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Home My WebLink AboutMARINA OPERATOR AGREEMENT Augusta Richmond GA DOCUMENT NAME: (Vl r.t (Z I rV A Cp6R AT OR- A C) (2..t;J2; fYl EdJ--t DOCUMENT TYPE: A ~R~~l"')~~'\' YEAR: 9-00'--\ BOX NUMBER: d- L\ FILE NUMBER: , '1 )";) ~ NUMBER OF PAGES: ~ STATE OF GEORGIA ) ) ) Revised: 11/16/04 COUNTY OF RICHMOND MARINA OPERA TOR AGREEMENT THIS MARINA OPERATOR AGREEMENT, made and entered into, effective the 1 st day of January, 2005 by the City of Augusta, Richmond County, Georgia, hereinafter called "City", and Mobile Marine Inc., a corporation organized and existing under the laws of Georgia, hereinafter called "Operator". WIT N E SSE T H: WHEREAS, the City is the owner of the Riverwalk Marina, operated through the Augusta Port Authority, consisting of that parcel ofland with improvements thereon, as shown in exhibit "A" on the Savannah River, address is #1 Fifth Street in Augusta, Richmond County, Georgia, and, the Riverfront Marina; all that parcel ofland with improvements thereon, as shown in Exhibit "B" address is 1 03 Riverfront Drive in Augusta, Richmond County, Georgia, hereinafter called the "City Marinas". City Marinas shall also include any changes, additions, alterations, modifications, and/or improvements on or to the City Marinas made in accordance with this Marina Operation Agreement. WHEREAS, the City wishes Operator to operate, and Operator wishes to operate, the City Marinas; NOW THEREFORE, the parties hereto, for and in consideration of the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. DO HEREBY AGREE, each for itself and successors and assigns, as follows: 1. CITY MARINAS. City, duly authorized, does hereby grant unto Operator, authority to operate City Marinas; and, Operator does hereby accept that authority to operate City Marinas. 2. TERM. City hereby grants authority to operate City Marinas, and Operator hereby accepts authority to operate City Marinas, for consideration and upon and subject to the terms and conditions set forth herein, for an initial term of two (2) years, commencing upon the execution of this Agreement by all parties. Operator shall have the first option to renew this Agreement for an additional five (5) year term. To offset required initial investment of money, labor, and time, to repair and update "as-is" City Marinas, Operator shall operate the City Marinas for an investment period of, the first Six (6) months, with consideration being in the form of credit for capital investment. 3. CONSIDERATION. As consideration for authority to operate City Marinas, Operator agrees to compensate City in the amount of FIFTEEN H1JNDRED ($1,500) per month for the initial term, with the first monthly payment being due July 31,2005, and the last day of each month thereafter during the term of this agreement. Any payment not made by the 5th of the month next following shall be subject to a five per cent (5%) late charge. The rental payment will increase to SEVENTEEN HUNDRED ($1700) monthly after Two (2) years (effective with the payment due July 2007). In addition to the rent herein reserved, operator agrees to pay a fuel flow charge of THREE (3) cents per gallon of fuel delivered by the wholesale supplier to the Marina facilities, payable on the 1st of each month for the month immediately preceding. Said fee shall be imposed on said deliveries beginning with the month of July, 2005, and the first remittance to the City shall be due August 1, 2005. Any payment not made by the 5th of the month next following shall be subject to a five per cent (5%) late charge. 4. UTILITIES and LANSCAPING. City will continue to provide and maintain Utilities and Landscaping for Common Areas used by the General Public at large. Common Areas Utilities include: street and sidewalk lighting, fountains, garbage, water, and sewer service. Operator will be responsible for Utilities in connection with the operation of the store, fuel station, docks, and individual boat slips. 5. REPAIRS and MAINTENANCE. Operator shall perform daily maintenance repair, and upkeep of docks, store, boat ramps, parking areas and restrooms. A marina maintenance checklist will be abided by on a daily bases. Operator shall keep the City Marinas neat, clean, free of trash and in good and' well maintained condition with an attractive appearance. City to keep in good repair the roof, foundations, exterior walls, underground utility and sewer pipes of City Marinas. City Facility Maintenance Technicians will be made available for repair of city owned property in the event of a situation beyond Operators capabilities. 6. CHANGES, ADDITIONS, ALTERATIONS, MODIFICATIONS, IMPROVEMENTS. Operator shall not without prior written consent of the Augusta Port Authority, make any changes, additions, alterations, modifications and/or improvements, structural or otherwise, including fees charged for services, in or upon any part of the City Marinas. Operator agrees to submit any and all plans for any changes, additions, alterations, modifications and! or improvements to the City Marinas to Augusta Port Authority for approval before said alterations, changes, or additions are begun. City shall not unreasonably withhold its approval of said plans. The fee schedule to begin the initial lease shall follow the rates as found in Exhibit C. 7. INSPECTION BY CITY. City shall have the right to enter upon the City Marinas to make inspections during regular business hours when a representative of the Operator is present, or at any time in case of an emergency to determine whether Operator had complied with and is complying with the terms and conditions ofthis agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the marina operation. Any deficiencies noted during the inspection shall be corrected in thirty (30) days. Inspections shall be conducted on a semiannual basis by representatives of the Augusta Port Authority, Augusta Recreation And Parks, and Augusta Risk Management Department. Quarterly progress reports shall be submitted to the Augusta Port Authority no later than April 30th, July 30, October 30th, and January 30th of each year. 8. RULES AND REGULA TraNS. Operator agrees that operation of City Marinas shall be conducted in compliance with all local, state and federal laws, environmental laws, and the ordinances of Augusta, Georgia. Any changes additions or modifications to rules and regulations in place at the time of the execution of this agreement must be approved by the Augusta Port Authority. Operator 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. 9. INDEMNITY; INSURANCE. Operator agrees to maintain City Marinas with an emphasis on safety and cleanliness, and will focus on limiting liability while holding marina users accountable for their actions. Operator agrees that its operations shall be conducted in compliance with all federal, state, local, and environmental laws, rules and regulations, and agrees to indemnify and hold harmless the City, from and against any claims, actions, demands or liabilities of any kind arising out of or relating to Operators operation of the City Marinas. Operator further agrees to maintain at all times during this agreement, at Operators expense, 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 City Marinas or arising out of Operators improvement, repair or alteration of the City Marinas, with limits of coverage of not less than ONE MILLION ($1,000,000) per occurrence. The Augusta Port Authority and the City of Augusta Georgia shall be named as co-insured on this policy. 10. DEFAULT. In the event that Operator should fail to observe any of its covenants and obligations as herein expressed or cease to operate the City Marinas for the purposes set out herein, then upon the happening of such event, City shall give Operator thirty (30) days notice to comply with the provisions of this Marina Operator Agreement, or if the conditions cannot be remedied within said thirty (30) days period, to commence the remedy, and diligently pursue it to completion; and should operator fail to do so, city shall have the option to declare this Agreement terminated and at once take possession of the City Marinas. 11. QUIET ENJOYMENT, INGRESS AND EGRESS. City covenants and warrants that Operator, so long as it 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 to operate the City Marinas during the term of this Agreement and any extensions thereof. Operator, in cooperation with the United States Coast Guard Auxiliary and The Savannah Riverkeeper Inc. shall have full access to the small Port Authority Building located in the Riverfront Marina adjacent to the public boat ramp, to help facilitate 24 hour emergency capability, marina security, boating safety, and Savannah River environmental education and protection, offered to the general public. Any river events, such as boat races and rowing regattas shall have access to available dock space within the leased area to accommodate adequate river safety and use. 12. CITY MARlNAS ACCEPTED "AS-IS". Together, with all appurtenances, Operator acknowledges and agrees that it has inspected the City Marinas, its equipment and inventory, prior to the execution of this Agreement, that it is aware of the condition of the City Marinas and property thereof, as of the date of the execution of this Agreement, and Operator does accept the City Marinas inventory, equipment, and marina related property "as-is." 13. GOVERNING LAW; VENUE This agreement shall be governed and interpreted by the laws of the state of Georgia. All claims, disputes and other matters in question between all parties arising out of or relating to this Agreement, shall be decided in the Superior Court of Richmond County Georgia. 14. NOTICES. All notices, demands and requests which mayor are required to be given by either City or Operator to the other shall be in writing and shall be deemed to have been properly given when postage sent prepaid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Operator: Mobile Marine Ine 298 Prep Phillips Drive Augusta, Georgia 30901 If intended for City: Augusta Port Authority #1 5th Street Augusta, Georgia 30901 And Augusta, Georgia Attn: Administrator 530 Greene Street Augusta, Georgia 30911 15. Time is of the essence in this Agreement. 16. ENTIRE AGREEMENT This Agreement contains the entire Agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party of any obligation 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ~~ ~ Attest: 1(lJ ~ lerk of mission Notary p;ubMot ~bl.ic, C.ol~mbiB County, Georgia My co ~~}!t1If$Explres September J 7,2007 Mobile Marine, Inc. r:~ I) ~ By: MIchael D Stacy As Its: 1/ ('c' e f rf> 5. J e-..-r- 10/94 WELCOME TO. AUGUSTA RIVER WALK MARINA (706) 722-1388 E)(:HIf3ll C The City pf Augusta and the Augusta Port Authority operate two Marina facilities', each with the following services: Augusta River Walk Marina is located at #1 Fifth Street in downtown Augusta. This is a 67 slip facility on the Savannah River, offering floating docks, a ships store with nautical suppl~es, ice, beverages, sandwiche~, convenience store items, gasoline and diesel fuel, and a pump-out facility. Leases are written on a year-to-year renewable basis, with a 3D-day notice of release. Deposit: $250.,00 non-refundable. Menthly Rental: $150.00 minimum (up to 30 foot boat). OR $5.00 per foot -- which ever is greater. Dock Fingers: 39 foot Ion 29 foot Ion Electric Service: 220 V, 50 AMP 110 V, 30 AMP 110 V, 30 AMP (2) 110 V, 15 AMP GFI outlets Individual meter billed monthly by usage. Individual meter billed monthly by usage. Water Service: 3/4 inch outlet at each slip. City Water supply. Water is free. Trash: Dumpster at Marina. Telephone: Available at each slip and contracted thru the local phone company. Cable TV available at each slip and contracted thru the lo~al cable company. Cable TV: Dockage for boats 22 feet and unde~, that do not require hook-ups, is available at a flat rate of $50.00 per month. Augusta River Front Marina is located at 103 River Front Drive (Reynolds and East Boundary Streets). This is also a floating dock facility offering 50 foot slips designed for parallel docking. DepOSit: $175.00 non-refundable. Monthly Rental: $125.00 minimum (up to a ~O foot boat) OR $3.25 per foot ~- which ever is greater. Elec tric Service: 220 V, 50 AMP and 110 V, 30 AMP. Water Service, ,Trash, Telephone, and Cable TV: Same as above. JHB/lsb