HomeMy WebLinkAboutHUTCH HOLDINGS 2 YR LEASE AGREEMENT 360 BAY STREETADDITIONAL 653 SQ FT
ORIGINAL
RICHMOND COUNTY GEORGIA
MASTER LEASE AGREEMENT
FOR 360 BAY STREET
AUGUSTA, GEORGIA
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This Lease Agreement ("Lease") made and entered into this ~
day of February, 2009, by and between Hutch Holdings, a Georgia
corporation with its principle address at P.O. Box 13310,
Savannah, Georgia 31416 (hereinafter referred to as "Lessor")
and Augusta-Richmond County, a political sub-division of the
State of Georgia, whose address is 501 Greene Street, Suite 301,
Augusta, Georgia 30901 (hereinafter referred to as "Lessee") for
the Augusta-Richmond County Utilities Department.
1. LESSOR -Landlord
Hutch Holdings
P.O. Box 13310
Savannah, Georgia 31416
Phone 912-236-7575
Fax 912-495-9605
Attn:
2. LESSEE -Tenant
Augusta-Richmond County Georgia
501 Greene Street, Suite 301
Augusta, Georgia 30901
Phone 706-821-2426
Fax 706-821-2484
Attn: Mr. Rick Acree
3. AGREEMENT. Lessor hereby leases to Tenant and Tenant hereby
leases from Lessor the following property known as 360 Bay
Street Augusta, Georgia. The leased space consists of
approximately 11,389 square feet of total usable space as
well as the cornmon use of other cornmon areas of the building
as needed for reasonable use. The leased space includes 304
square feet known as suite 101; 470 square feet known as
suite 110; 334 square feet known as suite 150; 6459 square
feet known as suite 180; 1981 square feet known as suite 200;
1841 square feet known as suite 210.
4. TERM. The term of this lease shall initially be for
approximately two (2) years starting the date when this
agreement is executed and ending, December 31, 2010. Lessee
shall have an option to renew this lease for two (2)
additional years.
360 Bay Street Lease
Page 1
5. RENT. Tenant
above, or as
monthly basis
agrees to pay
amended, rent
as follows:
Landlord
for the
at the address
lease premises,
shown
on a
Year 1
Year 2
Year 3
Year 4
$12,658.67 per month for Year 2009
$13,101.72 per month for year 2010
$13,560.28 per month for year 2011
$14,034.89 per month for year 2012
6. RENT DUE DATES. Rent is due in advance on the 1st day of each
month.
7. LANDLORD SERVICES.
provisions of this
following services:
Subject to
agreement,
other express
Landlord will
terms
provide
and
the
A. For all public areas and special service areas to the
building:
1) Electric current for lighting and for nominal
building maintenance and operations usage, and
2) Electric lighting and gas service, and
3) Heating, ventilating and/or air conditioning as
required on a seasonal basis, and
4) Routine maintenance, painting, and decorating,
and
5) Janitorial service on a five (5) day per week
basis.
6) Water and plumbing service (from the public water
supply) for domestic use in restrooms and
drinking fountains for general use of all tenants
in the building, and
7) Elevator service where applicable.
8) Snow removal after at least two (2) inches of
accumulation where applicable.
9) Parking lot maintenance, lighting & cleaning.
B. For all Tenant areas in the Building:
1) Electric current for lighting and for Tenant's
incidental uses consistent with the operations of
business offices, provided that the electricity
so furnished will be at a nominal 120 volts and
such electricity will be used only for equipment
and accessories normal to office usage, and
2) Electric lighting service for Building standard
360 Bay Street Lease Page 2
lighting fixtures, and gas service.
3) Heating, ventilating, and/or air conditioning
8:00 A.M. to 7:00 P.M. Monday thru Friday and
after hours or on weekends upon reasonable notice
by Tenant to Landlord.
4) Routine maintenance, and
5) Janitorial service on a five (5) day per week
basis, and
6) Water and plumbing service for restrooms.
8. COMMON AREAS. The 360
Area space consisting
space not within a
landscaping, elevator,
etc.
Bay Street Building contains Cornmon
of lobby areas, hallways and other
specific suite, parking lot, outdoor
stairs, building safety alarm systems,
9. REPAIRS AND MAINTENANCE.
A. Tenant will, at Tenant's expense, keep the leased
premises in good order, repair and condition at all
times during the Term, and Tenant shall promptly and
adequately repair all damage occasioned by Tenant's
negligence to the leased premises and replace or
repair all damaged or broken fixtures and
appurtenances, under the supervision and subj ect to
the reasonable approval of the Landlord, and wi thin
any reasonable period of time specified by the
Landlord. If the Tenant does not do so, Landlord may
but need not, make such repairs and replacements, and,
if such damage was caused by Tenant, Tenant shall pay
Landlord the cost thereof. Landlord may, upon written
notice to Tenant, enter the leased premises at all
reasonable times to make such repairs, alterations,
improvements and additions to the leased premises or
to the Building or to any equipment located in the
Building as Landlord shall desire or deem necessary or
as Landlord may be required to do by governmental
authority or court order or decree.
B. Tenant shall not cornmit or allow any unreasonable
waste or damage to be cornmitted on any portion of the
leased premises, and at the termination of this Lease,
by lapse of time or otherwise, Tenant shall deliver
said leased premises to Landlord in as good condition
360 Bay Street Lease
Page 3
as of the date of initial possession by Tenant,
ordinary wear and tear excepted, and upon such ter-
mination of this lease, Landlord shall have the right
to re-enter and resume possession of the leased
premises. The cost and expense of any repair necessary
to restore the condition of the leased premises to
said condition in which they are to be delivered to
Landlord shall be borne by Tenant.
C. Tenant may, at its expense, install security fencing
and lighting to the parking lot; however, tenant
shall, if requested by Landlord, remove all lighting
and fencing at the termination of this lease by elapse
of time or otherwise.
10. ASSIGNMENT OR SUBLEASE. Tenant shall not assign or, in any
manner, transfer this Lease or any estate or interest herein,
or sublet the leased premises or any part thereof; or grant
any license, concession or other right of occupancy of any
portion of the leased premises, or use or permit same to be
used for any other purpose than stated in the use clause
hereof without the prior written consent of Landlord, which
consent shall not be unreasonably withheld. Consent by
Landlord to one or more assignments, subletting or uses shall
not operate as a waiver of Landlord's rights as to any
subsequent assignment, subletting, or uses. Notwithstanding
any assignments or subletting, Tenant and any guarantor of
Tenant's obligations under this lease shall at all times
remain fully responsible and liable for the payment of the
rent herein specified and for the compliance with all of the
Tenant's other obligations under this Lease, and it shall not
be necessary for Landlord to join any such sublessee or
assignee hereof in any action of Landlord against Tenant
resul ting from default by such sublessee or assignee under
the terms of the Lease. Upon the occurrence of an "event of
default" as hereinafter defined, if the leased premises or
any part thereof are or have been assigned and/or sublet,
Landlord, in addition to any other remedies herein provided
by law, may, at its option, collect directly from such
assignee or sublessee all rents becoming due to Tenant under
such assignment or sublease and apply such rent against any
sum due to it by Tenant hereunder, and no such collection
shall be construed to constitute a novation or a release of
Tenant from the further performance of its obligations
hereunder.
360 Bay Street Lease
Page 4
11. ADDITIONS AND ALTERATIONS.
A. Except as otherwise indicated in this Lease, Tenant
shall not, without the prior written consent of
Landlord, make any alterations, improvements or
additions to the leased premises. If Landlord consents
to said alterations, improvements or additions, it may
impose such conditions with respect thereto as
Landlord deems appropriate, including, without
limitation, requiring Tenant to furnish Landlord with
security for the payment of all costs to be incurred
in connection with such work, insurance against
liabili ties which may arise out of such work, and
plans and specifications plus permits necessary for
such work. The work necessary to make any alterations,
improvements or additions to the leased premises shall
be done at Tenant's expense. All work done by Tenant
or its contractors pursuant to this Lease shall be
done in a first-class workmanlike manner using only
good grades of materials and shall comply with all
insurance requirements and all applicable laws and
ordinances and rules and regulations of governmental
departments or agencies.
B. Except as otherwise indicated in this Lease or other
agreement, all permanent alterations, improvements and
additions to the leased premises whether temporary or
permanent in character, made or paid for by Landlord
or Tenant, shall without compensation to Tenant become
Landlord's property at the termination of this Lease
by lapse of time or otherwise and shall, unless
Landlord requests their removal, be relinquished to
Landlord in good condition, ordinary wear excepted. It
is understood and agreed between the parties that
technological improvements (i.e., computer, phone,
cornmunications and other system wiring and implements)
are specifically excluded from this provision.
12. TAXES. To be paid by the Lessor.
13. LESSOR INSURANCE. Landlord shall provide fire, casualty and
cornmercial liability insurance on the building itself but not
the Lessee nor their equipment and possessions.
360 Bay Street Lease
Page 5
14. LESSEE INSURANCE. Lessee shall provide- or be self-insured
for- all fire, casualty and liability insurance for all its
business operations on the leased premises. Lessor shall be
specifically included as an additional named insured on any
policy of insurance that Lessee has or obtains as related to
fire, casualty and liability insurance.
15. USE. The space shall be used for General Office Space,
Meeting Rooms, Hearing Rooms, etc.
16. SIGNS. Tenant shall not post or paint any signs at, on or
about the leased premises or paint the exterior walls of the
building without the prior written consent of the Lessor.
17. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its
own expense, comply with all laws, orders and requirements of
all government entities with reference to the use and
occupancy of the leased premises.
18. COMPLIANCE WITH BUILDING
agrees to abide by all
Regulations of Landlord.
RULES AND
reasonable
REGULATIONS. Tenant
Building Rules and
19. NOTICES. Notices to Lessor and Lessee shall
certified mail to the attention of the parties
successors by amendment) as listed below:
be sent by
(and their
20. LESSOR
Hutch Holdings
c/o Rex Property & Construction
Management Company
P.O. Box 1302
Augusta, Georgia 30903
Phone 706-722-4962
Fax 706-722-0982
Attn: Mr. David Moretz
LESSEE
Augusta-Richmond County Georgia
501 Greene Street, Suite 301
Augusta, Georgia 30901
Phone 706-821-2426
Fax 706-821-2484
Attn: Mr. Rick Acree
360 Bay Street Lease
Page 6
21. WAIVER OF BREACH. Except as otherwise provided by law, the
waiver by Lessor or Lessee of any breach of any provision of
this lease shall not constitute a continuing waiver of any
subsequent breach or a different provision of this lease.
22. INTERUPTION OF UTILITIES. If any utility services furnished
by Lessor are interrupted despite the good faith effort of
Lessor to remedy same, Lessor shall not be liable in any
respect for damages to the person or property of Lessee or
the property of Lessee's employees, agents or guests. Lessor
shall use reasonable diligence to repair and remedy such
interruption promptly.
23. DESTRUCTION. In the event the lease premises is partly
damaged or destroyed or rendered partially unfit for
occupancy by fire or other casualty, Lessor may repair the
damage and restore the leased premises to substantially the
same condition as irnmediate1y prior to the occurrence of the
casual ty. I f the leased premises are totally destroyed or
deemed by the Lessor to be rendered unfit for occupancy by
fire or other casualty, or if Lessor shall decide not to
repair or rebuild, this lease shall terminate and the rent
shall be paid to the time of such loss.
24. SUBORDINATION. Lessor may subordinate this lease to any
mortgage, Deed of Trust, or other lien hereafter placed on
the premises. Lessee agrees to execute such further
instruments subordinating this lease as Lessor may request.
Such subordination shall be recognized by the mortgagee, and
the rights of Lessee shall remain in full force and effect
during the term of this lease so long as Lessee shall
continue to perform all of the covenants and conditions of
this lease.
25. ESTOPPEL CERTIFICATE. The Tenant agrees that,
request by Landlord, the Tenant will, wi thin
time, deliver to Landlord a statement in writing
upon written
a reasonable
certifying:
A. that this Lease is unmodified and in full force and
effect (or if there have been modifications that the
Lease as modified is in full force and effect);
B. the dates to which rent and other charges have been
paid; and
360 Bay Street Lease
Page 7
26. LIABILITY. Lessor and its employees and agents shall not be
liable to Lessee or to Lessee's employees, patrons, visitors,
invi tes, or any other persons for any inj ury to any such
persons or for damage to personal property caused by any,
omission or neglect of Lessee or Lessee's agents or of any
other tenant of the space leased by Lessee. Lessor shall be
liable for maintaining cornmon areas of 360 Bay Street.
27. RIGHT OF ENTRY. Lessor, with prior notice and mutual
agreement with Lessee, shall have the right during normal
business hours to enter the premises: a) to inspect the
general condition and state of repair thereof and, b) to make
repairs required or permitted under this lease, or c) for any
other reasonable purpose.
28. CHOICE OF LAW TO APPLY.
under and in accordance
Georgia.
This agreement shall be construed
with the laws of the state of
29. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the
sole and only agreement of the parties to this lease and
supersedes any prior understandings or written or oral
agreements between the parties of this lease.
30. RIGHTS AND REMEDIES.
either party shall not
or all other remedies.
addi tion to any other
statute, ordinance, or
The use of anyone right or remedy by
preclude or waive its right to use any
Said rights and remedies are given in
rights the parties may have by law,
otherwise.
31. LEGAL CONSTRUCTION. In case anyone or more of the
provisions contained in this agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability
shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
32. AMENDMENT. No amendment, modification, or
terms hereof shall be binding unless it is
subsequent to the date hereof, and duly
parties.
alteration of the
in writing, dated
executed by the
360 Bay Street Lease
Page 8
33. PARKING. Tenant and their employees have the right to park
in the parking lot of the premises at no charge and on a
first-come first-serve basis.
360 Bay Street Lease
Augusta-Richmond County
By Ma0;::; ~ver
Date
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