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HomeMy WebLinkAboutCalvin Chance Augusta Richmond GA DOCUMENT NAME: t.a\\J\\\ e.nQ\lC~ DOCUMENT TYPE: \ffi~ YEAR: C\\ BOX NUMBER: O() FILE NUMBER: \ 'W '1 C\ NUMBER OF PAGES: '1 STATE OF GEORGIA RICHMOND COUNTY LEASE THIS LEAS~ AGREEMENT, made and entered into, effective the 1st day of June, 1997, by and b13tween Richmond County, Georgia,' by and through the Augusta- Richmond County. Commission, hereinafter called "Lessor", and CALVIN CHANCE, an individual resident of the State of Georgia, hereinafter called "Lessee". WIT N E SSE T H WHEREAS, Lessor is the owner of a building more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, which is located at #4 Fifth Street in Augusta, Richmond County, State of Georgia; and WHEREAS, Lessor wishes to lease to Lessee, and Lessee desires to lease from Lessor, said building. 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 its successors and assigns, as follows: 1. Leased Premises. Lessor, duly authorized, does hereby lease unto Lessee, and the;Lessee does hereby lease and obtain for the purposes herein set forth from the Lessor, for Lessee's exclusive use, the area described in the attached Exhibi1t "A" (hereinafter called the "Leased Premises"). "Leased Premises" shall .also include any changes, additions, alterations, modifications and/or improvements on or to the Leased Premises made in accordance with this Lease Agreement. 2. Term. Lessor hereby rents, leases and lets unto Lessee, and Lessee hereby rents and leases from Lessor, the Leased Premises, for the rental and upon and subject to the terms and conditions set forth herein, for an initial term of five (5) years, commencing June 1, 1997. Lessee shall have an option to renew this Lease for two additional terms of two and one-half (2 1/2) years. The option must be exercised by written notice to Lessor given not less than six (6) months before the termination of the initial term. This Lease shall create a usufruct only and not an estate for years. 3. Rental. During the initial term, Lessee agrees to pay Lessor as rental the sum of Seven Hundred and nO/100 Dollars ($700.00) per month; provided, however, that rent is hereby waived by Lessor for the first four (4) months of the term of this Lease, such that payment of rent shall begin with the month of October, 1997. Monthly payments shall be made no later than the tenth (10th) day of the month for the month in which said rental is due. Should Lessee exercise his option to renew this Lease for additional terms, the rental shall increase by Twenty-Five and nO/100 Dollars ($25.00) per month during each renewal term. The obligation of Lessee to make the rent payment called for in this Section 3 shall be absolute and unconditional in all events and shall not be subject to any setoff, defense, counterclaim, or recoupment for any reason whatsoever, except as otherwise provided by the law of the State of Georgia. 1 l' 4. Interest: Attornev' s Fees. Any rental payment or other payment required to be paid by Lessee hereunder, if not paid within 10 days of the due date, shall bear interest from the date the same became due until the date payment is received by Lessor at the rate of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other paYment required to be paid by Lessee hereunder arid the same is collected through the services of an attorney at law, Lessee shall pay to Lessor attorneys' fees in the amount of 15% of the total amount due from Lessee and all reasonable expenses of litigation. 5. Utilities. Lessee shall pay all charges for electricity, gas, water, telephone, sewer service, sewer treatment, telephone and any other communication or utility service used in or rendered or supplied' to' the Leased Premises throughout the term of this Agreement and shall indemnify Lessor and hold it forever harmless against any and all liability or damages related thereto. 6. Use of the Leased Premises. Lessee shall use the Leased Premises herein leased only for the purpose of maintaining law offices. 7. Repairs and Maintenance. Lessee shall maintain the exterior surfaces of the Leased Premises, and all interior areas of the Leased Premises, including any changes, additions, alterations, modifications and/or improvements made by Lessee as provided in Section 8 hereof, in a condition comparable to that when initially constructed, normal wear and tear excepted. 8. Chanqes, Additions, Alterations, Modifications, Improvements. Lessee shall not, without the prior written consent of Lessor, make any changes, additions, alterations, modifications and/or improvements, structural or otherwise, in or upon any'part of the Leased Premises. The foregoing shall also apply to any exterior signs,.-notices, placement of machinery or equipment either attached or placed outside of the, Leased Premises. Lessee agrees to submit any and all plans for any changes; additions, alterations, modifications and/or' improvements to the Leased Premises to Lessor for approval before said alterations, changes or additions are begun. Lessor shall not 'unreasonably withhold its approval of. said plans. 9. Title to Chanqes, Additions, Alterations, Modifications, Improvements. It is mutually understood and agreed that title to any changes, additions, alterations, modifications and/or improvements, whether existing on the Leased Premises at the effective date of this Agreement or added to the Leased Premises during the term of this Agreement, and to all of the buildings and structures and all other improvements of a permanent character that may be. built upon the Leased Premises by the Lessee during the term of this Agreement shall remain the property of the Lessor and that fee simple title to the same shall be vested in Lessor. 10. Inspection bv Lessor. Lessor, its authorized officers, employees, agents or representatives shall have the right to enter upon the Leased premises to make inspections during regular business hours when a representative of the Lessee is present, or at any time in case of an emergency to determine whether Lessee has complied with and is complying with the terms and conditions of this Agreement; provided, however, that said inspection shall in no event unduly disrupt or interfere with the operation of Lessee. 11. Taxes. Lessee shall pay all personal property taxes which may be assessed against its equipment, merchandise, or other property located on or about the Leased Premises. and any franchise fees or other taxes which may be imposed or assessed against Lessee or its leasehold interest. 2 -:- 12. Rules and Reaulations. Lessee agrees that use of the Leased Premises shall be conducted in compliance with all local, state and federal laws, the ordinances of Augusta-Richmond County (including those ordinances in the Code of the City of Augusta and the Richmond County Code, as applicable), the rules and regulations of the Augusta::-Richmond County Corom.ission, and all rules and regulations of Lessor. Lessee 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. Lessee specifically agrees that its operations shall be conducted in compliance with all federal, state and local environmental laws, rules and regulations, and agrees to indemnify and hold harmless Lessor (and each of Lessor's elected officials, officers, agents, employees and representatives), from and against any claims, actions, demands or liabilities of any kind arising out of or relating to Lessee's use of the Leased Premises and relating to env ironmental requirements . Lessee ' s obligations hereunder shall include, without limitation, and whether' foreseeable or unforeseeable; all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Leased Premises based on environmental requirements. 13. Indemnitv: Insurance. Lessee agrees to indemnify and hold harmless Lessor from any and all claims in any way related to or arising out of any failure of Lessee to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the Leased Premises during the period from the date of this agreement to the end of the Lease Term, including reasonable attorney's fees and expenses of litigation incurred by Lessor in connection therewith. Lessee further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury to himself and/or any individuals employed or retained by himself. in. connection with any changes, . additions, alterations, modifications and/or improvements made to the Leased Premises, and hereby releases Lessor from liability in connection with any such claims. Without limiting the foregoing, Lessee further agrees to maintain at all times during said period, at Lessee's expense, comprehensive and 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 Leased Premises or arising out of their ownership, improvement, repair or alteration of the Leased Premises with limits of coverage of not less than $500,000.00 for personal injury (including death) per person and $1,000,000.00 per occurrence and not less than $100,000.00 for property damage. Lessee shall increase such property damages insurance coverage in an amount equal and sufficient to cover the value of any additional changes, additions, alterations, modifications and/or improvements, structural or otherwise, on the Leased Premises, should such changes, additions, alterations, modifications and/or improvements be made during the term, or any extension or renewal of, this Lease Agreement. Lessee shall also purchase and maintain in effect during the term of this Lease Agreement, any extension or renewal of this Lease Agreement, policies of insurance written by a company or companies qualified to do business in the. state of Georgia, providing insurance coverage against fire and casualty to the Leased Premises, which policies shall be in an amount equal and sufficient, subject to approval by Lessor, to cover the value of the Leased Premises. The cost of premiums for all policies of insurance required by this Lease Agreement shall be paid by Lessee. Policies shall be jointly in the names of Lessor and Lessee, and duplicate copies of the policies shall be delivered to Lessor. 3 .. 14. Assianments. Lessee shall not, without the prior written consent of the Lessor, assign this Lease or any interest thereunder, sublet the Leased premises or any part thereof or permit the use of the Leased premises by any party other than Lessee. Any consent to one assignment or sublease shall not destroy or waive this provision, and all later assignments and subleases shall likewise be made only upon prior written consent of the Lessor. Subtenants or assignees shall become liable directly to the Lessor for all obligations of Lessee, without relieving Lessee's liability. 15. Default. It is understood between the parties hereto that in the event of default by either of. the parties during the term of this Lease, the other party shall have the right forthwith to give notice thereof to the party in default, same to be in writing, and if such condition of default is not removed and restored within ten (10) days after receipt of such notice, then the other party shall forthwith have the option of declaring this Lease in default arid proceed to enforce their rights in accordance with the law. For purposes of this Section, an "event of default" includes but is not limited to: (a) Lessee's failure to make any payment when it becomes due under this Agreement, where such failure continues for 10 days after the due date; (b) Lessee's failure to perform, observe and/or comply with any provision of this Agreement, where such failure is not cured within 15 days of notice thereof from Lessor; or (c) Lessee's insolvency or inability to pay its debts as they become due, or Lessee's making of an assignment for the benefit of creditors, Lessee's application for or consent to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or Lessee's filiilg of a petition for relief under any bankruptcy, insolvency, reorganization or similar laws, or. the filing of a petition in, or proceeding under, any bankruptcy, insolvency, reorganization or similar laws against Lessee, which is not dismissed or fully stayed within twenty (20) days after the filing or institution thereof. 16. Quiet Eniovment, Inaress and Earess. Lessor covenants 'and warrants that Lessee, so long as it shall pay the rentals herein stipulated and 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 of the Leased Premises during the term of this Lease Agreement and any extensions thereof. Lesseej its invitees, guests, customers .and employees shall have full right of ingress and egress to the Leased Premises at all times and without charge, toll or fee. 4 -, 17. Leased Premises accepted "as-is." Lessee acknowledges and agrees that he has inspected the Leased Premises prior to his execution of this Lease Agreement, that he is aware of the condition of the Leased Premise~ as of the date of execution of this Lease Agreement, and Lessee leases the Leased Premises "as-is." 18. Miscellaneous. 18.1 Notices. All notices, demands, and requests which mayor are required to be given by either Lessor or Lessee to the other shall be in writing and shall be deemed.to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Lessee: CALVIN E. CHANCE, JR. P.O. BOX 902 AUGUSTA, GEORGIA 30903 If intended for Lessor: AUGUSTA-RICHMOND COUNTY COMMISSION C/O COUNTY ADMINISTRATOR EIGHTH FLOOR, MUNICIPAL BUILDING AUGUSTA, GEORGIA 30911 Either party may change the address and name of addressee to which subsequent notices are .tobe. sent 'by notice to the other given as 'aforesaid. 18.2 Exculpation; Indemnity. Wherever in this Agreement Lessor's liability is limited, modified or exculpated or Lessee agrees to indemnify or hold Lessor harmless or have Lessor named as an additional insured, the term Lessor shall mean and include the Augusta-Richmond County Commission (including its Mayor) and its members, officers, elected officials, agents, servants, employees and successors in office. 18.3 Covenants Bind and Benefit Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Agreement pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. 18.4 Governing Law. This Agreement shall be governed and interpreted by the laws of the state of Georgia. 19. Entire Aqreement. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or ~therwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations 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. 5 .' IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Attest, #d/I)~~~ Sworn tp_and subscribed before me this ~ day of Ar\'"i I , 1997. 6 ~ I . 1; PLAT COMPILED FROM INFORMA llON ON FILE IN lliE ENGINEERING OFFICE. 2. 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'. ._~-~)(-~X~:C CYC~NE' ..FE:C~..:' .. .<.1\ ~. \\ . (J) . \1\ / AUGUSTA COCA-COLA BOTTLING CO. / . "'!:,~~;~: COMPILED MAP FOR AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL SHOWING PROPERlY LOCATED IN DOWNTOWN AUGUSTA. IN ll-tE 87th G.M.D., KNOWN AS ll-tE HOLROYD-JOHNSON BUILDING AT No.4, 5th SlREET, AT -mE LEVEE. RICHMOND COUNTY, GEORGIA SCALE: 1"=50' JANUARY 28, 1997 50' I 26' 0 GRAPHIC SCALE IN FEET SO' I AUGUSTA-RICHMOND COUNTY DEPARTMENT OF PUBLIC' WORKS ENGINEERING DEPT., ROOM 701, MUNICIPAL BUILDING, 530 GREENE SlREET, AUGUSTA. GEORGIA 30911 DWG: 97001