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HomeMy WebLinkAboutVICTIMS AND WITNESS ASSISTANCE ~~ '''--'1 , vf UG/14 <5' o A. t C:n,...sIlTL .IREX COMMERCIAL LEASE AGREEMENT (Single-Tenant Facilities) \-~ 1m \-~. \ Gt<<gia ( Associ.acioQof \ REALTORS- 2002 Printing In consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, this Lease is entered into this 30th day of April ,20 05 . between the undersigned landlord (hereinafter "Landlord"), and the undersigned tenant (hereinafter "Tenant"), Landlord leases to Tenant, and Tenant leases from Landlord, the , Property described as follows: All that tract of land lying and being in Land Lot of ,the District, Section of County, Georgia, and being known as Address 409 Watkins Street , City Augusta , Zi P Code 30901 , according to the present system of numbering in and around this area, being more particularly described as Lot _, Block , Unit , Phase/Section of De\€lopment/Subdivision, as recorded in Plat Book ,Page, County, Georgia, records together with ali fixtures, iandscaping, improvements, and appurtenances (all being hereimfter collectively referred to as the "Property"), as more particularly described in Exhibit "t\', or if no Ex hibit "An is attached, as is recorded with the Clerk of the Superior Court of the 'county in which the Property is located and is made a part of this Lease by reference. 1. TERM. The initial term of this Lease shall be for 36 months in any attached Work letter or May 1,2005 OPr! O~) 'W TZ.EA...JSJlJ ~ 2.. 4r1DITI();'oJJl.I..- beginning on the earlier of the completion of the work described ("Commencement Date"), through and including ( ~~ ' ""f'E.F~ ~ 2. POSSESSION. If Landlord is unable to deliver possession of the Property on the Commencement Date, rent shall be abated on a daily basis until'possession is granted. If possession is not granted within 14 days from the Commencement Date, Tenant may terminate this Lease in which event Landlord shall promptly refund all payments and deposits to Tenant. Landlord shall not be liable for delays in the delivery of possession to Tenant. 0..,:- ~~~~o ~n~ 6~nrln red RENT. Tenant shall pay base rent to Landlord without demand, deduction, or setoff in advance in the sum of T"''in'J' Dollars ($.~ /"IO.oD) per month on the first day of each month during the term of the Lease orany renewals thereof, at the address set forth in the Notice Section of this Lease (or at such other address as may be designated from time to time by Landlord in writing). If the Commencement Date begins on the 2nd day through the last day of any month, the rent shall be prorated for that portion of the month and '"shall be paid,aUbe,time.ofJeasjogJbe_Prop.eJt~.J:.eDaoLshaILalso.pay.additiooaL[elJta<Lm9yj:J~.JJrovided elsewhere in this Leas~.. .Sl,lch___---.:... additional rent shall be paid in the same manner as the base rent. 3. 4. LATE PAYMENT; SERVICE CHARGE FOR RETURNED CHECKS. Rent not paid in full by the fifth day of the month shall be late. Landlord shall have no obligation to accept any rent not received by the fifth of the month. If late payment is made and Landlord accepts the same, the payment must be in the form of cash, cashier's check or money order and must include a late charge of $ 50.00 and, if applicable, a service charge for any returned check of $ 40.00 . Landlord reserves the right to refuse to accept personal checks from Tenant after one or more of Tenant's personal checks have been returned by the bank unpaid. 5. SECURITY DEPOSIT. A. Security Deposit to be Held bv Landlord or Broker. [Check one. The section not marked shall not be a part of this Agreemenq D Landlord Holdinq Security Deposit (1) Tenant has paid to Landlord as security for Tenant's fulfillment of the conditions of this Lease a security deposit of HoJ-Je. Dollars ($ t7 . /.7t) ) in cash, money order and/or check ("Security Deposit"). (2) Landlord shall deposit the Security Deposit in Landlord's general account with Landlord retaining the interest if the account is interest bearing. Tenant acknowledges and agrees that Landlord shall have the right to use such funds for whatever purpose Landlord sees fit, and such funds will not be segregated or set apart in any manner. (3) Tenant recognizes and accepts the risk of depositing the Security Deposit with Landlord. Tenant acknowledges that Tenant has not relied upon the advise of any Broker in deciding to pay such Security Deposit to Landlord. Landlord and Tenant acknowledge and agree that: (a) Broker has no responsibility for, or control over, any Security Deposit deposited with Landlord; (b) Broker has no ability or obligation to insure that the Security Deposit is properly applied or deposited; (c) The disposition of the Security Deposit is the sole responsibility of Landlord and Tenant as herein provided; and (d) Landlord and Tenant agree to indemnify and hold harmless Broker and Broker's affiliated licensees against all claims, damages, losses, expenses or liability arising from the handling of the Security Deposit by Landlord. (4) Landlord shall return Security Deposit to Tenant, after deducting any sum whichT enant owes Landlord hereunder, or any sum' which Landlord may expend to repair arising out of or related to Tenant's occupancy hereunder, abandonment of the Property or default in this Lease (provided Landlord attempts to mitigate such actual damages), including but not limited to any repair, replacement, cleaning or painting of the Property reasonably necessary due to the Copyright@2002 by Georgia Association of REALTORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 1 of 9 01/01/02 " (; negligence, carelessness, accident, or abuse of Tenant or Tenant's employees, agents, invitees, guests, or Iicenseesln the event Landlord elects to retain any part of the Security Deposit, Landlord shall promptly provide Tenant with a written statement setting forth the reasons for the retention of any portion of the Security Deposit, including the damages for which any portion of the Security Deposit is retained. The use and application of the Security Deposit by Landlord shall be at the discretion of the Landlord. Appropriation by Landlord of all or part of the Security Deposit shall not be an exclusi'8 remedy for Landlord, but shall be cumulative, and in addition to all remedies of Landlord at lawor under this Lease. The Tenant may not apply the Security Deposit to any rent payment. 'El Broker Holdinq Security Deposit. (1) Tenant has paid to Broker as security for Tenant's fulfillment of the conditions of this Lease ("Security Deposit"} Zero Dollars($ 0.00 ) in E]cash, D money order and/or ~check. (2) The Broker shall deposit the Security Deposit in Broker's escrow/trust account (with Broker retaining the interest if the account is interest bearing) within five banking days from the Binding Agreement Date. (3) Broker shall disburse the Security Deposit only as follows: (a) upon the failure of the parties to enter into a binding lease; (b) upon a subsequent written agreement signed by all parties having an interest in the funds; (c) upon order of a court or arbitrator having jurisdiction over any dispute involving the security deposit; (d) upon a reasonable interpretation of this Agreement by Broker; (e) as provided in the General Provisions section below of this Paragraph; or(f) upon the termination of the agency relationship between Landlord and Broker, in which event Broker shall only disburse the Security Deposit, to another licensed Georgia Real Estate Broker selected by Landlord unless otherwise agreed to in writing by Landlord and Tenant after notice to Broker and Tenant. Prior to disbursing the Security Deposit pursuant to a reasonable interpretation of this Agreement; Broker shall give all parties fifteen days notice, stating to whom the disbursement will be made. Any party may object in writing to the disbursement, provided the objection is received by Broker prior to the end ofthe fifteen day notice period. All objections not raised in a timely manner, shall be waived. In the event a timely objection is made, Broker shall consider the objection and shall do any or a combination of the following: (a) hold the Security Deposit for a reasonable period of time to give the parties an opportunity to resolve the dispute; (b) disburse the Security Deposit and so notify all parties; and/or (c) interplead the Security Deposit into a court of competent jurisdiction. Broker shall be reimbursed for and may deduct from any funds interpleaded its costs and expenses, including reasonable attorney's fees. The prevailing party in the interpleader action shall be entitled to collect from the other party the costs and expenses reimbursed to Broker. No party shall seek damages from Broker (nor shall Broker be liable for the same) for any matter arising out of or related to the performance of Broker's duties under this Security Deposit paragraph. B. General Provisions Reqardinq Security Deposit (1) In the event any Security Deposit check is not honored, for any reason, by the bank upon which it is drawn, the holder ... thereotshalLp[Omptly notify the other parties and Broker(s) to this Leas~. J::enclnt soall hayeth[ee baoking~dClYs..aiternQti~e~ _.___ _ to deliver good funds to the holder. In the event Tenant does not timely deliver good funds to the holder, the Landlord shall have the right to terminate this Agreement upon written notice to the Tenant. (2) The entire Security Deposit, if held by Landlord, will be returned to Tenant within thirty days after the Property is vacated if: (a) The term of the Lease has expired or the Lease has been terminated in writing by the mutual consent of both parties; (b) All monies due under this Lease by Tenant have been paid; (c) The Property is not damaged and is left in its original condition, normal wear and tear excepted; (d) All keys have been returned; and (e ) Tenant is not in default under any of the terms of this Lease. 6. REPAIRS AND MAINTENANCE. Tenant acknowledges that Tenant has inspected the Property and that it is fit for its stated useTenant agrees that no representations regarding the Property or the condition thereof and no promises to alter, decorate, improve, or repair have been made by Landlord, Broker, or their agents unless specified in this Lease. The following shall be kept in good working order and repair, normal wear and tear expected, by either the Landlord or Tenant as follows [Check all that apply. The sections not marked shall not be a part of this Agreemenq: TENANT LANDLORD TENANT LANDLORD Heating system -- I ~ D D 'l.....J.. Elevators Plumbing system D El ,- (If ~ Air conditioning system ~ Parking area D El Electrical systemlfixtures f' ~ I ( Driveway D E] Exterior walkways D El Copyright@ 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 2 of 9 01/01/02 l. . , TENANT LANDLORD TENANT LANDLORD Building Exteriors D ~ Interior hallways ~ D Smoke detector D ~ Lobby D D Terrace/patio D D Loading Area D D Restrooms ~ D Trash Facilities D D Stairs D D Landscaping D ~ Exterior windows D D Other D D Security Alarm ~ D Any item not mentioned herein but existing on the Property (other than furniture, fixtures and equipment of Tenant shall be maintained by Lanalord TenanfXXX [CheCK one. Tfie section fiat miiikeasliall hetbe a part of this Agreemenq Upon receipt of written notice from Tenant, Land!ord shall, within a reasonable time period thereafter, repair all defects in those facilities and systems that are the responsibility of Landlord to maintain in good working order and repair. If Tenant does not promptly perform its maintenance and repair obligations as set forth herein, Landlord may make such repairs and/or replacemen~s and Tenant shall promptly pay the costs of the same. Landlord shall not be liable to Tenant for any damage caused by any of the above referenced systems or facilities or by water coming through or around the roof or any door, flashing, skylight, vent, window, or the like in or about the Property, except if such damage is due to the gross negligence or willful misconduct of Landlord. Tenant shall be responsible for the reasonable costs of repairs made necessary by the negligence or willful misconduct of Tenant (including Tenant's employees, agents, invitees, guests, or licensees). 7. SERVICES. Landlord shall provide, at Landlord's expense the following services [Check all that apply. The sections not marked shall not be a part of this Agreemenq: D General cleaning and janitorial service of the interior of the Property 1imes per week D Concierge service as follows: D Parking attendant as follows: D Property monitor as follows: D Trash collection service times per week ~1:rS~ap, p~~e~'t~~~~,--;~dt;~~t ti~;~e f~r rest ro;~~ times per week ~~. ~'~n ,. . ..,_..... -.- -- -_..-.. D Replacement of all light bulbs and repair and maintenance of all light fixtures located in the interior of the Property. D Other Trash pick up by City Landlord shall not be liable for the nonperformance or inadequate performance of such services by third parties. Tenant shall be responsible for the costs and provision of any services that Landlord has not expressly agreed to pay for in this Lease. Tenant agrees to prov ide seNces not provided by Landlord that are necessary to keep the Property in good order, condition, and repair, normal wear and tear excepted. If Tenant does not provide such services, Landlord may then provide such services and Tenant shall promptly pay Landlord the costs for such services. 8. UTILITIES. The services and/or utilities set forth below serving the Property shall be paid by either the Landlord or Tenant as follows [Check all that apply. The sections not marked shall not be a part of this Agreemenq: UTILITY TENANT LANDLORD UTILITY TENANT LANDLORD Water ~ 0 Sewer ~ D Electricity ~ D Natural Gas ~ D Garbage D D Cable Television D D Telephone D D Digital Subscriber Line D D Other D D Tenant shall be responsible for the costs of any utilities that Landlord has not expressly agreed to pay for in this Lease. Tenant must provide proof of payment affinal bills for all utilities or service termination (cutoff) slips. Landlord may, at Landlord's option, pay utilities and be reimbursed by Tenant along with the next month's rent. Landlord shall not be liable for any interruptions or delays in the provision of utility services unless such interruptions or delays shall be caused by Landlord's gross negligence or willful misconduct. 9. RENEWAL TERM. Either party may terminate this Lease at the end of the term by giving the other party sixty days written notice prior to the end of the term. If neither party gives notice of termination, the Lease will automatically be extended on a month-to-month basis with Copyright<<> 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 3 of 9 01/01/02 \ all terms remaining the same except that Landlord reserves the right to increase the amount of rent upon delivery of written notice to Tenant sixty days prior to the effective date of any increase. Thereafter, Tenant may terminate this Lease upon sxty days written notice to Landlord and Landlord may terminate this Lease upon sixty days written notice to Tenant, 10. SUBLET AND ASSIGNMENT. Tenant may not sublet the Property in whole or in part or assign this Lease without the prior written consent of Landlord. This Lease shall create the relationship of Landlord and Tenant between the parties hereto; no estate shall pass au of Landlord and this Lease shall create a usufruct only. In the event Landlord shall assign this Lease, the assignee thereof shall be responsible to timely pay Brokers all commissions and other sums owed to them hereunder. 11. RIGHT OF ACCESS, SIGNAGE.Landlord and Landlord's agents shall have the right of access to the Property for inspection, repairs and maintenance during reasonable hours. In the case of emergency, Landlord may enter the Property at any time to protect life and prevent damage to the Property. Landlord and/or Landlord's agents may place a "for rent" or "for sale" sign on the interior or exterior of the Property, and may show the Property to prospective tenants or purchasers during reasonable hours. Tenant agrees to cooperate with Landlord; Landlord's agent and Brokers who may show the Property to prospective Tenants. Tenant shall secure valuables and agees to hold Landlord and/or Landlord's Agent harmless for any loss thereof. For each occasion where the access rights described above are denied. Tenant shall pay Landlord the sum of $ 100.00 as liquidated damages; it being acknowledged that L<ndlord shall be damaged by the denial of access, that Landlord's actual damages are hard to estimate, and that the above amount represents a reasonable pre-estimate of Landlord's damages rather than a penalty. Without Landlord's prior written permission, Tenant shall not place any sign, advertising matter, or any other things of any kind on any part of the outside walls or roof of the Property or on any part of the interior of the Property that is visible from the exterior of the Property. Tenant shall maintain all such permitted signs, advertising matter, or any other things of any kind in good condition and repair. Tenant agrees to remove at its cost all such permitted signs, advertising matter, or any other things of any kind at the end of this Lease. 12. USE. The Property shall only be used for the purposes set out as follows: l1'1si!jilRt gefeRt;\? Qfti,re VI c./rlm-~ t- W L'-"";E,~,s A-?~ I ~~uc.F The Property shall be used so as to comply with all federal, state, county, and municipal laws and ordinances and any applicable rules and regulations. Tenant shall not use or permit the Property to be used for any disorderly or unlawful purpose; nor shall Tenant engage in any activity on the Property which would endanger the health and safety of other Tenants or which otherwise creates a nuisance. 13. PROPERTY LOSS. Storage of personal property by Tenant shall be at Tenant's risk and Landlord shall not be responsible for any loss 0 damage. Tenant shall be responsible to insure Tenant's personal property against loss or damage. Landlord shall not be responsible for any damage to Tenant's property, unless such damage is caused by Landlord's gross negligence or willful misconduct. --..14.-DEFAULT. A. If Tenant defaults under any term, condition or provision of this Lease, including, but not limited to, failure to pay rent or failure to reimburse Landlord for any damages, repairs or costs when due, Landlord shall have the right to terminate this Lease by giving written notice to Tenant and accelerate all remaining payments that Tenant is required to pay under this Lease. These pay ments shall be due and payable fifteeri days after Tenant receives the aforementioned noti:::e. Landlord and Tenant acknowledge that Landlord shall be damaged by Tenant's default, that Landlord's actual damages are hard to estimate, and that the above amount represents a reasonable pre-estimate of Landlord's damages rather than a penalty. If La ndlord accelerates as provided in this subparagraph, it shall seek another tenant for the Property and credit any amounts received to the Tenant, less the following: (1) reimbursement for all expenses incurred as a result of Tenant's failure to perform its obligations under the Lease; (2) the costs of securing another tenant, including, but not limited to, advertising and brokerage commissions; and (3) the costs of altering, dividing, painting, repairing, and replacing the Property to accommodate a new ten<nt. Landlord's rights expressed herein are cumulative of any and all other rights expressed in this Lease. Tenant shall remain liable for rents from and after any action by Landlord under a proceeding against Tenant for holding over or distress warrant, whether or not Tenant retains the right to possession of the Property. B. If Tenant abandons the Property or violates any of the Rules and Regulations set forth herein, or otherwise fails to abide by and perform any of the obligations, terms, conditions or provisions of this Lease, each and any such breach shall constitute a default under this Lease. If any such default continues for ten calendar days after Landlord delivers written notice of said default to Tenant, Landlord may, at his option, terminate this Lease by delivering written notice thereof to Tenant and pursue the remedy described herein. C. All rights and remedies available to Landlord by law or in this Lease shall be cumulative and concurrent. 15. RULES AND REGULATIONS. A. Tenant is prohibited from adding, changing or in any way altering locks installed on the doors of Property without prior written permission of Landlord. If all keys to the Property are not returned when Tenant vacates the Property, Landlord may charge are-key charge in the amount of $ 50.00 B. Non-operative vehicles are not permitted on the Property. Any such non-operative vehicle may be removed by Landlord at the expense of Tenant, for storage or, for public or private sale, at Landlord's option, and Tenant shal have no right or recourse against Landlord thereafter. C. No goods or materials of any kind or description which are combustible or would increase fire risk shall be kept in or placed on the Property (except for goods and materials typically found in a general office use provided that the same are limited in quantity to that normally found in such use). D. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rod brackets may be placed in walls, woodwork or any part of the Property. Copyright@ 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 4 of 901/01/02 " .., E. Tenant shall not place any objects or personal property on the Property in a manner that is inconsistent with the load limits of the Property. Tenant shall consult Landlord before placing any heavy furniture, file cabinets, or othe- equipment in the Property. F. Landlord shall provide heating and air cOnditioning to the Property between _a.m. and _p.rn., Monday to Friday (elCluding public holidays); between _a.m. and _ p.m., Saturday; and between _a.m. and _ p. m., Sunday. Tenant shall notify Landlord by 4p.m. of the preceding day of any requests for overtime heating and air conditioning. Landlord may charge Tenant its reasonable costs of providing such overtime heating and air conditioning. G. Tenant shall not, without Landlord's prior written consent, use any equipment which uses electric current in excess of 11 0 volts, which will increase the amount of electricity ordinarily furnished for use of the Property as general office space, or which require clean circuits or other distribution circuits. H. Landlord may establish additional reasonable Rules and Regulations concerning the maintenance, use, and operation of the Property. Amendments and additions to the Rules and Regulations shall be effective upon delivery of a copy thereof to Tenant. 16. ABANDONMENT. If Tenant removes or attempts to remove personal property from the Property other than in the usual course of continuing occupancy, without having first paid Landlord all monies due, the Property may be considered abandoned, and Landlord shall have the right, without notice, to store or dispose of any personal property left on the Property by Tenant. Landlord shall also have the right to store or dispose of any of Tenant's personal property remaining on the Property after the termination of this Lease. Any such personal property shall become Landlord's personal property. . 17. ESTOPPEL CERTIFICATE. Tenant shall, from time to time, upon Landlord's request execute, acknowledge, and deliver to Landlord, within ten days of such request, a certificate certifying: (a) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that the same is in full force and effect as modified and stating the nature thereof); (b) that to tffi best of its knowledge there are no uncured defects on the part of the Landlord (or if any such defaults exist, a specific description thereof); (c) the date to which any rents or other charges have been paid in advance; and (d) any other reasonable matters requested by Landlord. Landlord and any prospective purchaser or transferee of Landlord's interest hereunder or any then existing or prospective mortgagee or grantee of any deed to secure debt may rely on such certificates. 18. ALTERATION AND IMPROVEMENTS. Tenant shall not make or allow to be made any alterations, physical additions, or improvements in or to the Property without first obtaining Landlord's prior written consent. Landlord may grant or withhold such consent within its reasonable discretion and may impose reasonable conditions upon its consent. All costs of any such alteration, addition, or improvement shall be borne by Tenant, unless otherwise agreed in writing. The provisions of the Work Letter, attached hereto as an Exhibit and a partof this Lease, shall govern any alterations or improvements to be performed prior to the Commencement Date of this Lease 19. DESTRUCTION OF PROPERTY. A. If earthquake, fire, storm, or other casualty shall totally destroy (or so substantially damage as to be untenantable} the Property, rent --- --- -..'shall.abate.from.thedate of such destruction. Landlord shallbave sixtj'days.to_commencetherestoration_of theF:ropertyJo 3_.__ tenantable condition. If in Landlord's sole discretion restoration cannot be complEted within one hundred eighty'days following such destruction, Landlord may, by written notice furnished to Tenant within thirty days of such destruction, terminate this Lease, whereupon rent and all other obligations hereunder shall be adjusted between the parties as of date of such destruction. In the event the Landlord elects to complete such restoration, but fails to do so within one hundred eighty days following such destruction, this Lease may be terminated as of the date of such destruction upon written notice from either party to the other given not more than ten days following expiration of said one hundred eighty day period. If such notice is not given, then this Lease shall remain in force and rent shall commence upon delivery of the Property to Tenant in a tenantable condition. B. If the Property is damaged but not rendered wholly untenantable by earthquake, fire, storm, or other casualty, rent shall abate in such proportion as the Property have been damaged and Landlord shall restore the Property as reasonably quickly as practicable whereupon full rent shall commence. C. Rent shall not abate nor shall Tenant be entitled to terrninate this Lease if the damage or destruction of the Property, whether total or partial, is the result of the negligence of Tenants, its contractors, employees, agents, invitees, guests, or licensees. 20. INSURANCE. Tenant agrees that during the term of the Lease, Tenant will carry and maintain, at its sole cost, the following types of insurance, in the amounts specified and in the form hereinafter provided for {Check all that apply. The sections not marked shall not be a part of this Agreem{!$ 'aF rN ~ 4.(f 9J ~ A~ener~1 com~.td:( Lia~i'~/I~~ar- eason:i,t.~l~t the~~cr;~ura~ {sh~lI~ver t~ Property and Tenant's use ther~f against clai personal injury, bodily injury or death, property d and products liability occu' upon, in, or about the Propert imits of such policy shall be in such amounts as ord may from time to time re ably require, but in any even ess than one million dollars Dollars ($ 1,000,000 ) for e occurrence. Such insuranc I be endorsed to cover independent contracto contractual liability. Such insurance extend to any liabilit}Of T arising out of the indemnities provided for i ease. D B, Fire and Extended Coverage Insurance (or reasonable equivalent thereto), Such insurance shall cover Tenant's interest in its improvements to the Property, and all furniture, equipment, supplies, and other property owned, leased, held or possessed byit and contained therein. Such insurance shall coverage shall be in an amount equal to not less than percent ( %) of full replacement cost as updated from time to time during the term of the Lease. Tenant shall promptly provide Landlord written notice in the event of any damages to persons or property occurring on the Property from fire, accident, or aaY1er casualty. D C. Workers' Compensation Insurance (or reasonable equivalent thereto). Such insurance shall include coverage CE required by applicable law. Copyright@) 2002 by Georgia Association of REALTORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 5 of 9 01/01/02 .. ..';" D D. Contractors Insurance (or reasonable equivalent thereto). If Tenant engages any contractor or subcontractor to construct improvements or perform any other work on the Property, Tenant shall require that such contractor or subcontractor have in ' force commercial general liability insurance, including personal injury coverage, contractual liability coverage, completed operations coverage, property damage endorsement, and, for any work which is subcontracted, contractors' protective liability coverage, insuring against any and all liability for injury to or death of a person or persons and for damage to property occasioned by or arising out of such work. The limits of such policy for both damage to property and bodily injury to be in such amounts as Landlord may from time to time reasonably require, but in any event not less than Dollars ($ ) for each occurrence. Any such contractor or subcontractor shall also be required to maintain workers' compensation insurance as required by applicable law. All insurance policies procured and maintained herein (other than workers' compensation insurance) shall name Landlord, Landlord's property manager(s), Landlord's broker(s) and Landlord's lender as additional insureds, shall be carried with insurance companies licensed to do business in the State of Georgia and having a current financial strength rating in Best's Ratings of not less than B+. Such policies shall be non-cancellable and may not be materially altered except after thrity days notice to Landlord. Such insurance policies or, at Landlord's election, duly executed certificates of such policies, accompanied by proof of the premium for such insurance, shall be delivered to Landlord befol8 the earlier of (a) the initial entry by Landlord upon the Property for the installation of its equipment or improvements, or (b) the Commencement Date of the Lease. Certificates of renewal of such insurance or copies of any replacement insurance policies, accompanied by proof of payment of the premiums for such insurance, shall be delivered to Landlord at least ten days before the expiration of each respective policy term. Tenant shall comply with all rules and regulations applicable to the Property issLed by the Board of Fire Underwriters or by any body hereinafter constituted exercising similar functions. Tenant shall not intentionally do anything, or permit anything to be done, on or about the Property that might adversely affect, contravene, or impair any policies of insurance that are in force for the Property or any part thereof. Tenant shall pay all costs, damages, expenses, claims, fines, or penalties incurred by Landlord or Tenant because ofTenant's failure to complywith'this Paragraph. Tenant indemnifies Landlord from all liability with reference thereto. 21. TAXES. Tenant shall pay any and all taxes (including assessments and license fees) assessed or imposed upon Tenant's fixtures, furniture, appliances, and personal property located in the Property. [Check one. The section not marked shall not be a part of this Agreemenq: ~ A. Landlord Pays All Property Taxes. Landlord shall pay all property taxes levied against the Property. Tenant shall not pay any property taxes levied against the Property. D B. Tenant Pays Increases in Property Taxes. . _.In_~dditiol1i9 O!~~rrent payments specified in this Lease, Tenant shall pay as additional rent the amount by which all property _~_.. taxes on the Property for each tax year exceed taxes on the Property for the tax year . On or before the first day of the term of this Lease, Landlord will provide Tenant written notice of Landlord's estimate of the additional rent payable under this subparagraph. During December of each calendar year or as soon as practicable, Landlord will give Tenant written notice of its estimate of the payments to be made for the ensuing calendar year. On the first day of each month during the term of the Lease, Tenant will pay one-twelfth of the estimated amount in the manner provided in the Rent Paragraph. If notice is not gilen in December, Tenant will continue to pay on the basis ofthe prior year's estimate until the month after the notice is given. Within ninety days after the close of each calendar year or as soon as practicable thereafter, Landlord will deliverto Tenant (1) a statement of property taxes for the calendar year certified by certified public accountants designated by Landlord and (2) a statement of the payments made or to be made for the calendar year that has been prepared on the basis of the certified statement. If on the basis of those statements, Tenant owes an amount that is less than the estimated payments for the calendar year previously made by the Tenant, Landlord will pay Tenant the amount of the overpayment within thirty days after delivery of those statements. If on the basis of those statements Tenant owes an amount that is more than the estimated payments for such calendar year previously made by Tenant, Tenant will pay the deficiency to Landlord within thirty days after delivery of those statements. If the Lease commences on a day other than the first day of the calendar year or ends on a day other than the last day of a calendar year, the amounts payable under this subparagraph shall be prorated.' 22. CONDEMNATION. If all or any part of the Property are taken or appropriated by any public or quasi-public authority under the power of eminent domain, and if the remaining portion of the Property is thereby rendered untenantable or unusable for the purposes herein stated, this Lease shall terminate when the condemning authority takes possession, and any rent paid for any period beyond possession by the condemning authority shall be repaid to Tenant. Landlord shall receive the entire condernnation award without deduction therefrom for any interest of Tenant in the Property, but Tenant shall have the right to make a separate claim with the condemning authority for, and to receive therefore, (a) any moving expenses incurred by Tenant as a result of such condemnation; (b) any costs incurred or paid by Tenant in connection with any alteration or improvement made by Tenant to the Property; (c) the value of Tenant's personal property taken; (d) Tenant's loss of business income; and (e) any other separate claim which Tenant may be permitted to make under applicable law, provided that such other separate claims shall not reduce or adversely affect the amount of Landlord's award. ' 23. DISCLAIMER. Tenant and Landlord aCknowledge that they have not relied upon any advice, representations or statements of Brokers and waive and shall not assert any claims against Brokers involving the same. Tenant and Landlord agree that Brokers shall not be responsible to advise Tenant and Landlord on any matter, including but not limited to the following: any matter which could have been revealed through a survey, title search or inspection of the Property; the condition of the Property, any portion thereof, or any item therein; building products and construction techniques; the necessity or cost of any repairs to the Property; hazardous or toxic materials or substances; termites and other wood destroying organisms; the tax or legal consequences of this transaction; the availability and cost of utilities or community amenities; the appraised or future value of the Property; any condition(s) existing off the Property which may affect the Copyright@) 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 6 of 901/01/02 , Property; the terms, conditions and availability of financing; and the uses and zoning of the Property whether permitted or proposed. Tenant and Landlord acknowledge that Brokers are not experts with respect to the above matters end that, if any of these matters or any other matters are of concern to them, they should seek independent expert advice relative thereto. Tenantfurther acknowledges that in every neighborhood there are conditions which different tenants may find objectbnable. Tenant shall therefore be responsible to become fully acquainted with neighborhood and other off site conditions which could affect the Property. 24. AGENCY AND BROKERAGE. A. Agency. (1) In this Agreement, the term "Broker" shall mean a licensed Georgia real estate broker or brokerage firm and where the context would indicate the broker's affiliated licensees. No Broker in this transaction shall owe any duty to Tenant or Landlord greater than what is set forth in their brokerage engagement and the Brokerage Relationships in Real Estate Transactions Act, O. C.GA ' 1 (}. 6A-1 et. seq. (2) Landlord and Tenant aCknowledge that if they are not represented by a Broker they are each solely responsible for protecting their own interests, and that Broker's role is limited to performing ministerial acts for either party. (3) The Broker, if any, working with the Landlord is identified on the signature page as the "Listing Broker"; and said Broker isO, ro OR, is NOlLJ representing the Landlord; (4) The Broker, if any, working with the Tenant is identified on the signature page as the "Leasing Broker", and said Broker isD,OR, is NOT Drepresenting the Tenant; and (5) If Tenant and Landlord are both being represented by the same Broker, a relationship of either designated agencD, OR, dual age~cy D shall exist. (a) Dual Aaency Disclosure. [Applicable only if dual agency has been selected above] Landlord and Tenant are aware that Broker is acting as a dual agent in this transaction and consent to the same. Landlord and Tenant have been advised that: .. 1 - In serving as a dual agent the Broker is representing two clients whose interests are or at times could be different or even adverse; 2 - The Broker will disclose all adverse, material facts relevant to the transaction and actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions from another client which is not otherwise required to be disclosed by law; 3 - The Tenant and Landlord do not have to consent to dual agency; and 4 - The consent of the Tenant and Landlord to dual agency has been given voluntarily and the parties have read and understood their brokerage engagement agreements. (b) Desiqnated Aqency Assiqnment.[Applicable onlyiUhe designatedagency]Jasb.e_el)_~~Le~&.cJJJ.p.Q'!?L . The Broker has assigned to work exclusively with Tenant as Tenant's designated agent and to work exclusively with Landlord as Landlord's designated agent. Each designated agent shall exclusively represent the party to whom each has been assigned as a client and shall not represent in this transaction the client assigned to the other designated agent. (c) Material Relationship Disclosure. The Broker and/or affiliated licensees have no material relationship with either client except as follows: . (A material relationship means one actually known of a personal, familial or business nature between the Broker and affiliated licensees and a client which would impair their ability to exercise fair judgment relative to another client. NotWthstanding any provision to the contrary contained herein Landlord and Tenant each hereby direct Broker, while acting as a dual agent, to keep confidential and not reveal to the other party all information which could materially and adversely affect the negotiating position of the party. B. Brokerage. The Brokers listed below have performed a valuable service in this transaction and are made parties hereunder to enforce their commission rights. Payment of commission to a Broker shall not create an agency or subagency relationship between Leasing Broker and either Landlord or Landlord's Broker. Landlord agrees to pay the Broker listed below and representing Landlord to lease and/or manage the Property ("Listing Broker") a commission (which commission has already been negotiated in a separate agreement) of [Check one. The section not marked shall not be a part ofthis Agreemen~: ,D $ or % of the total base rent to be paid under the Lease, which shall be due and payable upon occupancy. D $ or % of base rents paid, which shall be due and payable upon Tenant's monthly payment of rent in the manner provided in the Rent Paragraph above. In the event the Lease is made in cooperation with another Broker listed below as the Leasing Broker, the Listing Broker shall receive % of the total real estate commission paid hereunder and the Leasing Broker shall receive % of the total real estate commission paid hereunder. In the event Tenant and/or Landlord fail or refuse to perform any of their obligations herein, the non-performing party shall immediately pay the Listing Broker and the Leasing Broker their full cornmissions. ffe Listing Broker and Leasing Broker may jointly or independently pursue the non-performing party for that portion of the commission which they would have otherwise received under the Lease. 25. OTHER PROVISIONS. A. Time of Essence. Time is of the essence of this Lease. Copyright@2002 by Georgia Association of REALTORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 7 of9 01/01/02 I B. No Waiver. Any failure of Landlord to insist upon the strict and prompt performance of any covenants or conditions of this Lease or any of the rules and regulations set forth herein shall not operate as a waiver of any such violation or of Landlord's right to insist on prompt compliance in the future of such covenant or condition, and shall not prevent a subsequent action by Landlord for any such \1olation. No provision, covenant or condition of this Lease may be waived by Landlord unless such waiver is in writing and signed by Landlord. C. Definitions. "Landlord" as used in this Lease shall include its representatives, heirs, agents, assigns, and successors in title to Property. Broker shall be considered the authorized agent of Landlord except to the extent specifically provided for herein. The terms "Landlordn and "Tenantn shall include singular and plural, and corporations, partnerships, companies or individuals, as may fit the particular circumstances. "Property taxes" means any form of real or personal property taxes, assessments, special assessments, fees, charges, levies, penalties, service payments in lieu of taxes, excises, assessments, and charges for transit, housing, or any other purposes, impositions or taxes of every kind and nature whatsoever, assessed or levied by any authority having the power to tax against the Property or any legal or equitable interest of Landlord in the Property, whether imposed now or in the future, excepting only taxes measured bythe net income of' Landlord from all sources. D. Entire Agreement. This Lease and any attached addenda constitute the entire Agreement between the parties and no oral statement or amendment not reduced to writing and signed by both parties shall be binding. E. Attorney's Fees and Costs of Collection. Whenever any sums due hereunder are collected by law, or by attorney at law to prosecute such an action, then both parties agree that the prevailing partywiii be entitied to reasonabie attorney's fees, pius aii costs of coii:lCtion. F. Indemnification. Tenant releases Landlord and Broker from liability for and agrees to indemnify Landlord and Broker against all losses incurred by Landlord or Broker as a result of: (a) Tenant's failure to fulfill any condition of this Lease(b) any damage or injury happening in or about the Property to Tenant or Tenant's invitee or licensees or such persons' property, except where such damage or injury is due to gross negligence or willful misconduct of Landlord or Broker; (c) Tenant's failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien or other encumbrance filed against the Property as a result of Tenant's actions. G. No Partnership. Tenant by execution of this Lease is not a partner of Landlord in the conduct of its business or otherwise, or joint venturer, or a member of any joint enterprise with Landlord. H. No Recordation. Tenant shall not record this Lease nor any short form memorandum thereof without Landlord's prior written consert. I. Notices. Except as otherwise provided herein, all notices, inCluding offers, counteroffers, acceptances, amendments and demands, required or permitted hereunder shall be in writing, signed by the party giving the notice and delivered to the party at the address set forth'below (or such other address as the party rnay provide in writing) either: (1) in person, (2) by an overnight delivery service, prepaid, (3) by facsimile transmission (F tv<) (provided that an original of the notice shall be promptly sent thereafter if so requested by the party receiving the same) or (4) by the United States Postal Service, postage prepaid, registered or certified return receipt requested. The parties agree that a faxed signature of a party constitutes an original signature binding upon that party. Notice shall be deemed to have been given as of the date and time it is actually received. Notwithstanding the above, notice by Ftv< shall be deemed to have been given as of the date and time it is transmitted if the sending Ftv< produces a written confirmation with the date, time and telephone number to which the notice was sent. Receipt of notice by the Broker representing a party as a client shall be deemed to be notice to ._.__ ...__.___JbClJpartyJor all purposes herein, except in transactions where the Broker is practicing deSignated agency, in which case, receipt of.___ notice by the designated agent representing a party as a client shall be required to constitute notice. All references to any notice requred to be given or due dates for rent payments shall be strictly construed. Tenant's address: I4UGvr~A( G~~cr-(4 S"J f) 6v () ,.~~ S I A-~ - ,?"d'l I ~:IT~&-r A- Ie,." 3iJfll ;1.t,.l: A () r-ttNlo-r/(.4-'7d~ J. Governing Law. This Agreement may be signed in ~~~ co~~rts an~tf'all be-9~~~:ind interpreted pursuant to the laws of the State of Georgia. Landlord's address: Rex Property & Construction Mgmt. Co. P.O, Box 1302, Augusta, GA 30903; 706/722.4962 Ftv< #: 706/722-0982 26. SALE OF PROPERTY TO TENANT. Landlord shall pay Leasing Broker a commission in the amount of percent ( %) and Listing Broker a commission in the amount of percent ( %) of the gross sales price at closing ifT enant acquires from Landlord title to the Property or any part thereof or any property as an addition, ex pansion, or substitution for the property during the term of this Lease, any renewals thereof, or within one year after the expiration of this Lease. Such commission shall be payable in lieu of any further commission which otherwise Broker would have been due under this Lease. 27. EXHIBITS. All exhibits attached hereto, listed below or referenced herein are made a part of this Lease. If any such exhibit conflicts with , any preceding paragraph, said exhibit shall control: 28. SPECIAL STIPULATIONS. The fallowing Special Stipulations, if conflicting with any exhibit or precedingparagraph, shall control. Copyright@ 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 8 of 901/01/02 .. . Tenant's erallibilit' nce des~rib~d ~n 20.A shall n~ex Property & CQC,StR!erton Manage~s a~~edA ce' e of ins e will be provied ~ en ant's insurer ~andlord. ~ Tenant's responsilibity for building exterior and parking is to keep area in front of storefront clean of all trash, wsste, cigarette butts ,etc. Any modifications to the leased space must be approved, in advance, by the landlord. Modifications become property of the landlord at lease termination. Rent will increase 3% annually on May 1st beginning with the first 12 month aniversary in 2006. Landlord will refinish inteior wood floors, build a coverd rear/side entry (also reworking roof line in the area to stopr chronic leak problem.) Interior painting will be completed as requested. All work shall be completed within 3 months of the tenant paying the new base rental rate. Altemate proposal at Tenant's option at time of new lease signing: Landlord will take responsibility for maintaining building HVAC and replace second floor system. System will be a 2.5 ton Rheem 80% AFU furnace with a Rheem 10 SEER condenser. New base rental rate under this option is $1210/month. All other terms and conditions as listed above apply. G.cJc,.."-o~l('&~ 14"\d lorcA ~ \ " (tcekS.J t-e.q\ e~ ~~ ~..oI4v- ~ 4.. o~ <:> eA 'i-"'Q.. f\.l \ ?Cl.r~~ t S ;-~ ~ J o (Mark box if additional pages are attached.) ~ IN WITNESS WHEREOF, the parties hereto have set their hand~n seal the day and year first written above. ( /) 4~ . Guf-r; Leasing Broker MLS Office Code "f9f'1iil~ ~i~l'lstl.lr~ j;<ril'lt 8r T),.,dJc....[.: ~. By: Broker or Broker's Affiliated Licensee Print or Type Name: Paul G King ~IIClIIl'~ J;~II~ll,Al(.. Prifilt 8r vJ I'~ ~!SRilIil: Ir,('fa~ "l. ~t:A.1 Bus. Phone: 706.722.4962 FAX # 706.722.0982 Multiple Listing # ' Landlor ' Print or Type Name: Listing Broker ( ) MLS Office Code Print or Type Name: Print or Type Name: ~ A.:> \ G ~ Co -:>i>b - 371- 7'i/{, n 701. -8,2~-/"(q~ TELEPHONE # for Emergency Repairs Bus. Phone: FAX # Broker's address: Copyright@ 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant Facilities), Page 9 of9 01/01/02 ~ . r Exhibit A . LeQal Description of Property ..,...--, leY BE- rrzov { P..E-P 13( Ot-V'~~ APP"6'hAQtcl1 ~rJt)i>SF ~f- .ktCfkJ sp.C-f!.. J(~(j(.AJ"'" h'f +4. ~.t'( S't J-I-tM <( '/01 tV,+It.'IfJ .J+r-e,trf- 1'f.JJ fIYt','rJ ~'1 DlooA C.l~1 IttJ/Ift1b~y.'l4J JtJk~ qJ 'fo) ~~I-/4)fJ JTr~~-I. Said property is more specifically shown and designated as tax map and parcel no. 047-4- 309-00-0 on Augusta-Richmond County Tax map 047-4 and in a Deed to landlord recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia; said tax map and deed being incorporated herein by reference. """, .e,~" ~ ~'t\ ~ / 1 ~ Te"o', 'oma', Copyright@ 2002 by Georgia Association of REAL TORS@, Inc. CF9, Commercial Lease Agreement (Single-Tenant) Exhibit "An Legal Description 01/01/02 Date: May 31, 2005 To: Lena J. Bonner From: Re: 409 Watkins Lease Fully executed lease is attached. Please advise the city accounting department of the new rental rate of $1,210.00 effective 7/1/05. Work on the replacement HV AC system should be completed this week. The rear entry work is scheduled for July. The interior work is scheduled for August. We appreciate the City's business. CC: Harold Jones III (via e-mail) (no attachements) Rex Property & Construction Management Co. . P.O. Box 1302 · Augusta, GA 30903 · Telephone: 706/722-4962 Facsimile: 706/722-0982 · Internet: www.RexGroup.com , , " Office Of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Room 801 - Municipal Building 530 Greene Street - Augusta, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy Morawski Deputy Clerk May 25, 2005 Rex Property & Construction Management Company C/o Mr. David Moretz, SIOR P.O. Box 1302 Augusta, Georgia 30903 Dear Mr. Moretz: Enclosed for execution by Rex Property and Construction Management Company is the Commercial Lease Agreement between Rex Property and Augusta, Georgia regarding property located at 409 Watkins Street, which was approved by the Augusta Commission in its regular meeting held May 17,2005. Once the documents are executed, please retain a copy for your files and return an original back to us for the city's official file. Should. you have any questions or need any additional information, please feel free to call us,at 706-821-1820. Very~~:~ ~u:t!!e~ . Enclosure: ;et-vlht~~1--'W-dt.t .hm-n })tJ{/. ~ O}PC/-Y ~d. J#~~e~;~4 coPy