HomeMy WebLinkAbout Augusta Richmond County Civic Center Complex Meeting Room
Augusta Richmond GA
DOCUMENT NAME: f-\ u e; 0 <;T A R, c H r<lO,JO CO O..:>ry C I 'v I C ~Ef2-
Ct)r""lpt-EV 'hl eeTtNci ROOM
DOCU,MENT TYPE: L.E F\ 5 ~
YEAR: 1 Of C) 't
BOX NUMBER: to
FiLE NUMBER: \ ~ ~7 S-
NUMBER OF PAGES: / 0
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AUGUSTA RICHMOND COUNTY CIVIC CENTER COMPLEX
MEETING ROOM LEASE AGREEMENT
This Lease Agreement is made and entered into effective as of October 9, 1998, by and
between Lessor, LEISURE MANAGEMENT INTERNATIONAL, acting on the behalf of AUGUSTA-
RICHMOND COUNTY CIVIC CENTER COMPLEX, hereinafter referred to as "LMI" whose address
is P.O. Box 2306, Augusta, Georgia, 30903 and Augusta-Richmond County hereinafter referred to
as "Lessee", whose address is:
Authorized Agent(s):
Mayor Larry Sconyers
Address:
530 Greene Street
Augusta, GA 30910
Telephone Number:
(706) 821-1831
Fax Number:
WITNESSETH:
WHEREAS, Lessee desires to use space in the Augusta Richmond County Civic Center
and/or Bell Auditorium in Augusta, Georgia ("the Facility") on the terms and conditions set forth in
this Lease Agreement;
NOW THEREFORE, and in consideration of the following promises, covenants and
conditions the parties hereto agree as follows:
1. ~3RANT OF RIGHTS AND TERM OF AGREEMENT
'1.1 Use of Facilities. LMI hereby leases to Lessee those areas of the Facility specified
in Paragraph 2.1 below on the dates and times as set forth in Paragraph 2.1. below for the following
. use (each date is an "Event"):
GA Rail Passenger Authority
Lessee may not use any portion of the Facility for any other purpose.
'1.2 Term. This agreement shall commence October 9, 1998, and shall continue until
October 28, 1998, at 12 noon, subject to earlier termination in accordance with Paragraph 9, below
("the Term"). This Agreement shall be null and void if not signed and returned with required deposit
by October 23, 1998.
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2. AREAS. DATES AND HOURS OF USE. DEPOSITS AND FEES.
.2.1 Authorized Areas. Lessee will be entitled to use the following areas of the Facility
on the dates and hours specified beginning with Event load-in at 8 am on October 27,1998:
!A.rea Within Facility
Meeting Room (g)
Meeting Room (c&d)
Meeting Room (g)
Dates/Performance Times(s)
October 27, 1998 / 8 am-4 pm
Oct ober 27, 1998/ 4 pm-6 pm
October 28, 1998/ 8 am-12 noon
Notwithstanding the foregoing, LMI reserves the right to control all lobby and common areas and
will permit Lessee to use those areas of the lobby and common areas only to the extent such use
is deemed by LMI to be necessary and appropriate for the event.
2.2 Rental Fees. Overtime Fees and Other Charges. Lessee shall pay LMI the following
License Fee, Overtime Fee and Other Charges:
(a) Rental Fees: Waived. Rental fee includes room (g) set u-shaped conference style
with tables and chairs for (20) twenty people, use of house overhead lighting, HVAC
and normal cleanup. Lessee agrees to pay any and all in-house expenses such as
staffing, catering equipment and rental, etc.
(b) Overtime Fees: LMI shall invoice Lessee and Lessee'shall pay an Overtime Fee
of five hundred' dollars ($500.00) per hour if the performance time exceeds the
8:00 a.m, - 12:00 midnight time period.
(c) Other Charges: LMI shall invoice Lessee and Lessee shall pay for all other charges
for services provided for an Event at the then existing prevailing rates ("other
charges").
2.3 Deposit. Upon execution of this Agreement by Lessee, Lessee shall pay LMI a
nonrefundable advance deposit in the amount of $0.00 dollars (the "Deposit"), due with signed
contract.. LMI will credit the amount of the "Deposit" against the last invoice which LMI expects to
issue to Lessee during the Term of this Agreement.
2.4 Payment Schedule. LMI and Lessee will settle all charges and rental fees related
to the Event on within 30 days. LMI may rely on the written instructions of any agent of Lessee as
to payment of funds to other persons on behalf of the Lessee.
2.5. Canceled Events. Failure of the Lessee to use the Facilities on a performance day
for any reason, without nin~ty days written notice of event cancellation on multiple day events and
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sixty days notice on single day events, in no way relieves the Lessee from the obligation to pay the
Rental Fee and any other charges for the scheduled Event unless such failure was due to one of
the reasons set forth in Paragraph 13, below or unless the Authority chooses to release the Lessee
from this obligation. LMI may make such other use of the Facility on the date or dates of any
canceled Events and will credit to Lessee any sums received (less any administrative costs incurred
by LMI) for Rental Fees or Other Charges to the extent that such Rental Fees relate to the use of
those portions of the Facility covered by this Agreement and such Other Charges reimburse LMI for
the costs of services which LMI was to provide to Lessee.
=~.6 . Failure to Pay. Failure to pay any invoice within 30 days of the billing date set forth
on the invoice shall constitute immediate breach of this Agreement by Lessee. In the event of such
failure to make payments as required, it is agreed that LMI may, at its sole discretion, cancel all
remaining Events and retain all deposits received, apply such amounts to the amounts due and
owing to LMI pursuant to Paragraph 9 and LMI has any and all remedies available to it as outlined
in Paragraph 9.
3. INDEMNIFICATION.
Lessee agrees to indemnify, hold harmless and defend Leisure Management International,
Augusta-Richmond County Coliseum Authority and its officers, directors, agents, and employees
from and against any and all liabilities, damages, actions, costs, losses, claims and expenses
(including attorney fees), on account of personal injury, death or damage to or loss of property or
profits arising out of or resulting in whole or in part from any act, omission, negligence, fault or
violation of law or ordinance by Lessee or Lessee's employees, agents, subcontractors, exhibitors
or invitees or any other person entering the Facility with the implied or express permission of
Lessee.
4. FOOD AND BEVERAGE CONCESSIONS.
Food and beverage sales (including catering) and distributions shall remain under the sole
control of the LMI and its designee. The decision to provide food and beverage sales at any event
rests exclusively with LMI.
(a) Lessee shall not have any control over the sale or distribution of food or beverage
products in or around the Facility at any time including during Events.
(b) Lessee shall not have or assert any right to share in the revenues or receipts from
such food or beverage concessions.
(c) Lessee, his employees, agents or assigns, shall not sell, give away, or bring into the
facility, any food, drink, tobacco, or any other article that conflicts with any exclusive
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right herein given or retained by LMI, without the prior written consent of LMI.
5. pARKING CONCESSIONS.
Parking on the surface parking lots surrounding the Facility shall remain under the sole
control of the LMI. Lessee shall not have nor attempt to exert any control over the parking at the
Facility at any time including during Events and Lessee shall not have nor assert any right to share
in the revenues or receipts from such parking. LMI may lease all or any part of the parking lots at
the facility at any time at the LMI's discretion.
6. .EVENT SERVICES. Representatives from Lessee and LMI shall meet and agree upon all
services which will be necessary for the event including but not limited to staffing and/or equipment.
Lessee shall be responsible for all expenses incurred in providing such services which shall not be
included in the rental fee and shall be in addition thereto.
7. fORCE MAJEURE.
If the Facility or any part of the Facility is destroyed or damaged by fire or any other cause,
or if a labor dispute, major structural, mechanical, plumbing or electrical failure, closure of the
Facility by governmental authority or any other casualty or unforeseen occurrence renders the
fulfillment of this Agreement by LMI impossible or impracticable, then this Agreement shall be
suspended for the duration of such condition or terminated if such condition is expected to continue
indefinitely or through the remainder of the Term of this Agreement. In the event of any such
termination, the Lessee shall be liable for license fees, charges for support personnel and services,
additional utility charges which have accrued only as the time of termination and all other deposits,
rental fHes paid by Lessee shall be returned by LMI, provided, however, if such impossibility of
performance shall be due to the act or omission of Lessee, its agents, employees, members, or
invitees, then Lessee shall be liable for all fees charged hereunder as well as any and all accrued j
charges in addition to such other damages as may result from such acts or omissions. Lessee
hereby waives any claim for damages or compensation from LMI on account of such termination.
8. NON-EXCLUSIVE USE.
LMI shall have the right to use or permit the use of any portion of the Facility not granted to
Lessee under this Agreement to any person, firm or entity regardless of the nature of the use of
such other space. This right shall be subject to LMl's prudent business judgement.
Lessee understands and agrees that during the term of this lease other events, attractions,
conventions, expositions may be held in other parts of the building and it is understood and agreed
that such other events can be held, serviced or moved in or out of the building during the term
hereof even though they may cause inconvenience to Lessee. Lessee agrees that during the term
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hereof it will operate its event, attraction; convention of exposition as a self contained unit within.
the Facility and will not suffer or permit its agents, employees, licensees, tenants, visitors or others
using thl~ Facility to enter upon events, attractions, conventions or expositions held in other portions
of the building. Lessee further agrees that LMI may employ at Lessee's expense, guards or
watchmen necessary in its judgement to effectuate this provision.
9. IJEFAUL T BY LESSEE AND LMI's REMEDIES.
Lessee shall be in default of this Agreement if Lessee fails to pay any amounts due under
the terms of this Agreement, breaches any provisions of this Agreement or any other written
agreem1ent between Lessee and LMlincluding payment of fees and maintenance of required
insurance in strict accordance with this Agreement, violates any applicable laws or ordinances
during its use of the Facility or should dissolve or cease doing business as a going concern or
become insolvent or bankrupt. Upon such default by Lessee, the LMI may have one or more of the
followin~l remedies, in its sole discretion, and LMI, and its manager, agents and employees shall in
no way be responsible to Lessee for pursuing said remedies.
~).1 Declare the entire amount of the balance due under the terms of this Agreement
payable immediately.
~1.2, Refuse to allow Lessee to take possession of the Facility.
~l.3 Reenter the leased area(s) without being liable for damage therefore and relet the
leased area(s) or any portion thereof, or operate the same for the balance of the Lease Agreement
period, receive rents due and apply them first to any expenses of making LMI whole and, second,
to any expenses incurred for reentering the premises and reletting the leased area(s).
~1.4 Terminate the Lease Agreement by giving the Lessee written notice of such
termination which shall not excuse breaches of the Lease Agreement which have already occurred
and may reenter the leased area(s) as in Paragraph 9.3 above.
H.5 Pursue any other remedies availa~le to LMI either at law or equity. No single or
partial exercise of a right or remedy shall preclude any other or further exercise of a right or remedy.
SI.6 LMI may withhold and apply, without the necessity of resorting to any legal action,
to any claim it may have against lessee, all sums, receipts or deposits which may be in the
possession of LMI for or on behalf of the Lessee.
Sl.? LMI may, at its sole option, also terminate any other contract(s) with Lessee.
10. ~30VERNING LAW AND CHOICE OF FORUM.
This Agreement shall be governed by and construed in accordance with the laws of Georgia.
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Any action or proceeding arising out of or in connection with this Agreement or the conduct, acts or
activities of the parties hereunder shall be brought in the Superior Court of the State of Georgia in
and for Richmond County and both parties hereby submit to the exclusive jurisdiction of that court
and consent to venue in that court for any such actions or proceedings.
11. .SEVERABILlTY.
If any provision of this Agreement shall be declared invalid or unenforceable, the remainder
of the provisions shall continue in force and effect to the fullest extent permitted by law.
12. WAIVER.
No waiver by LMJ of any default shall operate as a waiver of any other default on a future
occasion of the same default. No delay or omission by LMI in exercising any right or remedy shall
operate as a waiver thereof, and no single or partial exercise of a right or remedy shall preclude any
other or further exercise thereof, or the exercise of any other right or remedy.
13. ATTORNEY FEES.
In case any suit or action or proceeding in bankruptcy court is instituted by either party hereto
arising out of this Agreement, the prevailing party in such litigation including any appeal shall be
entitled, in addition to the costs and disbursements provided by statute, to reasonable attorney fees
(as detE!rmined by the court on trial or appeal) which shall not be less than 10% of the principle
amount owed.
14. IJELlVERY OF NOTICES.
Any notice, request, demand, or any other communications to be given to any party
hereunder shall in writing, sent by registered or certified mail as follows:
ToLMI:
Patrick Cumiskey
General Manager
Augusta-Richmond County Civic Center Complex
P.O. Box 2306
Augusta, Georgia 30903
with a copy to:
Sam G. Nicholson
Legal Counsel
Augusta Richmond County Coliseum Authority
P.O. Box 2305
Augusta, Georgia 30903
To Lessee:
at the address provided above in this Agreement.
Either party may change such address for delivery of notice by written request to the other party.
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15. LESSEE'S ASSUMPTION OF RESPONSIBILITY.
Lessee expressly assumes full responsibility for all persons connected with Lessee's use
of the Facility, including all its employees, agents, contractors, patrons, invitees and any other
participants in Events.
16. TIME IS OF THE ESSENCE.
Time is of the essence to this Agreement.
17. .ENTIRE AGREEMENT.
This document contains the complete and exclusive agreement between the parties, and
is intended to be a final expression of their agreement. No promise, representation or covenant not
included in this document has been or is relied upon by any party.
18. )-\EADINGS.
The headings used in this agreement are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope ofthis Agreement nor the extent of any
provision thereof.
19. f-VENT OPERATION PLAN.
At least 30 days before the Event, Lessee shall provide LM I with an operational plan
detailing all pertinent information requested by LMI for the Event such as seating and physical
layout, technical and equipment requirements. For exhibition events, Lessee agrees to provide a
complete and accurate floor plan subject to approval by the responsible fire marshall and Civic
Center manager, no later than thirty days prior to the event.
Lessee shall contact George Croft at extension 508 for production assistance and Christine
Loftin at extension 502 for marketing assistance.
20. !)THER SPECIAL CONDITIONS.
(a) Current rate sheet attached to cover letter.
(b) Estimate attached to contract
@ Certificate of insurance sample attached to contract. Lessee will provide LMI with
a letter of insurance.
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l!l,PPROVAL OF CONTRACT: This Agreement is not binding upon LMI until signed on
behalf of LMI. It will be effective on the date it is executed by LMI.
LESSOR:
LEISURE MANAG
LESSEE:
Date:
16j/;'~1~
By:
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Patrick Cumiskey
Title:
General Manager
Date:
No modification or audit of this agreement shall be in force or effect unless in writing executed by
all parties hereto.
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[.;Al:JGUSTj~-RICHMOND COUNTY CIVI'C. CENTER ESTIMATE
Event
GA Rail Passenger Authority
Oct 27, 1998 through
Location
Meeting Rms (g, c&d)
Date
Oct 28, 1998
Event Status Contract Pending
TOTAL ESTIMATED EXPENSES
$0.00
J. Rental Fee
Includes:
MF~(g) set u-shaped conference style with tables and chairs for (20) people. MR(c&d) set theatre style for with
chairs for (60) people with an 8 ft. tables across the front of the room for (20) people, use of house overhead
lighting, HVAC and normal cleanup.
ESTIMATED RENOVATION FEE
$1 per sold ticket priced greater than $10
50 cents per sold ticket priced $10 or less
B TOTAL FLAT RENTAL FEE
$0.00
Space
In Out
Days
Setup Rate Event Days Event Day Rate Applicable Discount
Total By Area
MR(g) . 2 $0.00 $0.00
MR(c&d) 1 $0.00 $0.00
II. House labor Charges
III. Stage labor Charges
House Labor
Unit Price Staffing
Level
Hours
H Labor Cost
Stage Lab;)r
SL Unit SL Staffing SL Hours SL Cost
Price . Level
HOUSE LABOR TOTAL
STAGE LABOR TOTAL
Civic Center Expense Estimate
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IV. Public Safety Charges
V. Ticketmaster & Other Charges
City Required
Staff
Police Fire PF Staffing
Unit Price Level PF Hours
PF Cost
Expense
Amount
PUBLIC SAFETY TOTAL
TOTAL OTHER CHARGES
VI. Service Setup Fees
VI,I. Catering
Equipment
Setup Equip
Unit Price No
Period
Setup Cost
VIII. Notes
This is a preliminary estimate. This estimate does
not include equipment rental, catering, etc.
All food & beverage must be handled by
Masterpiece Creations.
We look forward to working with you.
Type of Estimate Preliminary
EQUIPMENT TOTAL.
Created
1 0/6/98
1 0/6/98
Modified
TOTAL ESTIIMA TED EXPENSES
$0.00
Estimated for
Mayor Larry Sconyers
See Notes for what is included/excluded from this estimate. Subject to change with alterations in event requirements.
Prepared by:
Linda Roberts
PLEASE BE AWARE THAT EVENT LIABILITY INSURANCE IS REQUIRED. EXACT TERMS ARE OUTLINED IN THE CIVIC CENTER CONTRACT.
Civic Center Expense Estimate