HomeMy WebLinkAboutLease Extension with City of Augusta
Augusta Richmond GA
DOCUMENT NAME: L~t:tse E'l("iejVSION lJ.lrTH 0..'"1"'1 Co UNc..; 1,,1' ,llu90STJI/.
DOCUMENT TYPE: Lt= A S E"'
YEAR: :2..QO 4
IJC'
BOX NUMBER: do J
FILE NUMBER: 17S-Q D
NUMBER OF PAGES:
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STATE OF GEORGIA
COUNTY OF COLUMBIA
LEASE EXTENSION AGREEMENT
THIS AGREEMENT, made this .5:--E5 day of ~QVe~ ~"
2004, by and between Augusta, Georgia, a political subdivision of
the State of Georgia (hereinafter referred to as "Lessor"), as
successor in interest to the City Council of Augusta, and Columbia
County, Georgia, a political subdivision of the State of Georgia
(hereinafter referred to as ~Lessee").
WITNESSETH
WHEREAS, the Ci ty Council of Augusta and Lessee entered into
a lease on the 4th day of November, 1991, wherein Lessor leased to
Lessee a 31.54 acre tract of land with improvements the:eor.,
situate, lying and being in Columbia County, Georgia, adjacent to
the headgates of the Augusta Canal; a true copy of said lease
being attached hereto as Exhibit "A".
WHEREAS, Lessee now desires to extend said lease by thirteen
(13) years and lease additional property from Lessor which is
adjacent to the tract leased in 1991 for the continued development
of the area for public recreation.
NOW, THEREFORE, in considera tion of the above rec ita Is and
the mutual benefits to be derived by the public and the parties
hereto, Lessor and Lessee hereby agree as follows:
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1. Lessor and Lessee re-adopt and incorporate by reference
herein the provisions of said Lease Agreement dated November
4, 1991, between the City Council of Augusta as Lessor, and
Columbia County, Georgia as Lessee, except as provided in
this extension agreement.
2. Section 1 of said Lease is hereby amended to include, in
addition to the 31.54-acre tract referred to in the original
lease dated November 4, 1991, that tract of land consisting
of approximately 42,538 square feet, as shown on a drawing
attached hereto as Exhibit "BU, which is incorporated herein
by reference.
3. Section Three of said Lease Agreement of November 4, 1991 is
hereby deleted in its entirety, and there is substituted
therefore the following:
"Term: The term of this Lease as amended by this Lease
Extension Agreement shall be for a period of fifty (50) years
beginning on the date of this Lease Extension Agreement and
ending on November 9, 2054.u
4. In the event of a conflict between the terms of the Lease
Agreement of November 4, 1991 and this Lease Extension
Agreement, the terms of this Lease Extension Agreement shall
control.
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5. This Lease Extension Agreement shall be binding upon all
parties
hereto
and
their
respective
heirs,
executors,
administrators, successors and assigns.
6. The parties agree to execute any other documents or take any
other actions necessary to effect this Lease Extension
Agreement.
IN WITNESS WHEREOF, the parties have hereunto executed, or
caused to be executed by their duly authorized official (s), this
Lease Extension Agreement in two (2) copies, each of which shall
be deemed an original on the date above first written.
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AUGUSTA~O~GIA
By: ~cS
As its Mayor
Attest:
COLUM~UNTY' GEORGIA
By: ~ t!'~
As its ~~~"'A/
As its
Sworn to and subscribed
before Me this___day
of , 2004.
Signed, Sealed and Delivered
in the presence of:
e Steve Griles
Secretary, Department
Interior
Notary Public
My Commission expires
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STATE OF GEORGIA
LEASE AGREEMENT
RICHMOND COUNTY
THIS LEASE, made this ~x:i.J day of November, l.!V."-- by and
between CITY COUNCIL OF AUGUSTA, as Less~eTrraIter
referred to as "Cityll) and COLUMBIA ..eO.~NTY, GEORGIA, as Lessee
(hereinafter referred to as "colum~/county").
_.~.
WIT N ~~B~5 E T H: That,
WHEREAS, th~~he owner of the hereinafter
described property located in Columbia County, Georgia; and
WHEREAS, Columbia County desires to lease said property
for the p~ic purpose of constructing, operating and
mainta~~1ng a community center, recreational facility and park
under such terms and conditions as are hereinafter set forth.
NOW, .THEREFORE, the parties hereto, for and in
consideration of the premises and the mutual covenants herein
contained, do hereby agree each for itself and its successors
and assigns as follows:
section 1. Premises. The city does hereby lease unto
Columbia County and Columbia County does hereby lease from-the
City the following described property (hereinafter referred to
as the "Premises"), to wit:
. ALL that tract or parcel of land with the
improvements thereon situate, lying and being in the
state of Georgia, County of columbia, containing
31.54 acres, more or less, and being shown and
designa':.ed as 1131. 54 Ac. TOTAL" upon a certain Plat
dated September 19, 1991, prepared for City Council
of ~ugusta by the Department of Public Works of the
City of Augusta, SAVING and EXCEPTING THEREFROM,
However, that shaded area shown and designated on
said plat as "Restricted Area" including the Gate
House and Locks as shown thereon; a copy of said
Plat being attached hereto, marked Exhibit "A" and
incorporated by reference herein for a more
particular description of said property.
section 2. Use of Premises. The Premises shall be used
for the purpose of a community center, recreational facility
and public park.
section 3. Term. The term of this lease shall be for a
period of fifty (50) years beginning on the date of this Lease
Agreement. If within a period of three (3) years from the
date of this Lease Agreement Columbia County has not
co~structed a community center on the Premises having a cost
EXHIBIT
II A"
12004 LEASE
.E'l'l'R~5InN
AGREENENT
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of not less than $1,00,000, then the city may, by giving
written notice to Columbia County, terminate this Lease
Agreement and t~~e possession of the Premises.
section 4. Rental. Columbia County agrees to pay the
City an annual rental of One & 00/100 ($1.00) Dollar with the
rental of Fifty & 00/100 ($50.00) Dollars for the entire term
hereof having been paid in advance, upon the execution and
delivery of this Lease Agreement. The city hereby
acknowledges the adequacy and receipt of such rental.payrnent.
section s. Construction of Improvements. Subject to the
provisions of Section 6 hereof, Columbia County shall have the
right but not the obligation to improve the leased Premises by
renovations to existing buildings, demolition of existing
buildings and/or construction of new buildings and facilities
on'the leased Premises at Columbia county's sole expense.
All repairs, alterations and renovations to existing
buildings on the Premises and all new buildings, facilities
and other improvements to be constructed upon the Premises by
Columbia county shall be and remain a part of said Premises
and shall be surrendered to City by Columbia County at the
expiration or earlier termination of the term of this lease.
At the expiration or earlier termination of the term of this
lease, title to all the improvements located on the leased
Premises including all buildings, facilities and other
improvements and fixtures thereto constructed thereon by
Columbia County shall vest in City free and clear of any liens
or other encumbrances.
In the event that at the termination of this lease there
are any liens or encumbrances against the leased Premises or
any improvements located thereon which have not been satisfied
by Columbia County, city shall have the option of satisfying
the same in which event Columbia county shall reimburse city
for any and all costs and expenses, including reasonable
attorney's fees, incurred by the City in ~onnection therewith.
Columbia County may construct a bridge over the Augusta
Canal from the Premises or place a dock in the Augusta Canal
adjacent to the Premises or construct a boat launching ramp
into the Augusta Canal from the Premises after submitting the
plans for such bridge, dock or ramp to the Mayor of the City
and obtaining the approval of the City for such plans.
Regardless of anything contained herein to the contrary,
Columbia County shall not construct any improvements on the
leased Premises or take any action which will prevent or
inhibit city's ingress and egress from the Evans to Locks Road
to the headgates of the Augusta Canal; it being understood
that heavy equipment may be required to be brought in to
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repair or replace said headgates and to maintain the Augusta
Canal from time to time during the term of this lease.
section 6..... Historic structures. The following
structures located on'the Premises are acknowledged to have
some historic significance:
1. Dance Pavilion.
2. Barbecue Pit.
3. Barbecue House.
4. The Gate (or Lock) Keepers House.
5. The Hooper Improvement Monument.
6. Two Spring Houses.
Columbia county shall not demolish these structures
without the approval of the City, but shall have no obligation
to maintain them. If any of these structures are not being
maintained by Columbia County, it shall be responsible for
restricting public access to such structures and the areas of
the Premises where they are located. If Columbia County
undertakes to renovate, refurbish, rehabilitate or make any
changes in t~ese structures, the plans for such work shall be
reviewed by the Historic Preservation Board of Review of the
city or its successor under the same criteria as changes to
designated historic structures are reviewed under the city's
Ordinance Number 4257 or any city ordinance replacing
Ordinance Number 4257. The parties acknowledge that the
Gauging station is in the Augusta Canal and shall not be
treated as being on the Premises, thereby leaving full
responsibility for it with the City.
section 7. Destruction of Community Center or
Abandonment of Use. If after construction of the community
center on the Premises it is destroyed or so substantially
damaged as to make it unusable and if Columbia County does not
for a period of two (2) years after the date of such
destruction or damage rebuild, repair or replace the community
center, then the city may, by giving written notice to
Columbia County, terminate this Lease Agreement and take
possession of the Premises.
section 8. Liabilitv to Third Parties. Columbia County
and the City shall both to the extent permitted by law rely
upon the doctrine of sovereign immunity and official and/or
good faith immunity in regard to any claims made against them
by third parties for death, injury or damage to person or
property oC9~rring on the Premises or related in any way to
the use or operation of the Premises and the improvements now
or hereafter located thereon. However, in the event that any
liability is found against the City or Columbia County as a
result of such claims as between the City and Columbia County,
the city shall be responsible for the satisfaction of any and
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all claims, debts, demands, liabilities or causes of action of
every kind or character whether in law or in equity, asserted
by any third party, by reason of any death or injury to any
person or damage' to property or loss of use thereof arising
from any negligent act on the part of the City or any of its
members, officers, employees or agents occurring in or upon
the Premises or otherwise occurring from any activity
conducted by the City or any of its members, officers or
employees upon any property of the City adjacent to the
Premises. Columbia County shall be responsible for the
satisfaction of any and all claims, debts, demands,
liabilities or causes of action of every kind or character,
whether in law or in equity, asserted by any third party by
reason of any death or injury to any person or damage to
property or loss of use thereof arising from any cause other
than that which is the responsibility of the City as set forth
in the preceding sentence. In applying this Section 8, the
city shall not be responsible for injuries or damages arising
from defects in the Premises either latent or patent unless
such defect is created by the City, its members, officers,
employees or agents following the date of this Agreement and
is not brought to the attention of Columbia County by the City
so that appropriate protective measures can be taken by
Columbia County. Except as otherwise specifically provided
herein, if it is found that any claim, debt, demand, liability
or cause of action resulted from the joint negligence of the
city and Columbia County or the members, commissioners,
officers, agents and employees of either of them, then the
responsibility for satisfaction thereof shall be shared
between the City and Columbia County on the basis of the
percentage of negligence of each; provided, however, that
nothing contained in this Section shall constitute any waiver
of any sovereign, official or good faith immunity defense or
any other defense available to City or Columbia County.
If any liability is established on a third party claim
arising out of the existence of any toxic or hazardous
material or waste located on the Premises or originating from
the Premises, then Columbia County shall be responsible for
satisfying such liability if the toxic or hazardous material
or waste was placed on the Premises during the term of this
Lease Agreement. In all other instances, the city shall be
responsible for satisfying such liability.
In the event that the City, its members, officers,
employees or agents are required to pay a claim, debt, demand,
liability or cause of action which is the responsibility of
Columbia County hereunder, then Columbia County shall upon
demand from the City reimburse the City the amount so paid
plus reasonable attorney's fees and costs of litigation. In
the event that Columbia County, its commissioners, officers,
agents or employees are required to pay a claim, debt, demand,
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liability or cause of action which is the responsibility of
the City hereunder, then the City shall, upon demand from
Columbia County reimburse Columbia County the amount so paid
plus reasonable. attorney's fees and costs of litigation.
section 9. No Assiqnment or Sub-Lettinq bv Columbia
County. Columbia County agrees to use the Premises herein
described for the purpose herein stated, and for no other; and
there shall be no assignment or sUb-letting of the whole or
any part thereof, except with the written consent of the City.
section 10. Default. In the event that Columbia County
should fail to observe any of Columbia County's covenants and
obligations as herein expressed or should Columbia County
abandon the Premises, then upon the happening of such event,
City or the City's agent shall give Columbia County thirty
(30) days notice to comply with the provisions of this lease,
or if the conditions cannot be remedied within said thirty
(30) day period to commence the remedy within said thirty (30)
day period and diligently pursue it to completion; and should
Columbia County fail to do so, City or the City's agent shall
have the option to declare this lease terminated and at once
take possession of the leased Premises.
The rights and options given to City under this Section 8
shall not be construed to be i~ lieu of nor restrictive of any
other rights which City or its agent may have under the law
for the enforcement of this Lease Agreement.
The failure of City or its agent to avail itself of any
remedy which it may have hereunder shall at no time be
construed to be a waiver of City's rights.
section 11. Maintenance and Repairs. During the term of
this lease, the City shall not be responsible for maintenance
or repair to the leased Premises except to the extent that the
need for such maintenance and repair is the result of the use
by the City of the leased Premises or the maintenance by the
City of the Augusta Canal, its headgates and related apparatus
as provided for in this lease. Columbia County shall keep the
Premises neat and free of trash.
section 12. Relationship Landlord and Tenant. This
agreement and any renewals hereof shall create the
relationship of landlord and tenant where the City shall be
the landlord and Columbia County shall be the tenant. No
estate shall pass out of city, and Columbia County has only
the use of the Premises, which use is not subject to levy and
sale and not assignable by Columbia county, except with the
city's consent. No Receiver, Trustee, or other judicial
officer shall have any right, title or interest in and to the
leased Premises, except with the consent of the City.
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section 13. Reservation of Riahts Relative to Auausta
Canal. city reserves the right to enter upon the leased
Premises for th~ purpose of operating and maintaining the
Augusta Canal, for the purpose of operating, maintaining,
repairing and replacing the headgates to the Augusta Canal and
related apparatus which bounds the leased Premises on the
north and for the purpose of obtaining access to said Canal
and said hea~gates. City reserves the right for itself, its
agents and employees to go upon the leased Premises to clean
and dredge that portion of the Canal which abuts the leased
Premises and to cut and remove trees and underbrush that is
necessary in order to perform such work; provided, however,
that the city shall clean up. and remove from the leased
Premises any debris, trash, silt or other material resulting
from such work. The City reserves the right to back water
onto and flood portions of the Premises as shall be required
for operation of the Augusta Canal, provided that Columbia
County shall be given prior notice of any such activity which
could cause damage to improvements located on the Premises so
that protective measures can be taken. In no event shall the
rights reserved by the City in this Section be exercised so as
to unreasonably interfere with Columbia county's use of the
community center as contemplated herein.
section 14. utilities. city shall not be under any
obligation to supply the leased Premises with water, heat,
gas, electricity, power or any other utilities.
section 15. Auausta Canal. It is understood and agreed
that the Augusta Canal as controlled by the headgates
furnishes water and some electric power to the city and that
the proper maintenance, use and repair Qf such Canal and
headgates is essential to city. City reserves the right to
make reasonable modifications to the terms of this lease
agreement to provide for the Canal's proper maintenance and
repair and to permit the most advantageous use of the Canal by
city; provided, however, that in no event shall such
modifications unreasonably interfere with Columbia County's
use of the community center as contemplated herein. Columbia
County shall cooperate with the Augusta Canal Authority as
needed to further the plans of said Authority in the future
development of the Canal.
section 16. Existina Tenant. Columbia County accepts
the leased Premises subject to an existing rental agreement
with a tenant of city who occupies the residence on the leased
Premises. The City represents to Columbia County that the
tenant is occupying the residence under a month to month lease
and can be removed on no more than sixty (60) days notice. If
Columbia County incurs any costs including, but not limited
to, attorney's fees in removing said tenant, the City shall
reimburse Columbia County therefor upon demand.
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section 17. Use of Water from Auausta Canal. This
Lease Agreement shall not give Columbia County the right to
remove any water from the Augusta Canal (including its
impoundment area) without the prior written consent of the
city, except. such water as may be used on the Premises for
irrigation purposes.
section 18. No Waiver of Defenses. Nothing contained
in this Lease Agreement shall be cons~rued to be a waiver of
and the parties expressly reserve any and all defenses of
sovereign immunity, official immunity or good faith immunity
which may be available to either or both of them for claims of
third parties related to this Lease Agreement, the Premises,
the improvements now or hereafter located thereon or the use
or operation thereof.
IN WITNESS WHEREOF, the parties have hereunto caused
their duly authorized officers to execute these presents and
affix their respective seals hereto in duplicate, the day and
year first above written as the date of these presents.
signed, jrled and delivered .
on the day of November,
1991, in the presence of:
w~t~~ W. 7?7~
CITY COUNCIL OF AUGUSTA
l~y cOJ'I1J1dssion. ~xp~~e~.:
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[CITY SEAL]
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signed, sealed and delivered
on the '~day of November,
1991, in the presence of:
~ ~~Q.~
witness ~
COLUMBIA COUNTY, GEORGIA
~~~
No ary pUblic, Richmond
County, Georgia
By:
Chairman, Boa of
commissioner
Attest. t.~2,. ~
As its Cl k
My commission Expires:
[COUNTY SEAL]
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" AUGUSTA-RICHMOND COUNTY" .
(p.e. B, SUDE 381, #1)
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EXHIBIT
.i "B"
j 2004 LEASE
EXTENSION
AGREEMENT
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STATE OF GEORGIA
~fj7S9j) ~'/~II.~-- "
lltJt/,.3~
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.,- IUd:' ~ ~&. t'Ce~ -f~l~
()7h hw ~ . - &~~ It t./ftt r. 6.n"("''''
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COUNTY OF COLUMBIA
THIS AGREEMENT,
LEASE EXTENSION AGREEMENT
Q''A.J4.- da y
made
this
of
~C)VC~~ ;
2004, by and between Augusta, Georgia, a political subdivision of
the State . of Georgia (hereinafter referred to as "Lessor"), as
successor in interest to the City Council of Augusta, and Columbia
County, Georgia, a political subdivision of the State of Georgia
(hereinafter referred to as "Lessee").
WITNESSETH
WHEREAS, the City Council of Augusta and Lessee entered into
a lease on the 4th day of November, 1991, wherein Lessor leased to
Lessee a 31.54 acre tract of land with improvements thereon,
situate, lying and being in Columbia County, Georgia, adjacent to
the headgates of the Augusta Canal; a true copy of said lease
being attached hereto as Exhibit "A".
WHEREAS, Lessee now desires to extend said lease by thirteen
(13) years and lease additional property from Lessor which is
adjacent to the tract leased in 1991 for the continued development
of the area for public recreation.
NOW, THEREFORE, in consideration of the above recitals and
the mutual benefits to be derived by the public and the parties
hereto, Lessor and Lessee hereby agree as follows:
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1. Lessor and Lessee re-adopt and incorporate by reference
herein the provisions of said Lease Agreement dated November
4, 1991, between the City Council of Augusta as Lessor, and
Columbia County, Georgia as Lessee, except as provided in
this extension agreement.
2. Section 1 of said Lease is hereby amended to include, in
addition to the 31.54-acre tract referred to in the original
lease dated November 4, 1991, that tract of land consisting
of approximately 42,538 square feet, as shown on a drawing
attached hereto as Exhibit "B", which is incorporated herein
by reference.
3. Section Three of said Lease Agreement of November 4, 1991 is
hereby deleted in its entirety, and there is substituted
therefore the following:
"Term:
The term of this Lease as amended by this Lease
Extension Agreement shall be for a period of fifty (50) years
beginning on the date of this Lease Extension Agreement and
ending on November 9, 2054."
4. In the event of a conflict between the terms of the Lease
Agreement of November 4, 1991 and this Lease Extension
Agreement, the terms of this Lease Extension Agreement shall
control.
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5. This Lease Extension Agreement shall be binding upon all
parties hereto and their respecti ve heirs,
executors,
administrators, successors and assigns.
6. The parties agree to execute any other documents or take any
other actions necessary to effect this Lease Extension
Agreement.
IN WITNESS WHEREOF, the parties have hereunto executed, or
caused to be executed by their duly authorized official (s), this
Lease Extension Agreement in two (2) copies, each of which shall
be deemed an original on the date above first written.
f/!;: ~/
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Attest:
A~~~/#Pk
No
My
expires
NC't..~~ ",).,'1-: ~!r.hmond County, Geo1~6
t "'oor:ember 10,
My",,, . ..
AUGUSTA, n~G}A
By: . t1WIf~
p~b As its Mayor
COLUM~NTY' GEORGIA
By: ~ If ~
As its CJUI/'/JJ6q
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STATE OF GEORGIA
LEASE AGREEMENT
RICHMOND COUNTY
THIS LEASE, made this ~~ day of November, 19V.';. by and
between CITY COUNCIL OF AUGUSTA, as Less~~er
referred to as "city") and COLUMBIA~ee~Y, GEORGIA, as Lessee
(hereinafter referred to as "C01U~''''county'')'
WIT N E....,~ T H: That,
WHEREAS, th~h~ owner of the hereinafter
described property located in Columbia County, Georgia; and
WHEREAS, Columbia County desires to lease said property
for the ~ic purpose of constructing, operating and
mainta~~ing a community center, recreational facility and park
under-such terms and conditions as are hereinafter set forth.
NOW, .THEREFORE, the parties hereto, for and in
consideration of the premises and the mutual covenants herein
contained, do hereby agree each for itself and its successors
and assigns ~s follo~s:
section 1. Premises. The city does hereby lease untq
Columbia County and Columbia County. does hereby lease fro$ the
City the following described property (hereinafter referred to
as the "Premises"), to wit:
. ALL that tract or parcel of land with the
improvements thereon situate, lying and being in the
state of Georgia, County of Columbia, containing
31.54 acres, more or less, and being shown and
designa':.ed as "31.54.Ac. TOTAL II upon a certain Plat
d~ted September 19, 199i; prepared for City Council
of Augusta by the Department of Public Works of the
city of Augusta, SAVING and EXCEPTING THEREFROM,
However, that shaded area shown and designated on
said plat as IIRestricted Area" including the Gate
House and Locks as shown thereon; a copy of said
Plat being attached hereto, marked Exhibit IIAII and
incorporated by reference herein for a more
particular description of said property.
section 2. Use of Premises. The Premises shall be used
for the purpose of a community center, recreational facility
and public park.
section 3. Term. The term of this lease shall be for a
period of fifty (50) years beginning on the date. of this Lease
Agreement. If within a period of three (3) years from the
date of this Lease Agreement Columbia County has not
co~structed a community center on the Premises having a cost
EXHIBIT
IIAII
12004 LEASE
:I F.XTRNSTON
AGREEMENT
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of not less than $1,00,000, then the city may, by giving
written notice to Columbia County, terminate this Lease
Agreement and t~~e possession of the Premises.
section 4. Rental. Columbia County agrees to pay the
city an annual rental of One & 00/100 ($1.00) Dollar with the
rental of Fifty & 00/100 ($50.00) Dollars for the entire term
hereof having been paid in advance, upon the execution and
delivery of this Lease Agreement. The city hereby
acknowledges the adequacy and receipt of such rental payment.
section 5. Construction of Improvements. Subject to the
provisions of section 6 hereof, Columbia County shall have the
right but not the obligation to improve the leased Premises by
renovations to existing buildings, demolition of existing
buildings and/or construction of new buildings and facilities
on'the leased Premises at Columbia County's sole expense.
All repairs, alterations and renovations to existing
buildings on the Premises and all new builqings, facilities
and other improvements to be constructed upon the Premises by
columbia County shall be and remain a part of said Premises
and shall be surrendered to City by columbia County at the
expiration or earlier termination of the term of this lease.
At the expiration or earlier termination of the term of this
lease, title to all the improvements located on the leased
Premises including all buildings, facilities and other
improvements and fixtures thereto constructed thereon by
Columbia County shall vest in city free and clear of any liens
or other encumbrances.
In the event that at the termination of this lease there
are any liens or encumbrances against the leased Premises or
any improvements located thereon which have not been satisfied
by Columbia county, City shall have the option of satisfying
the same in which event Columbia County shall reimburse city
for any and all costs and expenses, including reasonable
attorney'S fees, incurred by the city in 9onnection therewith.
Columbia County may construct a bridge over the Augusta
Canal from the Premises or place a dock in the Augusta Canal
adjacent to the Premises or construct a boat launching ramp
into the Augusta Canal from the Premises after submitting the
plans for such bridge, dock or ramp to the Mayor of the city
and obtaining the approval of the city for such plans..
Regardless of anything contained herein to the contrary,
Columbia County shall not construct any improvements on the
leased Premises or take any action which will prevent or
inhibit city's ingress and egress from the Evans to Locks Road
to the headgates of the Augusta Canal; it being understood
that heavy equipment may be required to be brought in to
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repair or replace said headgates and to maintain the Augusta
Canal from time to time during the term of this lease.
section 6..... Historic structures. The following
structures located on.the Premises are acknowledged to have
some historic significance:
1. Dance Pavilion.
2. Barbecue pit.
3. Barbecue House.
4. The Gate (or Lock) Keepers House.
5. The Hooper Improvement Monument.
6. Two spring Houses.
Columbia County shall not demolish these structures
without the approval of the City, but shall have no obligation
to maintain them. If any of these structures are not being
maintained by Columbia county, it shall be responsible for
restricting public access to such structures and the areas of
the Premises where they are located. If Columbia County
undertakes to renovate, refurbish, rehabilitate or make any
changes in t~ese structures, the plans for such work shall be
reviewed by the Historic Preservation Board of Review of the
city or its successor under the same criteria as changes to
designated historic structures are reviewed under the city's
Ordinance Number 4257 or any city ordinance replacing
ordinance Number 4257.- The parties acknowledge that the
Gauging station is in the Augusta Canal and shall not be
treated as being on the Premises, thereby leaving full
responsibility for it with the City.
section 7. Destruction of community Center or
Abandonment of Use. If after construction of the community
center on the Premises it is destroyed or so substantially
damaged as to make it unusable and if Columbia County does not
for a period of two (2) years after the date of such
destruction or damage rebuild, repair or replace the community
center, then the city may, by giving written notice to
Columbia County, terminate this Lease Agreement and take
possession of the Premises.
. section 8. Liabilitv to Third Parties. Columbia coun~y
and the city shall both to the extent permitted by law rely
upon the doctrine of sovereign immunity and official and/or
good faith immunity in regard to any claims made against th~rn
by third parties for death, injury or damage to person or
property oC9~rring on the Premises or related in any way to
the use or operation of the Premises and the improvements now
or hereafter located thereon. However, in the event that any
liability is found against the city or Columbia County as a
result of such claims as between the City and Columbia County,
the City shall be responsible for the satisfaction of any and
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al~ claims, debts, demands, liabilities or causes of action of
every kind or character whether in law or in equity, asserted
by any third party, by reason of any death or injury to any
person or damage' to property or loss of use thereof arising
from any negligent act on the part of the City or any of its
members, officers, employees or agents occurring in or upon
the Premises or otherwise occurring from any activity
conducted by the City or any of its members, officers or
employees upon any property of the City adjacent to the
Premises. Columbia County shall be responsible for the
satisfaction of any and all claims, debts, demands,
liabilities or causes of action of every kind or character,
whether in law or in equity, asserted by any third party by
reason of any death or injury to any person or damage to
property or loss of use thereof arising from any cause otner
than that which is the responsibility of the City as set forth
in the preceding sentence. In applying this Section 8, the
city shall not be responsible for injuries or damages arising
from defects in the Premises either latent or patent unless
such defect is created by the City, its members, officers,
employees or agents following the date of this Agreement and
is not brought to the attention of Columbia County by the city
so that appropriate protective measures can be taken by
Columbia C~unty. Except as otherwise specifically provided
herein, if it is found that any claim, debt, demand, liability
or cause of action resulted from the joint negligence of the
city and Columbia County or the members, commissioners,
officers, agents and employees of either of them, then the
responsibility for satisfaction thereof shall be shared
between the City and Columbia County on the basis of the
percentage of negligence of each; provided, however, that
nothing contained in this Section shall constitute any waiver
of any sovereign, official or good faith immunity defense or
any other defense available to City or Columbia County.
If any liability is established on a third party claim
arising out of the existence of any toxic or hazardous
material or waste located on the Premises or originating from
the Premises, then Columbia County shall be responsible for
satisfying such liability if the toxic or hazardous material
or waste was placed on the Premises during the term of this
Lease Agreement. In all other instances, the City shall be
responsible for satisfying such liability.
In the event that the City, its members, officers,
employees or agents are required to pay a claim, debt, demand,
liability or cause of action which is the responsibility of
Columbia County hereunder, then Columbia County shall upon
demand from the city reimburse the City the amount so paid
plus reasonable attorney's fees and costs of litigation. In
the event that Columbia County, its commissioners, officers,
agents or employees are required'to pay a claim, debt, demand,
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liability or cause of action which is the responsibility of
the city hereunder, then the City shall, upon demand from
Columbia County. reimburse Columbia County the amount so paid
plus reasonable attorney's fees and costs of litigation.
section 9. No Assiqnment or Sub-Lettinq bv Columbia
county. Columbia County agrees to use the Premises herein
described for the purpose herein stated, and for no other; and
there shall be no assignment or sUb-letting of the whole or
any part thereof, except with the written consent of the city.
section 10. Default. In the event that Columbia County
should fail to observe any of Columbia County's covenants and
obligations as herein expressed or should Columbia County
abandon the Premises, then upon the happening of such event,
city or the City's agent shall give Columbia County thirty
(30) days notice to comply with the provisions of this lease,
or if the conditions cannot be remedied within said thirty
(30) day period to commence the remedy within said thirty (30)
day period and diligently pursue it to completion; and should
Columbia County fai~ to do so, City or the City's agent shall
have the option to declare this lease terminated and at once
take possession of the leased Premises.
The rights and options given to City under this Section 8
shall not be construed to be in lieu of nor restrictive of any
other rights which City or its .agent may have under the law
for the enfo'rcement of this Lease Agreement. .
The failure of City or its agent to avail itself of any
remedy which it may have hereunder shall at no time be
construed to be a waiver of city's rights.
section 11. Maintenance and Repairs. During the term of
this lease, the city shall not be responsible for maintenance
or repair to the leased Premises except to the extent that the
need for such maintenance and repair is the result of the use
by the city of the leased Premises or the maintenance by the
City of the Augusta Canal, its headgates and related apparatus
as provided for in this lease. Columbia county shall keep the
Premises neat and free of trash.
section 12. Relationship Landlord and Tenant. This
agreement and any renewals hereof shall create the
relationship of landlord and tenant where the City shall be
the landlord and Columbia County shall be the tenant. No
estate shall pass out of city, and Columbia County has only
the use of the Premises, which use is not subject to levy and
sale and not assignable by Columbia county, except with the
City's consent. No Receiver, Trustee, or other judicial
officer shall have any right, title or interest in and to the
leased Premises, except with the consent of the City.
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section 13. Reservation of Riqhts Relative to Auqusta
Canal. city reserves the right to enter upon the leased
premises for th~ purpose of operating and maintaining the
Augusta Canal, for the purpose of operating, maintaining,
repairing and replacing the headgates to the Augusta Canal and
related apparatus which bounds the leased Premises on the
north and for the purpose of obtaining access to said Canal
and said hea9gates. city reserves the right for itself, its
agents and employees to go upon the leased Premises to clean
and dredge that portion of the Canal which abuts the leased
Premises and to cut and remove trees and underbrush that is
necessary in order to perform such work; provided, however,
that the city shall clean up. and remove from the leased
premises any debris, trash, silt or other material resulting
from such work. The city reserves the right to back water
onto and flobd portions of the Premises as shall be required
for operation of the Augusta Canal, provided that Columbia
County shall be given prior notice of any such activity which
could cause damage to improvements located on the Premises so
that protective measures can be taken. In no event shall the
rights reserved by the city in this Section be exercised so as
to unreasonably interfere with Columbia county's use of the
community center as contemplated herein.
section 14. utilities. city shall not be under any
obligation to supply the leased Premises with water, heat,
gas, electricity, power or any other utilities.
section 15. AUqUsta Canal. It is understood and agreed
that th~ Augusta Canal as controlled by the headgates
furnishes water and some electric power to the City and that
the proper maintenance, use and repair ~f such Canal a~d
headgates is essential to city. City reserves the right to
make reasonable modifications to the terms of this lease
agreement to provide for the Canal's proper maintenance and
repair and to permit the most advantageous use of the Canal by
city; provided, however, that in no event shall such
modifications unreasonably interfere with Columbia County's
use of the community center as contemplated herein. Columbia
county shall cooperate with the Augusta Canal Authority as
needed to further the plans of said Authority in the future
development of the Canal.
section 16. Existinq Tenant. Columbia county accepts
the leased Premises subject to an existing rental agreement
with a tenant of city who occupies the residence on the leased
Premises. The city represents to columbia county that the
tenant is occupying the residence under a month to month lease
and can be removed on no more than sixty (60) days notice. If
Columbia County incurs any costs including, but not limited
to, attorney's fees in removing said tenant, the city shall
reimburse Columbia County therefor upon demand.
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section 17. Use of water from Auqusta Canal. This
Lease Agreement shall not give Columbia County the right to
remove any water from the Augusta Canal (including its
impoundment area) without the prior written consent of the
city, except. such water as may be used on the Premises for
irrigation purposes.
section 18. No waiver of Defenses. Nothing contained
in this Lease Agreement shall be cons~rued to be a waiver of
and the parties expressly reserve any and all defenses of
sovereign immunity, official immunity or good faith immunity
which may be available to either or both of them for claims of
third parties related to this Lease Agreement, the Premises,
the improvements now or hereafter located thereon or the use
or operation thereof.
IN WITNESS WHEREOF, the parties have hereunto caused
their duly authorized officers to execute these presents and
affix their respective seals hereto in duplicate, the day and
year first above written as the date of these presents.
signed, i:t1ed and de1ivered .
on the day of November,
1991, in the presence of:
wft~~ W. 7?1~
CITY COUNCIL OF AUGUSTA
By:
Mayor, city of
A
Attest:
Clerk of council
Hy COJ!lDi.ission. ~x~.i.:r:es..:
:;0.:-:"1 !"':':!:" .' :. ':-: t '-:; ...: ::': :..
[CITY SEAL]
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signed, sealed and delivered COLUMBIA COUNTY, GEORGIA
on the ,~day of November,
1991, in the presence of:
~ ~~9_:)
witness ~
~d~~
No ary pUblic, Richmond
county, Georgia
My commission Expires:
~/:?x:1, J l' z..
[COUNTY SEAL]
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" AUGUSTA-RICHMOND COUNTY
(p.c. B. SUDE 381, In X
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b E~~~BIT
}2004 LEASE
F.X'T'RMC:: Tnt.r
AGREENENT