HomeMy WebLinkAboutAmendment To Lease
Augusta Richmond GA
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STATE OF GEORGIA )
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COUNTY OF RICHMOND )
Amendment to Lease
This amendment to lease, effective this
4 th day of September
, 2001
between Augusta, Georgia, successor by consolidation to Richmond County, Georgia,
as Lessor and Augusta Arsenal Soccer Club, Inc., a Georgia corporation, as Lessee.
Witnesseth:
WHEREAS, on October 1, 1996 Lessor and Lessee entered into the long term
lease agreement attached hereto as Exhibit "A" to provide Lessee with the right to
operate certain property owned by Lessor for recreational, educational and other
purposes; and
WHEREAS, the parties.now desire to amend said agreement so as to provide for
the construction and use of a multi-purpose building on the leased property with the cost
of same to be shared as set forth herein.
NOW, THEREFORE, in consideration of October 1, 1996 lease agreement and
the mutual benefits to the parties by the construction and use of a multi-purpose
building on the leased property, the parties hereby amend the October 1, 1996
agreement by adding the following new provisions thereto:
1. Le~see shall arrange and be res~onsible for the construction of a new
multi-purpose building, including an office and concession building (the "Project") on the
leased premises in accordance with the plans, drawings and specifications attached
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hereto as Exhibit "B", subject to further revisions as may be approved by Lessor. The
total estimated cost of the Project is $150,000. Lessor shall contribute $70,000 of its
own funds toward the cost of the Project using SPLOST Phase IV funds. Lessor's
$70,000 contribution shall be paid in two installments - $35,000 at the completion of
foundation work and $35,000 upon completion of construction. Lessee shall engage the
services of the necessary engineers and/or construction contractors to build and
complete the Project.
2. Lessee shall arrange to commence construction on the Project within a
reasonable period of time and shall work with reasonable diligence to complete all
construction at the earliest possible date. Lessee shall ensure that all work is
performed in a good and workmanlike manner, in compliance with the design plans and
all applicable governmental permits, laws, ordinances, and regulations.
3. Upon completion of the Project, the operation, use and maintenance of
same shall be governed by the terms and conditions of the October 1, 1996 lease
between Lessor and Lessee.
4. Upon completion of the Project, the new facility shall become a
permanent fixture and improvement on the property owned by Lessor and Lessee shall
have no ownership interest in same or other interest except for the right to use and
operate the improvement for recreational, educational and other purposes as provided
in the October 1, 1996 lease agreement.
5. Except as amended herein, the terms and provisions of the October 1,
1996 lease agreement remain in full force and effect as between Lessor and Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have executed, signed, sealed and
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delivered this amendment to lease agreement in duplicate effective the day and year
first written above.
Signed, sealed and delivered in the
presence of:
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, .. , -' ''''c' r ti. Bob Young, M yor
., NotaryPublic ' Ib
My GOlT!mission Expires: Attest:
Notary PublIc. RIchmond County, Georgia Clerk of
,,~ ExpIres Jar\. 4. 2005
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Augusta Arsenal Soccer Club, Inc.
Notani';.Public
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ST.-\ TE OF GEORGIA )
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COC~TY OF RICH);10~TI )
LEASE
THIS .-\GREEvlENT. ~tfective this Lday of Ji/~w 1996, between RICHMONTI
COL~TY. GEORGIA as. Lessor. and .-\CGCSTA ARSENAL SOCCER CU.JB. rNC.. a
Georgia corporation. as Lessee.
\vlDo1:SSETH
\\'HERE.-\S. Lessor has acquired the propeny which IS the subject of this lease :JY
\varrantv deed of even date herewith: and
WHEREAS. the parties desire to enter into a long-term lease to provide Lessee with the
. right to operate the property for recreational. educational and other purposes;
:'>lOW THEREFORE, ~n coriside~ation of the foregoing and the representations.
warranries. covenants and agreemenrshereinafter set forth, the panies he~eto agree as follows:
1. Lessor does hereby rent and lease to Lessee the propeny described in Exhibit A (hereinafter
referred to as the "premises").
~
The term of this lease shall be tor a period of fony (40) years and from month-co-month
thereafter, commencing on the date of closing of the sales contract between the parties.
3. For the rental of the premises Lessee covenants and agrees to pay to Lessor the sum of One
Dollar (S1.00) per year. payable on the date shown above and on the anniversary of that date
each year thereafter. If default shall be made by the Lessee in the agreements, stipulations and
cO\;'enants. or any of them herein contained to be kept, observed. performed, or fulfilled by the
Lessee. including those covenants set forth in the "Augusta Area Classic and Premier Youth
Soccer Program Business Plan" atta~hed hereto as Exhibit "B" (hereinafter the "Plan") and
said det1lUlt shall continue for thiny'(30) days after notice thereof in writing to the Lessee and
Lessee has failed to cure such breach so complained of, then the Lessor may at. its option.
terminate this lease and take immediate possession of the rented premises, without wai\l;ng
any claims tar damages for breach 'of the lease on the.pan ofehe Lessee.
..I.. The premises shall be used for re~~eational. and educational purposes. The premises shall not
be used for any illegal. purposes. nor in violation of any valid regulation of any governmental
body. nor in any manner to create any nuisance or trespass.,
,
Lessor shall pay for all water. gas. electricity, fuel. light, heat. and power and for all meters
required thereror for premises or ,used by Lessee in connection therewith. If Lessor does not
pay same. Lessee may pay the same and require reimbursement .from Lessor for all charges
incurred. including penalties and late fees.
6. Lessor agrees to pay all real estate ea'(es and assessments on the premises.
EXHIBIT. A
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7. lessee agrees to pay aU li~ense and permit taxes and fees required in the use of the premises.
8. l~ssee shall be solely responsible ror any and all causes of action. claims or demands for
damages ror personal injuries. or ror loss. damage or injury to property, and any and all other
caLises of action. claims. or demands of ev.ery kind and character. caused by or arising from
the use. occupancy or operationof.the !e~ed premises.
C). lessee agrees to accept the premises as is with the understanding that Lessor shall construct
improvements on the property consistent with the property's use as a soccer facility, including
but not limited to engineering. grading and constructing soccer fields. in accordance with the
development and timetable outlined in "II. Field Development" of the Plan (attached as
Exhibit '.8"). Lessor agrees to maintain the property in accordance with an annual
u\faintenanceand Operations Plan" which shall be prepared by Lessee and submitted to
lessor.s Recreation Department for approval. which approval shall not be unreasonably
withheld and shall be binding upon Lessor. Lessor agrees that any fixruresinstalled by Lessee
may be removed by Lessee at the expiration of this Lease provided that Lessee shall restore
the premises and pay any damage caused thereby.
10. Lessor shall provide all maintenanc~ (except as set out below) ot the facilities including, but
nor limited to. field and parking lighting, water, sewer, electric and other utilities, grass cutting
and maintenance. concession and restroom maintenance.. Jessee shall orovide field striping
~nd 9:oal post maintenanc~.
II. In the event that during the term of this lease. Lessee abandons the leased premises, Lessor
may take possession of the premises and relet the same, and Lessee further agrees to turn over
the premises at the expiration of. said lease free of all claims of lien of every nature
whatsoe\'er.
12. This lease shall create the relationship of landlord and tenant between Lessor and Lessee; no
estate shall pass out of Lessor: Lessee has only a usufruct, not subject to levy and sale.
'13. If through oversight or otherwise Lessee should hold said premises beyond the term herein
limited then Lessee shall become a tenant at will and shall surrender said property on thirty
days notice from Lessor. .
14. Lessor hereby covenants that Lessee. upon paying said rents and performing the covenants of
this lease. shall and may quietly have. hold and enjoy the leased premises during the term
hereot: unless .leased premises or portion thereof be condemned by a corporation or
governmental authority havingche right of eminent domain.
15. Richmond County Recreation Department shall have the right to use the leased property for
uses consistent \-'lith Lessee' s use of the property, upon obtaining Lessee's consent in writing,
which consent may be \.vithhe!d only for reasons of Lessee's previously scheduled
commitments or for maintenance or the property.
16. Lessee shall operate all concessions on the property, and shall be obligated for all expenses
and entitled to all income trom su'ch operations.
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17. This .-\greement constitutes the entire understanding and agreement between the parnes with
regards to all matters contained herein. There are no other agreements, conditions or
representations. oral or written. express or implied. with regard thereto.. This Agreement may
be amended only in writing. signed by both parties.
18. Covenants contained in this lease with, respect to the obligations of Lessor shall be binding
upon Lessor. its successorsahd assignees; and all covenants contained in this lease with
respect to the obligations of Lessee shall be binding upon Lessee. its heirs. successors and
assigns.
19:_ Timejs of-the essence-of this'agreement.
20. Any notice required to be given pursuant to this lease shall be given in writing and sent by
registered mail directed as follows:
(a) To Lessee at Augusta Arsenal Soccer Club, Inc.. Rick Marshall. President. c/o
Rhodes-Murphy. 3938 Washington Road. Yfartinez. Georgia 30907, or at such other address as
Lessee may from time to time designate i!l writing:
(b) To Lessor at Tommy Boy1es. Augusta-Richmond County Recreation Department,
2027 Lumpkin Road. Augusta. Georgia 30906 or at such other address as Lessor may from time
to time designate in writing.
.-\ny party may change its address for purposes of this paragraph by giving the other
parties written notice of the new address in the manner set forth above,
rN WrT0JcSS WHEREOF. Lessor and Lessee have executed, signed. sealed and delivered
this agreement in duplicate effective. the day and year first above written.
Signed. sealed and delivered in the
presence of . r.::l
c=;)l.I....3a.- ~. 1-.1.1 Q L.
[SIGNA TFRES CONTINUED ON NEXT PAGE]
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citle to said p~ope~r:y co c::e ;:arc7 of the second parr: and will
forever defend the same against:
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IN WITNESS w~~REOF, :he 9arty of the first part has see
~is hand and seal, the~ay and year first above wrieten.
S:GNED, SEALED AND :;EL:7ER~D
~UGUSTA &~SENAL SOCC~R C~UB,
:NC. , (L . S . )
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[SIGNATURES CONTINUED FROM PREVIOUS PAGE]
Signed. sealed and
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5TATE,OF GEORG:A
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C:G"NTY
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as .--party 0 f' - ::-~e'
::.rse pare, anc. R:CEMOND::~L~TY, GEORG:A, a political subdivision
of ~he Staee of Gaor~ia, as par~y of the second part;
WIT N E S S ET H:
Thae
the
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for
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par::y
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consideration of ~he sum of One~undred Forty-Two Thousand Seven
~undred Seveney-2igh~ and. 72./2.00 ($2.42,773: 72.) Dollars, cash :.n
hand paid, recei;:e '.oJnereof :.s hereby adcnowledged, does hereby
grane, bargain, sall ana convey uneo eee par::y of the second par::y,
:.ts successors ana ass~gns, ::he following described property, ::0-
'Nie:
All ::hae ;:iace, parcel or lot cf :and, with
improv€me~es thereon, sieuate, lying and being
on the Ncr::h side of Maddox Road in ::he Couney
of Richmond,- Stat.e of Georgia being shown and
designaeed as 23.98 acres and being more
part.icularly delineated as "29.98 Acres" on a
;:lat for Augus~a-~ichmond Coun::y, Gaorgia,
dat.ed November 2.3, 1996, prepared cy ~obert. L.
~erringeon, ..Jr. , Gaorgia Regis~ered Land
Surveyor, and recorded in the Office of t.he
Clerk of Superior Court. .0: Rich~ond Count.y,
':;,acrgia, in Realty Reel 540, pages 2095-22.00,
~eference ceing made :0 said p~at. being
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