HomeMy WebLinkAboutWEST AUGUSTA BASEBALL INC
STATE OF GEORGIA )
RICHMOND COUNTY )
LEASE AGREEMENT
.
THIS LEASE made and entered into this $ :"'Of 6 e:fJ-. , 2007 by
and between AUGUST A, GEORGIA, a political subdivision organized and existing under the
laws of the State of Georgia, hereinafter referred to as Lessor, and WEST AUGUSTA
BASEBALL INC., a corporation organized and existing under the laws of the State of Georgia,
hereinafter referred to as Lessee:
WITNESSETH:
For and in consideration of the sum ofTen Dollars ($10.00), the mutual covenants
contained herein and other good and valuable consideration in hand well and truly paid at and
before the dealing and delivery of these presents the parties agree as follows:
1. Lessor agrees to lease to Lessee for a period of five (5) years from the date of this
agreement, all that lot, tract and parcel of land being shown and designated as Parcel C on the
plat attached as Exhibit A and by reference incorporated herein, to which reference in hereby
made to said plat for a more complete and accurate description as to the metes, bounds, locations
and distances of said property. Lessor also grants unto Lessee and access right of way fifty (50)
feet in width, said right of way being identified as Parcel D on the attached plat.
2. In consideration of the mutual undertakings of the parties, it is agreed that the
space shown on said plat as "Parking Lot A" and Parking Lot B" may be used by the respective
parties, their agents, customers and visitors, for parking purposes. Lessor also retains the right of
ingress and egress on the "Pedestrian Walkway" shown on said plat, which walkway may be
used by the public to access the Augusta Canal, subject to the right of Lessor to control use of
same and to limit use to designated hours.
3. Lessee agree that the premises leased hereunder shall be used exclusively for general
recreation purposes and in the event that said premises are abandoned or cease to be used by
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Lessee for general recreation purposes, then and in any of those events, all rights of the Lessee to the use
of said land shall immediately cease and the land shall revert absolutely and without encumbrance or
restriction to the Lessor.
4. It is expressly understood that only a nonexclusive access easement or right of
use is herein granted to the access road as referred to above and it is expressly understood and agreed that
title to said land shall always remain in the Lessor subject to the terms and conditions of this instrument
and that no use of said access road by the Lessee or by the public shall at any time be considered as a
grant or dedication of said land or any part thereof as a public thoroughfare and the Lessee specifically
agrees and covenants that it will fully protect and hold harmless the Lessor from and against any and all
claims or other undertakings at any time in the future on the part of any person or corporation which seeks
to establish said land or any part thereof as a public road, thoroughfare, highway or street or as a private
way with any vested rights therein.
5. Lessee agrees that the premises leased hereunder shall be properly maintained to
acceptable standards for public recreational use, to include regular mowing and trimming of grass,
collection and disposal of garbage, cleaning of parking areas, repairs and painting of buildings and other
structures, and regular upkeep of all signage on property. An annual property inspection of all leased area
shall be conducted by the City of Augusta on the anniversary of the initial date of the lease each year until
the term ends.
6. Lessee agrees to indemnifY, save and hold harmless Lessor against and all claims
arising out of or in any other way connected with the use of the leased premises during the term of this
lease or otherwise prior to delivery by Lessee to Lessor of possession of the premises. As part of this
indemnification clause, Lessee agrees to indemnifY Lessor against any and all liability, loss, cost, damage
or expense sustained by Lessor including attorney's fees and other expenses of litigation in any way
connected with the use of the premises including the access street referred to above.
7. Lessee agrees to main liability insurance in the face amount of One Million
($1,000,000.00) Dollars which shall be written so as to protect Lessor from any and all claims for
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personal injury including death which may be in any way connected with use of the
premises leased herein. Lessee agrees to have Lessor named as co-insured on the policy of
insurance obtained and to file certificates of insurance obtained and to file certificates of
insurance required herein shall be subject to the approval of lessor, both for the adequacy of
protection and approval of the insurer.
8. The Lessee shall not sell or assign this lease or sublet the leased premises or any
part thereof.
9. Lessor shall pay any and all real property taxes levied on the premises during the
term of this lease.
10. The parties hereto agree that in the event either party wishes to cancel this lease,
cancellation may be effective by the giving of one (1) year's notice from the canceling party to
the other party. The notice as provided for herein shall be sent by certified or registered mail
return receipt requested. Cancellation of this lease as provided for herein shall be effective one
year from the date of the notice as provided for herein.
IN WITNESS WHEREOF, the Lessor and Lessee have caused this agreement to be
executed on the day and year first above written. /2;.".... Q4r I
Signed, sealed and delivered ) P
In th7Jpresence of: )
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1::JOT A PUBLIC, STATE OF _)
MY COMMISSION EXPIRES:_ )
Notary Pub'~c, ~oiumbja County, Georgia )
My CommIssion Expires July 27, 2010 )
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Signed, sealed and delivered )
In the presence of: )
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NOTARY PUBLIC, STATE OF _) ~. A~:. Il,. .. J J ~
MY COMMISSION EXPIRES: _ ) ~.M!ffj ~
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