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HomeMy WebLinkAboutAUGUSTA ARSENAL SOCCER CLUB SIXTH AMENDMENT TO LEASE Witnesseth: STATE OF GEORGIA ) ) COUNTY OF AUGUSTA-RICHMOND) Sixth Amendment to Lease This amendment to lease, effective this ~ I day of 4~ ~, 2007 is entered into between AUGUST A 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 shall sometimes be referred to as (Parties). WHEREAS, On October 1, 1996 Lessor and Lessee entered into a 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 ("Lease Agreement"); and WHEREAS, On September 4, 2001 said Lease Agreement was amended in writing by an Amendment to Lease, attached hereto as Exhibit "B" to provide for the construction and use of a multi-purpose building ("Amendment to Lease"). WHEREAS, on September 11, 2002 said Lease Agreement was amended in writing by a Second Amendment to Lease, attached hereto as Exhibit "c" to provide for the installation of field lighting (Second Amendment to Lease). WHEREAS, on January 18,2005 said Lease Agreement was amended in writing bya 1hird Amendment to lease, attached hereto as Exhibit "D" to provide for maintenance and operation to the property (Third Amendment to Lease). WHEREAS, on January 20, 2006 said Lease Agreement was amended in writing by a fourth amendment to lease, attached hereto as Exhibit E, to provide for maintenance and operations to the property (Fourth Amendment to Lease) WHEREAS, on February 6, 2007 said Lease Agreement was amended in writing by a fifth amendment to lease, attached hereto as Exhibit F, to provide for maintenance and operations to the property (Fifth Amendment to Lease) Whereas, the parties now desire to amend the Lease as to provide for improvements of the leased properties property, the parties hereby amend the Lease by adding the following new provisions thereto: 1. Lessee contemplates making some or all of the capital improvements to the leased premises in accordance with a list of said improvements as indicated below, subject to any revisions approved by Lessor. The total cost of improvements is set at a not to exceed amount of $160,000. Lessor shall contribute up to $160,000 of its own funds toward the cost of the improvements to the lessee using SPLOST Phase V funds, when said funds become available. 2. The improvement plan scheduled is to light two additional fields, known as fields 4 and 5, and to re-lamp and re-aim lights and fixtures on the existing fields. Payments made by the Lessor to the Lessee shall be for said lighting improvements only. 3. Schedule of payment would be as follows: a. Pay Request 1 - For all materials and labor associated with the project after the erection of all light poles and after inspections have been conducted and approved by City Electrical Staff. t~~tj:-- ~ P ./ ,,' / i b. Pay Request 2 - Remaining balance not to exceed $160,000 in total for the project, after final inspections have been conducted and approved by City Electrical Staff. 4. All financial records of the Lessee related to this lighting project shall be subject to an audit conducted by the Lessor. 5. Except as amended herein the terms of the October 1,1996 Lease Agreement remain in full force and effect and govern the responsibilities between the Lessor and Lessee. INWI1NESS WHEREOF, Lessor and Lessee executed, signed, sealed, and delivered this amendment to lease agreement in duplicate effective the day and year first written above. Augusta Arsenal Soccer Oub, Inc. Augusta Georgia, Attest: /i,./J A 1LJJ fJvt,~ Secretary '~l ~ VI "';'" ...... \. .. ';~~ '-'as,., _ ...t"llt<)";' ~t~ Q-il'ii~ (<.;$'" ~~ '" '" ,~\~. ,/~ \\ Gd')..~ "",- \'.\';O,,"'i(.~~.~,;'\l" Lena J. Bonner, CMC Clerk of Commission Room 801 - Municipal Buildin! 530 Greene Street - Augusta, GA. 3091- (706) 821-1820 - FAX (706) 821-1831 Office Of The Clerk of Commission Nancy Morawski Deputy Clerk MEMORANDUM 'rIJ I/f F~~', DATE: Mr. Tom Beck, Director Augusta Recreation Department SUBJECT: Lena J. Bonner, Clerk of Commission A~,2007 Sixth Amendment to Lease-Augusta Arsenal Soccer Club Enclosed is the original of the above referenced document, which was approved by the Augusta Commission in its regular meeting, held Tuesday, August 21,2007. Please have the agreement executed by the Augusta Arsenal Soccer Club and return the original document to the Clerk's office for the city's official file. Feel free to retain a copy of the document for your records. Please let us know if we can be of further assistance. Enclosure: ~ 1'..'~ '~/J.... _00. f..l: f...... ~..o'....." . . ,'- k // . ,-- .>y"~