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Home My WebLink AboutAugusta State Farmer's Market Augusta Richmond GA DOCUMENT NAME: A \1':10 9T (.l. ~ Tf'l ,-~ F f1~ tn E: ~ S (V\ A ~l<. e:'f DOCUMENT TYPE: ~ 'j P-IS EM €,.V.- YEAR: Q.OD ~ BOX NUMBER: \ ~ FILE NUMBER: f le L,O I NUMBER OF PAGES: ;). 02/04/2003 09:01 7068212479 RICH CO TAG OFFICE PAGE 02 ~ ~\,~~ - ~- STATE OF GEORGIA. RWH\10ND COUNTY AUGUSTA STATE FARMERS' MARKET THIS AGREE"'F.NT, made and entered into this ~day of January. 20.QL, between TH~MAS T. ~RVl.N acting as Commission er ,,1' ,-\ griculture, and as agent of the Georgia Farmers Market Authority, State of Georgl~, and hls/ber suct:t:ssors in officc. m:11112 l,lnder authority ve,ted in him/her by the laws of Georgia, of the first part, herem after called Lessor, and _~.&!-!:~i~-,Ri-:.~mond County Council-Commission of the other part, hereinafter called Le,see. WITNESSETH; Th:1t the said Lessee has this day rented and leased from said Lessor and Lessor has rented and leased to said Lessee the !hllowing. premises: Building 31 3.5 10 sq, ft. dry to be used for __---Ja.1t~~l~e_ and known as Building No, 31 situated on the Augusta State Farmers' Market, Augusta, Gee,rgia. Ii)!' ;1 :erm of 12 months commencing on the -1M- day of January ,20 02 , and ending on the ~~_ day of December, 20....QL., for which the Lessee agrees to pay Lessor, his/her successors or assigns, promptly on (he Iir.~t day of each month, in advance, a monthly rental of Five Hundref,J:)f1Y Eigbt and No/Jon DOLLARS ($ , 548.00 and on failure of Les;~e (0 pay same when due, said Lessor has the right, at his/her option, to declare this lease void, cancel the same, without an:, legal pr(lceeding, re.enter and take possession of the premises. Lessor at his/ber option, upon a breach of contract, for any r,~s,)fl, rnay card for rent and sub-let the premises at tbe best price obtainable by reasonable effort, under private negotiations, and chargl~ the balance, if any, between said price of sub-letting and the t:untract price of Lessee, aod bold h im/her/it therefo"-" Su..:h sub-letting on the part of the Lessor will not in any sense be a breach of the contract on the part of the Lessor. b:.tt wil) Ill" merely as agent for the Lessee and to minimize the damage. These rights of the Lessor are cumulative and not rc~,I.'iLI,I\I' (>1' any other rights under the law, and failure on thll part of Lessor to avail himself of these privileges at any particular 11<1'(: ~hall not constitute a waiver ofthese rights. It is further mutually agreed a~ lollows: (1) Lessee hereby waives and renounces for himself and family all homestead and exemption rights helshe/it or they may have under or ry -ir',II': ,I' :he laws of this State or the United States as against any liability that may accrue under this contract, Lessee agrees Ie' F":' rifteen percent (15%) attorney's fees on any part of said rental that may be collected by suit or by attorney after the ;ame has hecome due, (2) Lessee is III repair at hisfher/its own expense any damage to water or steam pipes caused by freezing, or damage caused by any neglect! >n h j, her/its part; also to be responsible for all damages to the property of Lessor's other tenants in said building, if there be any, or to the adjoining buildings, caused by the overflow or breakage of water works in said premises or caused by :1:1,: :,,:.'i~l:t on hislher/its part, during the term of this lease. Lt:ssee agrees not to assign this lease nor to sub-let said premises ;"r ':11\" part thereof. without the written consent of said Lessor; and will deliver said premises at the e~pjr8tion of this Ica~c In :" ''','I)d order and repair as when first received. natural wear and tear excepted. (3) Lessee herehy releases Lessor from any and all damages to both person and property and will hold the Lessor harmless from all su:h dam aceS during the term of this lease, (4) Should 1'1- ,:11.-,' :,t:~ be destroyed or so damaged by tire as to becolJlt: untenable, this lease shall cease from the date of the fire. (5) Lesst:~:s,' 1I1;\~I: nO t:hanges of any nature in the above named premises without first ubtaining written consent from said Lessor or his:hL'r ,\gent. nor to paint any signs on buildings herein leased. Any improvements made to the premises become :11I i"t~l!-r:1I nart of the premises immediately upon being affixed thereto and automatically become the property of LeSSor. h'."'I" ',; : I~ssee shall not be subjt:ct 10 additional rents for such improvcments during the term of this lease. Lessee shail l1\l( ,i1~r.I:lY advertising or promotional material of any type on the exterior walls (including, without limitation. on or (hrou!!h Ihl: windows, doors or other opening), on open sheds (less than three sides) or walkways, in public ,Ind common arca~ \II'li,1: ',1 ,! kd. l)r on driveways or stret:ls. without the express written pennission of the Lessor. It is not a violation of this pmvi'IPP ,r :;t1ch advertising or promolional malerial is incidentally visible from the interior or an area enclosed hv three lIr '''"I .. ~II, (inellldin~ windows anti doorsl. and the Lessor or hi,iher al!enrs shall have the rieht to enter 02/04/2003 09:01 7068212479 RICH CO TAG OFFICE PAGE 03 ~. ,. said premisE's at reasonable hours, to examine the same, make such repairs, additions or alterations as may be deemed ,necessary for the saft:ly. l:,)Ollon and preservation of said building, and to enter upon said premises ~t any .time to repair or "improve Lessor's adjoiJ1ing property, jf any. " (6) Lessee agr~~:; rwl t\1 leave the premises herein leased unoccupied, nor to do or to permit any act which would vitiate the fire insurance policy upon said property, or increase the insurance rate; further Lessee agrees to pay all electric lights, water, heat, gas, power and utility bills or charges accruing against said property during the term of the contract; and to conform to and obey all nIb, lIrt.l~rs, r~gulations and guidelines promulgated by the Commissioner of Agriculture (Lessor) in accordance with the law. which said rules, orders, regulatiolls and guidelines are incorporated into this lease and contract and made a parr hereof hy reference thereto, and the same shall be binding as if actually written into this contract (7) In the event bankruptcy or state insolvency proceedings shall be filed and sustained against Lessee, his/her/its heirs or assigns, in any F~deral or State Court, the Lessor, his/her heirs, successors, or assigns, shall have the right, at their option, to immediately declare this contract null and void, and to at once resume possession of the property. No Receiver, Trustee, or other juuicicll ;\m"c;>:, ,hall ever have any right, title or interest in or to the above described property by virtue of this con tract. (8) It is mutually agreed and understood that the Commissioner of Agriculture retains full and complete control at all times of the property affected by this lease. It is further mutually agreed and understood that should any dispute or disagreement arise between Lessor and Lessee and should Lessee desire to take maner to court, the Lessee then and in that event hereby agrees to immediatl:ly surrender premises pending outcome of such suit. (9) Lessor h~ the privilege of carding the above premises for rent or for sale at any time within thirty days previous to the expiration (If this lea'iC,,\lIJ during the said time to exhibit said premises during reasonable hours, (10) If the LeS,iee shall violate any of the restrictions in this lease or should Lessee fail to abide by and keep all rules and regulaliuns promulgared hy Ihe Commissioner of Agriculture in accordance with the law or tail to keep any of i13 covenants, the Lessor c'r his/her agent may at once, iftbey so elect, declare this lease void, tenninate the same and at once take possession of the p:rem ises. (11) The within premi~es shall not be used for any purposes ell:cept for the purposes herein designated, without the wrinen consent of the Lessor. or of the Lessor's agent. (12) It is funhcr agr~cd that no liability shall accrue against Thomas T, Irvin personally or as an individual on account of any default or failure lln any part of this contract. (/3) Lessee agJ'ee~ t,~ l<eep the leased premises tree of all trash and garbage and in a neat aod orderly fashion, and be responsible for the collectiCln and removal of all garbage generated at Lessee's rented place of business. TInS AGREEMENT ;s i)sued under authority of and subject to the provisions of the Georgia Farmers Market Authority (GA. Laws 195:;m p,224), as amended, and an agreement (lease) by and between the Georgia Farmers Market Authority and the Department 0'- Agriculture of the State: of Georgia, as renewed aod/or amended. written. IN WITNESS WHERf,OF the Lessor and the Lessee have hereunto set their hands, the day and year first above GEOIlGIA DEPARTMENT OF AGRICULTURE (Seal) ~ ~, ~,~~~ ___ r Thomas T. Irvin, Commissioner of Agriculture (Lessor) (Seal) AUGUiC8~U / COUNCIL-COMMISSION