HomeMy WebLinkAboutAugusta Arsenal Soccer Club Inc
. Augusta Richmond GA
DOCUMENT NAME: A0~ A(Se0Q\ 3occ~(' c\'^b lnC
DOCUMENT TYPE: L~a:sG
YEAR: 02-
BOX NUMBER: \/
FILE NUMBER: I l.ot-t L5'
NUMBER OF PAGES: ,~
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STATE OF GEORGIA )
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COUNlY OF AUGUSTA-RICHMOND)
Second Amendment to JLease
This amendment to lease, effective this -LL- day of SEprr,.n8,-,? ,2002 is
entered into between AUGUSTA GEORGIA, a political subdivision of the State of
Georgia, hereinafter referred to as (Lessor), and AUGUSTA ARSENAL SOCCER
CLUB, INC., a Georgia Corporation, hereinafter referred to as (Lessee). Lessor and
Lessee shaJJ sometimes be referred to as (Parties).
Witnesseth:
WHEREAS, On October 1, 1996 Lessor and Lessee entered into a long term lease
. agreement, attached hereto as Exhi~it "A", to provide Lessee with the right to operate
certain property owned by Lessor for recreational, educational, and other purposes
("Lease Agreement"); and
WHEREAS, On September 4,2001 said Lease Agreement was amended in
writing by ~ Amendment to Lease, attached hereto as Exhibit "B", to provide for the
construction and use ofamuIti-purpose building ("Amendment to Lease").
NOW, THEREFORE, in consideration of the October 1, 1996 Lease Agreement,
the September 4,2001 Amendment to Leas~, and the mutual benefits to the parties by the
instaJJation offield lighting upon said leased property, the Parties hereby amend said
Lease Agreement by adding the following new provisions thereto:
1. Lessee shall arrange, contract and be responsible for the
installation and relocation offield lighting (Lighting Project) upon the leased property.
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Said Project is to include the relocation of f~ntf (4 t poles, Installatton of fem (~) poles, the
installation of underground power, and all associated work necessary to effect completion
of the Lighting Project. The total estimated cost of the Project is fifty-five thousand six
hundred and seventy eight dollars ($55,678.00). Lessor hereby agrees to contribute
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$45,000 (forty five tho~d dollars) towards the total cost of the Project utilizing
SPLOST Phase N funds.
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2. Lessor hereby agrees to pay its $45,000 dollar contribution in two
installments, with $22,500 being paid after the installation of the new and relocated poles,
and $22,500 being paid at the completion of the Lighting Project. Said payments shall
constitute Lessor's full, entire, and only obligation with respect to the completion of the
Lighting Project. Lessee hereby assumes, accepts and agrees to absorb all costs not
covered by Lessor's contribution even if such costs shall exceed the total estimated cost
of the Lighting Project.
3. Lessee shall arrange to commence construction on the Lighting
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 workmanlike manner, in compliance with all applicable
governmental permits, laws, ordinances, and regulations.
4. Should Lessee commence but fail to complete'the Proposed
Lighting Project as agreed, Lessor may at its discretion engage the services of the
necessary engineers and/or contractors necessary to complete the Project with Lessee
being liable for the cost and agreeing to indemnify the Lessor for any and all cost above
and beyond Lessor's $45,000 dollar contribution.
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5. Upon completion of the Lighting Project, the operation, use and
maintenance of same shall be governed by the terms and conditions of the October 1,
1996 Lease Agreement between Lessor and Lessee.
6. Upon completion of the Lighting Project, the new poles, wiring, and
attachments thereto shall become permanent fixtures and improvements on the property
owned by Lessor, and Lessee shall have no ownership, possessory, or other interest in the
same except for the right to use and operate the improvements for recreational,
educational, and other purposes as provided in the October 1, 1996 Lease Agreement.
7. Except as amended herein the terms of the October 1, 1996 Lease
Agreement and the September 4, 2001 Amendment to Lease remain in full force and
effect and govern the responsibilities between the Lessor and Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have executed, signed,
sealed, and delivered this amendment to lease agreement in duplicate effective the day
and year first written above.
Augusta Arsenal Soccer Club, Inc.
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President
Attest:~~~~
Secretary
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