NAME: '-JO.l.u.-L~
DOCUMENTTYPE:~~~~~
YEAR: ~l
BOX NUMBER: 03
FILE NUMBER: \ ~Dl.9. 0
NUMBER OF PAGES: \6)
\,
"
.. .,
AUGUSTA-RICHMOND COUNTY COMMISSION
. LAlUtY E. SCONYERS
Mqar
ROOM 801 MUNICIPAL BLDG. (II)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
LEE BEARD
ULMER 8IUDGES
JEItIly 8IUGIIAM
HENRY K BIlJGIIAM
WILLIAM B.ItUIILKE. Ja.
WM. "WILLIE" K MAYS. m
I. B. POWELL
MOSES TODD
ROB ZE11IIBERO
~DIELHANDY
Ma)w Pro Tan
March 10, 1997
CHARLES R. OUYB,' i. OA
~
IAMESB. WALL
AIlaIMJ
..,-
r.o.1OX JIB
Aapam. GA. 30903
VIA HAND DELIVERY
Ms. Lena J. Bonne~,
Clerk of Commission
Municipal Building (11)
Augusta, Georgia 30911
RE: Lease and Management Agreement with Valu-Lodge
Dear Lena:
Enclosed please find the original Lease and Management
Agreement between the County and Valu-Lodge, which should be
maintained in your permanent files and records.
Should you have any questions, please give me a call.
Thanking you and with best personal regards, I am
Yours very truly,
y20JA
LORI S. D'ALESSIO
LSD:hbs
Enclosure
CC: Mr. Albert McDill, Director
Bush Field Airport
Mr. James B. Wall
..
i
.'
LEASE AND MANAGEMENT AGREEMENT
THIS LEASE AND MANAGEME~T AGREEMENT (the "Agreement"), made this 9th
day of March , 1997, by and between Richmond County, Georgia, acting by
and through the Augusta Aviation Commission (hereinafter referred to as "OWNER"),
and VALU-LODGE OF AUGUSTA #2, INC., a corporation organized and existing under
the laws of the State of Georgia (hereinafter referred to as "AGENT").
WITNESSETH THAT:
WHEREAS, Owner is the owner of certain hotel facilities located at Bush
Field airport, which facilities are more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference herein; and
WHEREAS, Owner desires to lease said facilities to Agent and desires for
Agent to manage said facilities, and Agent desires to lease and manage said
facilities, both under the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Owner and Agent, intending to be
legally bound, do agree as follows:
1. Lease Agreement.
1.1 Leased Premises. Owner, duly authorized, does hereby lease
unto Agent, and Agent does hereby lease and obtain for the purposes herein set
forth from Owner, the area described in the attached Exhibit "A" (hereinafter
called the "Leased Premises"). "Leased Premises" shall also include any changes,
additions, alterations, modifications and/or improvements on or to the Leased
Premises made in accordance with this Agreement.
1.2 Term. Owner hereby rents, leases and lets unto Agent, and
Agent hereby rents and leases from Owner, the Leased Premises, for the rental and.
upon and subject to the terms and conditions set forth herein, for an initial
term of four (4) years, commencing upon the execution of this Agreement by all
parties.
Agent shall have a right of first refusal on any offer to lease,
purchase or manage the Leased Premises which may be provided at the expiration
of the term of this Agreement. Any exercise of a right of first refusal for
leasing or managing the Leased Premises shall be limited to an additional term
of four (4) years.
This Lease shall create a usufruct only and not an estate for years.
1.3 Rental. Rent shall be due and payable as follows:
a. During the first and second years of the term of this
Agreement, rent shall be five percent (5%) of total gross revenues of all
facilities within the Leased Premises, with a minimum rent of $12,000 per year.
"Total gross revenues" includes but is not limited to room charges, food and
drink charges, vending machine receipts, etc. "All facilities within the Leased
Premises" includes but is not limited to the guest rooms, the restaurant and
lounge to be constructed pursuant to this Agreement, catering operations and/or
the swimming pool facilities. Rent is to be paid to the Augusta Aviation
Commission monthly, on or before the 25th day of the following month based on .
gross revenues for the previous month.
1
"
r
..
b. During the third and fourth years of the term of this
Agreement, rent shall be seven percent (7%) of total gross revenues of all sales
of food in the hotel restaurant, plus ten percent (10%) of total gross revenues
of all sales of alcoholic beverages and catering charges in connection with the
Leased Premises, plus ten percent (10%) of total gross revenues of all other
facilities within the Leased Premises, including but not limited to room charges.
with a minimum rent of $20,000 per year).
in Section 1.2
percent ( 10% )
Premises, with
c. Should Agent exercise its right of first refusal granted
above, rent during said additional four-year period shall be ten
of total gross revenues of all facilities within the Leased
a minimum rent of $30,000 per year).
The obligation of Agent to make the rent payment called for in this
Section 1.3 shall be absolute and unconditional in all events and shall not be
subject to any setoff, defense, counterclaim, or recoupment for any reason
wha~soever, except as otherwise provided by the law of the State of Georgia.
1.4 Interest; Attornev' s Fees. Any rental payment or other payment
required to be paid by Agent hereunder, if not paid within 10 days of the due
date, shall bear interest from the date the same became due until the date
payment is received by Owner at the rate of 1.5% per month (18% per annu~). If
Agent fails to pay any rental payment or any other payment required to be paid
by Agent hereunder and the same is collected through the services of an attorney
at law, Agent shall pay to Owner attorneys' fees in the amount of ,15% of the
total amount due from Agent and all reasonable expenses of litigation.
1.5 Utilities. Agent shall pay all charges for electricity, gas,
water, telephone, sewer service, sewer treatment, telephone and any other
communication or utility service used in or rendered or supplied to the Leased
Premises throughout the term of this Agreement and shall indemnify Owner and hold
it forever harmless against any and all liability or damages. related thereto.
1. 6 Use of the Leased Premises. Agent shall use the Leased.
Premises herein leased only for the purpose of operating hotel facilities.
1.7 Reoairs and Maintenance. Agent shall maintain the exterior
surfaces of the Leased Premises, and all interior areas of the Leased Premises,
including any changes, additions, alterations, modifications and/or improvements
made by Agent as provided herein, in a condition comparable to that when
initially constructed, normal wear and tear excepted.
1.8 Chanaes, Additions, Alterations, Modifications, Imorovements.
Agent shall not, without .the prior written consent of Owner, make any changes,
additions, alterations, 'modifications and/or improvements, structural or
otherwise, in or upon any part of the Leased Premises. The foregoing shall also
apply to any exterior signs, notices, placement of machinery or equipment either
attached or placed outside of the Leased Premises. Agent agrees to submit any
and all plans for any changes, additions, alterations, modifications and/or
improvements to the Leased Premises to Owner for approval before said
alterations, changes or additions are begun. Owner shall not unreasonably
withhold its approval of said plans. Agent specifically agrees to make all
improvements listed on Exhibit"B" attached hereto and incorporated.herein by
reference, and agrees that construction of the restaurant and lounge listed on
Exhibit "B" hereto shall be completed so that the restaurant and lounge may open
for business no later than Friday, April 4, 1997.
1.9 Title to Chanaes, Additions, Alterations, Modifications,
Imorovements. It is mutually understood and agreed that title to any changes,
additions, alterations, modifications and/or improvements, whether existing on
the Leased Premises at the effective date of this Agreement or added to the
Leased Premises during the term of this Agreement, and to all of the buildings
2
,
l~
..
and structures and all other improvements of a permanent character that may be
built upon the Leased Premises by the Agent during the term of this Agreement
shall remain the property of the OWner during the term of this Agreement. Agent
agrees that it shall indemnify and hold harmless Owner with regard to any liens
which may be placed upon the Leased Premises during the term of this Agreement.
Agent shall not, however, remove any of said changes, additions, alterations,
modifications or improvements from the Leased Premises prior to the termination
of this Agreement. It is mutually understood and agreed that title to any
furniture and fixtures added to the Leased Premises by Agent during the term of
this Agreement shall remain the property of Agent during the term of this
Agreement. The cost of said changes, additions, alterations, modifications and
improvements shall be amortized over eight (8) years, and, should the OWner
determine at the end of the term of this Agreement, that the Leased Premises
shall no longer be operated, or should Agent fail to exercise its right of first
refusal granted in Section 1.2 above, then: (a) OWner shall pay Agent fifty
percent (50%) of the cost of all permanent improvements made to the Leased
Premises; and (b) OWner shall have the option of either purchasing the furniture
and fixtures provided by Agent at fifty percent (50%) of cost to Agent, or
requiring Agent to remove said furniture and fixtures from the Leased Premises
at Agent's sole expense.
1.10 Inspection bv OWner. Owner, its authorized officers,
employees, agents or representatives shall have the right to enter upon the
Leased Premises to make inspections during regular business hours when a
representative of the Agent is present, or at any time in case of an emergency
to determine whether Agent has complied with and is complying with the terms and
conditions of this Agreement; provided, however, that said inspection shall in
no event unduly disrupt or interfere with the operation of Agent.
1.11 Taxes. Agent shall, pay all p'ersonal property taxes which may
be assessed against its equipment, merchandise, or other property located on or
about the Leased Premises and any franchise fees or other taxes which may be'
imposed or assessed against Agent or its leasehold interest.
1.12 Rules and Requlations. Agent agrees that use of the Leased
Premises shall be conducted in compliance with all local, state and federal laws,
the ordinances of Augusta-Richmond County (including those ordinances in the Code
of the City of Augusta and the Richmond County Code, as applicable), the rules
and regulations of the Augusta-Richmond County Commission, all rules and
regulations of OWner, and all specific requirements set forth herein. Agent
further agrees to endeavor to conduct its business in such a manner as will
develop and maintain the good will and active interest of the general public.
Agent specifically agrees that its operations shall be conducted in
compliance with all federal, state and local environmental laws, rules and
regulations, and agrees to indemnify and hold harmless Owner (and each of Owner's
elected officials, officers, agents, employees and representatives), from and
against any claims, actions, demands or liabilities of any kind arising out of
or relating to Agent's use of the Leased Premises and relating to environmental
requirements. Agent's obligations hereunder shall include, without limitation,
and whether foreseeable or unforeseeable, all costs of any required or necessary
repair, cleanup or detoxif ication or decontamination of the Leased Premises based
on environmental requirements. Agent shall not be responsible nor liable for
environmental contamination on the Leased Premises which existed prior to the
beginning of the term of this Agreement or which is not related to Agent' s
operation of the Leased Premises.
3
.
1.13 Indemnitv: Insurance. Agent agrees to indemnify and hold
harmless OWner from any and all claims in any way related to or arising out of
any failure of Agent to perform its obligations hereunder or related to or
arising out of any damage or injury to property or persons, occurring or
allegedly occurring in, on O~i about the Leased Premises during the period from
the date of this agreement to the end of the Lease Term, including reasonable
attorney's fees and expenses of litigation incurred by OWner in connection
therewith. Agent further agrees that the foregoing agreement to indemnify and
hold harmless applies to. any claims- for damage or injury to itself and/or any
individuals employed or retained by itself in connection with any changes,
additions, alterations, modifications and/or improvements made to the Leased
Premises, and hereby releases OWner from liability in connection with any such
claims.
Without limiting the foregoing, Agent further agrees to maintain at
all times during said period, at Agent's expense, comprehensive and general
public liability insurance coverage against claims for personal injury, death
and/or property damage occurring in connection with the use and occupancy of the
Leased Premises or arising out of their ownership, improvement, repair or
alteration of the Leased Premises with limits of coverage of not less than
$1,000,000.00 per person and $1,000,000.00 per occurrence and not less than
$1,500,000.00 for property damage.
Agent shall also purchase and maintain in effect during the term of
this Lease Agreement, any extension or renewal of this Lease Agreement, policies
of insurance written by a company or companies qualified to do business in the
state of Georgia, providing insurance coverage against fire and casualty to the
Leased Premises, which policies shall be in an amount equal and sufficient,
subject to approval by OWner, to cover the value of the Leased Premises,
including an amount equal and sufficient to cover the value of any additional.
changes, additions, alterations, modifications and/or improvements, structural
or otherwise, on the Leased Premises, should such changes, additions,
alterations, modifications and/or improvements be made during the term, or during
any extension or renewal of this Lease Agreement pursuant to Agent's right of
first refusal granted herein.
The cost of premiums for all policies of insurance required by this
Lease Agreement shall be paid by Agent. All policies providing insurance
coverage required to be maintained by Agent hereunder shall list OWner, the
Augusta Aviation Commission, the Augusta-Richmond County Commission and its
Mayor, and their officers, agents, members, employees and successors as named
insureds, as their interests may appear, and shall be issued by an insurance
carrier or carriers licensed to do business in the state of Georgia and
reasonably acceptable to Owner. All such policies shall provide that no act or
omission of Agent or its agents, servants, or employees shall' in any way
invalidate any insurance coverage for the other named insureds. No insurance
policy providing any insurance coverage required to be provided by Agent
hereunder shall be cancelable without at least 15 days advance written notice to
OWner. All insurance policies required hereunder, or copies thereof, shall be
provided to OWner by Agent. In the event Agent's insurance company, after
diligent efforts by Agent, is unwilling to agree to notify OWner directly of the
aforeme~tioned 15 days' advance notice of cancellation, Agent hereby agrees to
provide notice of cancellation to OWner immediately upon its receipt of such
notice. .
If the Leased Premises should be damaged or destroyed by fire or
other casualty, the same shall b~ repaired or replaced utilizing the proceeds of
the insurance coverage required to be maintained by Agent under the terms of this
Agreement. In the event such damage or destruction renders the Leased Premises
untenantable, the rent required to be paid hereunder shall nevertheless continue
to be paid by Agent without interruption during the period of repair or
replacement.
4
;:
1.14 Assiqnmemts. Agent shall not, without the prior written
consent of the OWner, assign this 'Lease or any interest thereunder, sublet the
Leased premises or any part thereof or permit the use of the Leased premises by
any party other than Agent. OWner shall not unreasonably withhold.its consent
under this Section, and agrees, to use its best efforts to respond to any request
for assignment or sublease promptly. Any consent to one assignment or sublease
shall not destroy or waive this provision, and all later assignments and
subleases shall likewise be made only upon prior written consent of the OWner.
Subtenants or assignees shall become liable directly to the OWner for all
obligations of Agent, without relieving Agent's liability.
1.15. Default. It is understood between the parties hereto that in
the event of default by either of the parties during the term of this Lease, the
other party shall have the right forthwith to give notice thereof to the party.
in default, same to be in writing, and if such condition of default is not
removed and restored within ten (10) days after receipt of such notice, then the
other party shall forthwith have the option of declaring this Lease in default
and proceed to enforce their rights in accordance with the law.
For purposes of this Section, an "event of default" includes but is not
limited to: (a) Agent's failure to make any payment when it becomes due under
this Agreement, where such failure continues for 10 days after the due date;. (b)
Agent's failure to perform, observe and/or comply with any provision of this
Agreement, where such failure is not cured within 15 days of notice thereof from
OWner; or (c) Agent's insolvency or inability to pay its debts as they become
due, or Agent's making of an assignment for the benefit of creditors, Agent's
application for or consent to the appointment of a receiver, trustee, conservator
or liquidator of Agent or of any of its assets, or Agent's filing of a petition
for relief under any bankruptcy, insolvency, reorganization or similar laws, or
the filing of a petition in, or proceeding under, any bankruptcy, insolvency,
reorganization or .similar laws against Agent, which is not dismissed or fully
stayed within twenty (20) days after the filing or institution thereof.
1.16 Ouiet En;ovment. Inqress and Eqress. OWner covenants and
warrants that Agent, so long' as it shall pay the rentals herein stipulated and
shall perform the duties and obligations herein agreed to be performed by it,
shall peaceably and quietly have, hold and occupy and shall have the exclusive
use and enjoyment of the Leased Premises during the term of this Lease Agreement
and any extensions thereof. Agent, its invitees, guests, customers and employees
shall have full right of ingress and egress to the Leased Premises at all times
and without charge, toll or fee.
1.17 Leased Premises accepted "as-is. " Agent acknowledges and
agrees that he has inspected the Leased Premises prior to his execution of this
Lease Agreement, that he is aware of the condition of the Leased Premises as of
the date of execution of this Lease Agreement, and Agent leases the Leased
Premises "as-is."
2. Management Agreement
2.1 OWner hereby hires and engages Agent as the exclusive operator
and manager of the Leased Premises, and Agent agrees to operate and manage the
Leased Premises pursuant to the terms and conditions hereinafter set forth. As
consideration for the management services outlined below, Agent may retain all
gross revenues from the Leased Premises except those paid to OWner as rent
pursuant to Section 1, above.
2.2 Agent agrees that it will manage and operate the Leased
Premises in accordance with the same procedures, practices, management technique
and other rules of operation used by similar hotels and those managed by Agent
for the account of others.
5
~
2.3 In connection with the general authority of Agent to operate
the Leased Premises, the Agent shall render and perform the following specific
services and duties:
(a)
Act as the sole and exclusive manager of the Leased Premises
and direct Jmd control the management and operation of the
Leased Premises in accordance with prevailing industry
standards for premises of comparable location and facilities,
and specifically improve and operate the Leased Premises to
the standards for all VALU-LODGE premises;
Establish prices and rate schedules for guest units, meeting
rooms, commercial space, food, beverages and other saleable or
rentable items comprising the Leased Premises or its business;
Negotiate, execute, and deliver~ on behalf of Owner and with
OWner's prior approval, concession agreements for stores,
office or lobby space, or other rooms or rental space
comprising a portion of the Leased Premises provided that no
such lease shall be for a term greater than the term of this
agreement without the written consent of OWner;
Apply for, obtain and maintain in the name of and at the
expense of Agent or its designees, all licenses and permits
required of OWner or Agent in connection with the management
and operation of the Leased Premises. Owner agrees to
cooperate fully with Agent in the procurement and maintenance
of such licenses and permits and to provide to Agent such
information and ancillary documentation as Agent shall request
in connection with procuring and maintaining such licenses or
permits. In the event such licenses or permits cannot be
obtained or maintained, then this agreement shall terminate at
the option of Agent ten (10) days after written notice to
OWner of the exercise of such option to terminate by Agent;
Supervise and attend to all advertising and promotional
matters pertaining to the Leased Premises. As part of the
annual operating budget submitted to OWner by Agent pursuant
to the terms of Section 2.7 hereof, Agent shall submit an
annual promotional and advertising budget to OWner;
Hire, discharge, suspend, discipline and compensate all
employees of the Leased Premises, necessary in Agent's sole
discretion for the efficient operation of the Leased Premises
("Operating Employees") and direct and supervise their work.
OWner shall have neither right nor obligation to supervise
their work. OWner shall have neither right nor obligation to
supervise, hire or discharge such employees. The wages,'
salaries and all additional remuneration to such Operating
Employees,~heth~r direct or indirect, and expenses incurred
with the hiring and maintenance of the staff of Operating
Employees shall be an operating expense of the Leased
Premises. Agent will do whatever is required by the laws of
the State where the Leased Premises is located to comply with
any federa~ or state withholding tax, Social Security,
unemployment, or workers compensation laws existing or enacted
in the future for the benefit of or affecting such employees;
Make, or cause to be made, at its expense, all ordinary.
maintenance, repairs and alterations of the Leased Premises
and plan and supervise changes in the decor of the Leased
Premises and purchase such building maintenance and janitorial
supplies as are necessary and appropriate for the operation of
the Leased Premises;
(b)
(c)
(d)
(e)
(f)
(g)
6
"
(h) Report immediately to Owner any and all accidents or claims
for damage resulting to the Leased Premises including any
damage thereto or destruction thereof and provide Owner with
written notice of such event or occurrence within seventy-two
(72) hours ,thereafter. Agent shall cooperate and make any and
all reports required by any insurance company in connection
therewith;
(j) Immediately upon service of legal or other process upon the
Agent which process affects or might affect Owner or the
Leased Premises, Agent shall send such process to the
attention of the Owner at the address for Owner hereinafter
set forth or as Owner otherwise directs in writing;
(k) Deliver to Owner, no later than the 25th day of each month, a
detailed statement of income and expenditures made in
connection with the operation of the Leased Premises for the
period ending on the last day of the previous month. Agent
shall be responsible for maintaining such records as shall
conform to the American Hotel and Motel Associations' Uniform
System of Accounts;
(m) Prepare and submit to Owner an annual operating budget as
provided herein;
(n) Arrange for, in the Agent's name, all water, electrical, gas,
fuel oil, telephone, vermin extermination, trash removal and,
other necessary services for the operation of the Leased
Premises and purchase all food, beverages, operating supplies
and other expendables necessary for use in the proper
operation of the Leased Premises;
(0) Provide all such services and functions as might reasonably be
expected of a professional hotel management company's central
office, including, but not limited to: supervision,
operational analysis, personnel recruitment, contract
negotiation, administrative and clerical functions, purchasing
and all other'reasonable and normal management functions at no
cost to Owner; and
(p) Agent shall pay the wages or other compensation of its own
employees who are engaged in the performance of duties imposed
under-this Agreement.
2.4 All duties performed by Agent and its employees under this
agreement shall be performed as an independent contractor. Nothing in this
agreement shall be construed as creating a partnership or any other relationship
between Agent and/or its employees and Owner except that of independently
contracting parties.
3. REPRESENTATIONS AND WARRANTIES.
Each party hereby represents and warrants that it has obtained all
necessary authorizations and approvals to enter into and to perform its
obligations under this Agreement, and that the representative executing this
Agreement on its behalf is duly authorized to do so. Owner represents and
warrants that, during the term of this Agreement, it shall not operate or allow
to be operated, another hotel or motel facility, or another restaurant and lounge
(other than within the restaurant and lounge facilities in operation at Bush
Field Airport as of the execution of this Agreement) at Bush Field Airport.
4. MISCELLANEOUS PROVISIONS.
4.1 In, the event that due to war, riot or insurrection, the
operation of the Leased Premises is not feasible according to accepted practices
of good hotel operations, Agent will be permitted to close the Leased Premises
for a period of up to and including one hundred twenty (120) days and be freed
during this time from operating the Leased Premises other than such services as
7
are necessary for protection and basic maintenance of the property. If at the
end of the one hundred -twenty (120) days, the conditions that caused the
interruption of operations have not ceased or improved sufficiently to permit the
operation of the Leased Premises in accordance with this Agreement, this
Agreement may be terminated by either party hereto upon fifteen (15) days'
written notice. -
4.2 Owner's or Agent's waiver of any breach or failure to enforce
any of the terms and conditions hereof shall not in any way affect, limit or
waive Owner's or Agent's right, respectively, at ahy time to enforce strict
compliance with such terms or conditions.
4.3 All books, cards, registers, receipts, documents and any
other papers connected with ,the operation of the Leased Premises, are and
shall remain the property of Agent, but shall at any and all reasonable times
during normal working hours be open and freely exhibited to Owner or an
officer or duly authorized representative of the Owner, for the purpose of
examination and/or audit. Monthly statements of gross revenues for the Leased
Premises shall be provided to Owner along with monthly rental payments, and
said statements shall be certified by Agent's comptroller. A copy of Agent's
annual budget shall be provided to Owner at least 30 days prior to the
beginning of Agent's fiscal year for which the budget has been developed.
4.4 Agent's authority shall be derived solely from this
Agreement and the Agent has no authority to act for, or represent the Owner
except as herein specified.
4.5 All prior conversations, discussions and agreements between
the parties herein are hereby merged into and set forth in writing as part of
this agreement, which shall constitute the entire agreement between the
parties.
4.6 All notices, demands, and requests which mayor are
required to be given by either Owner or Agent to the other shall be in writing
and shall be deemed to have been properly given when sent postage pre-paid by
registered or certified mail (with return receipt requested) addressed as
follows:
If intended for Agent:
VALU-LODGE OF AUGUSTA #2, INC.
c/o Melton Harrell
615 Peachtree Street NE
Suite 1100
Atlanta, Georgia 30308
If intended for Owner:
AUGUSTA AVIATION COMMISSION
C/O CHAIRMAN
1501 AVIATION WAY
AUGUSTA, GEORGIA 30906
with a copy to:
CHARLES R. OLIVER
ADMINISTRATOR
EIGHTH FLOOR, CITY~COUNTY BLDG. (11)
AUGUSTA, GEORGIA 30911
8
""
Either party may change the address and name of addressee to which
subsequent notices are to be sent by notice to the other given as aforesaid.
4.7 Wherever in this Agreement Owner's liability is limited,
modified or exculpated or Agent agrees to indemnify or hold Owner harmless or
have Owner named as an additional insured, the term Owner shall mean and
include the Augusta-Richmond County Commission (including its Mayor), the
Augusta Aviation Commission, and their members, officers, elected officials,
agents, servants, employees and successors in office.
4.8 The provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and
permitted assigns; provided, however, that no one shall have any benefit or
acquire any rights under this Agreement pursuant to any conveyance, transfer,
or assignment in violation of any of its provisions.
4.9 This Agreement shall be governed and interpreted by the laws
of the state of Georgia.
4.10 No failure of either party to exercise any power given it
hereunder, or to insist upon strict compliance by either party of any
obligations hereunder, and no custom or practice of the parties at variance
with the terms hereof shall constitute a waiver of either party's right to
demand exact compliance with the terms hereof.
4.11 The headings and titles of sections used herein are for
convenience only.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed, the day and year first above written.
AUGUSTA AVIATION COMMISSION
By:
:71
ATTEST:
APi~ LId 4f~
_' ~ ~> - ..... ~.lCtry ,:,"UOIIC. ,Richmond County, Georgia VALU-LODGE OF AUGUSTA #2, INC.
C"~'~ C ~m';",-.E'_Jan.,.. 200~~
.' " /s lotS: _'eS:.
Sworn t~and sUbs~ed before me
thi]~.. ~aY.Of ~;;:I ' 1997.
( ~,e.m Ix-
Notar Pub loc!."-~ :' . -;
My commi.ssion,,';Expires::"
Nola ~ ~~ . . '".., ,-
ry J5ub1ie ~"~9R e' :-.
My (O"lIn;$$;O ",;;:. .."~,,Iy(CeorgrCl
':::" n ~,..,re.~~No.v.-JJ, 19.98
.,..,...
?;~.( '.'.
-'-
"
j >~ ~
'1/;._-..... ...
.1-
, ~/ ~'rT~,~'- .--,'
~~
"/..-
-'
9
BUSH FIELD
AIRPORT HOTEL
PROPERTY DESCRIPTION
This beautifully landscaped hotel is situated directly
across from the Airport Terminal building entrance.
There are 115 sleeping rooms in this two-story brick
building. It's large restaurant and bar measuring 44'
x 80' includes a band stand and dance floor area which
overlooks the Olympic-size swimming pool and garden
area. The conference room measures 32' x 48' and can
be divided into three separate meeting rooms to
accomodate smaller groups.
Exhibit A - Page 1 of 2
BUSH FIELD
AIRPORT HOTEL
PROPERTY DESCRIPTION
(land survey to follow)
~2
Exhibit A - Page 2 of 2