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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 '\ /' f4 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 z(rJo1 ~ ~IO Itff Page 9