HomeMy WebLinkAboutLease Agreement, Augusta Georgia and CSRA Humain Society Inc.
Augusta Richmond GA
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DOCUMENT TYPE: h e..-a. Oe.
YEAR: C\ Ci
BOX NUMBER: 'i(
FILE NUMBER: \ Y '05'3
NUMBER OF PAGES: ~O
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STATE OF GEORGIA
RICHMOND COUNTY
LEASE
THIS LEASE AGREEMENT, made and entered into, this 515!' day of
~ ~ , 1999, by AUGUSTA, GA a political subdivision of the State of Georgia,
hereinafter called "Lessor," and the CSRA HUMANE SOCIETY, INC.., a non-profit corporation
organized and existing under the laws of Georgia, hereinafter called "Lessee."
WITNESSETH
WHEREAS, Lessor is the owner of a building and real property more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference, which is located
at the northern end of Milledge Road in Augusta, Richmond County, Georgia; and
WHEREAS, Lessor wishes to lease to Lessee, and Lessee desires to lease from Lessor,
said building and property; and
WHEREAS, Lessee's Mission is to fmd loving homes for adoptable abandoned and
homeless pets while educating the community about responsible people-pet relationships,
promoting aggressive spay/neuter campaigns, and encouraging the humane treatment of all
animals; and
WHEREAS, Lessee wishes to operate an Education and Adoption Center on said
property.
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 Exhibit "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 upon the execution
of this Agreement by all parties.
This Lease shall create a usufruct only and not an estate for years.
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3. Rental. During the term ofthis Agreement, Lessee agrees to pay Lessor the rental
sum of One Dollar ($1) per annum, payable in advance. The obligation of Lessee to make the
rent payment called for in 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.
4. Utilities. Lessee shall pay all charges for electricity, gas, water, 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.
5. Use of the Leased Premises. Lessee shall use the Leased Premises only for the
purpose of operating the CSRA Humane Society Education and Adoption center. The Lesser
agrees no animals shall be allowed outside the facility before 8:00A.M. or after 8:00P.M. on
weekdays and 10:00A.M. and 8:00P.M. on weekaays and holidays.
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6. Repairs and Maintenance. Lessee shall maintain the exterior surfaces of the Leased
Premises, including any changes, additions, alterations, modifications and/or improvements
made by Lessee as provided in Section 8 hereof, normal wear and tear excepted. The Lessee
agrees that the landscaping shall be regularly maintained and the grass shall never be longer than
six (6) inches.
7. Changes. Additions. Alterations. Modifications. Improvements. Lessee shall not
without 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.
8. Title to Changes. 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 building 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 the Agreement shall remain the property ofthe
Lessor and that fee simple title to the same shall be vested in Lessor.
9. Inspection by Lessor. Lessor, its authorized 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
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with the operation of Lessee. Any deficiencies noted during the inspection shall be corrected in
thirty (30) days.
10. Taxes. Lessee shall pay any and all personal property taxes that 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.
11. Rules and Regulations. Lessee agrees that use of the Leased Premises shall be
conducted in compliance with all local, state and federal laws, the ordinances of Augusta,
Georgia, the rules and regulations of the Augusta-Richmond County Commission, 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 ofthe 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
environmental 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.
12. Indemnity~ 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
$1,000,000.00 per occurrence.
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
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coverage against ,fIre and casualty to the Leased Premises, which policies shall be in an amount
equal arid sufficient, subject to approval by Lessor, to cover the value of the Leased ,Premises.
r;~,ssee 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.
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.
All policies providing insurance coverage required to be maintained by Lessee
hereunder shall list Lessor, The Augusta-Richmond County Commission and its Mayor, Lessee
and their officers, agents, members, employees and successors as named insureds, as their
interests may appear, and shall be issued by an insurance carrier or carriers licensed to do
business in the State of Georgia and reasonably acceptable to Lessor. All such policies shall
provide that no act or omission of Lessee or its agents, servants, or employees shall in any way
invalidate any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Lessee hereunder shall be cancelable without
at least 15 days advance written notice to Lessor. All insurance policies required hereunder, or
copies thereof, shall be provided to Lessor by Lessee.
If the Leased Premises should be damaged or destroyed by fire or other casualty,
the same shall be repaired or replaced utilizing the proceeds of the insurance coverage required
to be maintained by Lessee under the terms of this Lease Agreement. In the event such damage
or destruction renders the Leased Premises untenantable, the rent required to be paid hereunder
shall nevertheless continue to be paid by Lessee without interruption during the period of repair
or replacement.
13. Assignments. 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.
14. 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 and proceed to enforce their
rights in accordance with the law.
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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 filing 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.
15. Ouiet Enioyment. Ingress and Egress. 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. Lessee, 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.
16. 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 Premises as of the date of execution of this Lease Agreem~nt, and
Lessee leases the Leased Premises "as- is. "
17. Miscellaneous.
17.1 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:
CSRA Humane Society, Inc.
P.O. Box 14667
Augusta, Ga 30919
If intended for Lessor:
AUGUSTA-RICHMOND COUNTY COMMISSION
C/O COUNTY ADMINISTRATOR
EIGHTH FLOOR, MUNICIPAL BUILDING
AUGUSTA, GA 30901
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Either party may change the address and name of addressee to which subsequent
notices are to be sent by notice to the other given as aforesaid.
17.2 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.
17.3 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.
17.4 Governing Law. This Agreement shall be governed and interpreted by the
laws of the state of Georgia.
17.5 The CSRA Humane Society or its members shall not request funds for
support or operation of the facility from Augusta-Richmond County.
18. Entire Agreement. This Agreement contains the entire agreement of the parties,
and no representations, inducements, promises or agreements, oral or otherwise, 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
, ~
Attest /U;~~ By:
Clerk
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[SIGNA TURES CONTINUED ON FOLLOWING PAGE]
CSRA HUMANE SOCIETY
By: e~ $:~
By:4~~ /MO<t^--
Title:
Secretary
Title:
President
Sworn to and su~cribed befo~e me
this~day of ~99.
ct~ vIL. <;l~~lv\
Notary Public
My Commis~ion Expires:
. Notary Public. Columbia County. Georgia
,_ MY ~omml$$t~n'E"!Jill;;" Aagu&t 10,2003
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( ) ( ) By
OFFICIAL RECEIPT
AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
JAMES B. WALL
CITY ATTORNEY
P. O. Box 2125
454 GREENE STREET
AUGUSTA, GEORGIA 30903
Bus. (706) 821-2488
Fax No. (706) 722-5984
E-Mail: Jwall@co.richmond.ga.us
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B, KUHLKE, JR.
STEPHEN E~ SHEPARD
MARION WILLIAMS
CHARLES R. OLIVER, P E, CPA
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tern
January 31,2000
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: CSRA Humane Society - Lease of Old City Stockade
Dear Lena:
I am enclosing a copy of the plat that should be attached to the original Lease
which is on file in your office.
Thanking you, I am
Yours very truly,
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James B. Wall
JBW/sjp
Enclosure
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