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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: d~ ., . . r ~ 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: 1 ..-----~..-.. ---.----. ; . . r t 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. 2 I 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. .,- 7J " $ -. 1 rk . 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 3 '. .," ". . .,. ~~:\~.f- "It'" 'i" 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 . . . . ~ 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 2 '. . 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 3 " 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, 4 "1. . " 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. 5 " 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. 6 '. .... . 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~.: ; i. .: - ~'J ~', I :.:: :" . . :. ":-! ~. "';; '.: :::. :.. ',.. "':..:..:-.",i:.:.:::. ...:.,.il__ ...::....... )..;" :.....;. [CITY SEAL] 7 I, .... . .' 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] ~/:b,Jf'z. 8 \ '. I , . 1\ en do ? do z. 'Z do ::s: ex: - ? U1 0::. \ '\.~ \ '. \ " \ \ \ -... " \ ~: IJl : \";::1 e- \~~ \ .;<.. ~ . II VII ~IBIHX3 :aSV:a1 I " ..J .q l- e I- ei .q .. It) ... . r .. Z . .. . ~ ! f .. ! a I :; . : i f . i ! oJ:; ilt :'1- .- . I J: ~f ;: 4~ -. '~ c. .... \. ~ . -- " "--'., '=- ",q.....- ",., t"."",v\.oc:f,~;...-'I . ~ .. "..."." . .\.r:t,~;;' .... <t -.Jc a.: ~\ <(~ ....i en1 ::>1 (!): ::>: <t: l1..! 0: " -1; (3! 2; =>; o! U; >-i 1-; U! <l': c; ~. a: ~I 0.: ". W =, C): .. :11 >- I- Z :) o C.J ~ m ;=: :) ..J o c.J ...:. o z .... ..! ..., c.. 0.. az uii -z J", ~:i ..- De :JjU :2'" o! u.. . o 0: C .. .. i .. C .. . c Z U . . . ~-~ . . i . . J ~ ! I/) lie lI: o ~ ~ ..J, III ::) Q. ll. o I- Z .." :z l- ll: c Q. ... Q .... - " AUGUSTA-RICHMOND COUNTY" . (p.e. B, SUDE 381, #1) ~/5~' ~ EXHIBIT .i "B" j 2004 LEASE EXTENSION AGREEMENT . . STATE OF GEORGIA ~fj7S9j) ~'/~II.~-- " lltJt/,.3~ ~I f leme.. Jrf~f .,- IUd:' ~ ~&. t'Ce~ -f~l~ ()7h hw ~ . - &~~ It t./ftt r. 6.n"("'''' ... a 9-?-( ~.s 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: 1 . . . i , . 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. 2 . '. . . . . . . , . 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/!;: ~/ lr~~ 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 ~ \ 3 " .0" f . . ~ ~:\ ~ 1- '-~ "- t ; " 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 " ~ 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 2 : 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 3 ; ~ '. - . 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, 4 '. . 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. 5 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. 6 " l. 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] .". ...: ..:..:.:i:.:.::.~. ,..:.,.il ~_ ..::...... :i ..o. :i.. eo;. 7 .1 . .' . I.' . ' a 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] 8 \ ~: ell : \ ~ ~ .\ c;l \ W;-."',;:-- .'1" . . (/) &. /' &. ...... .' . J r. - ~\ , . . ... \~'" . "II.--: ': Oc:IIL~;;"" .~"'-::::::.:''''f.~ - .\.-;:t,~'.. 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" I I I I \ \1 'I; J I : I : I J: , ,,' ., .," I '1 \ d. ;L ~ \ i'~; li:"11 . , ':1: I )'" I 1:[ I : :r: : ,1' :lr "1 i!; :i " ,. . J , ~ ) ! . /: \ . ,. ~., ~ "lo- ,t , I' i: )'. I ~ .. ! i."" . .~ .~ I !"'~I , -,... t .~ I I "'.... .: !/.'J!: L' ~ ~~ ! ,~ \ " ~ \. ~ : , ff ...~ ':: .' f .T , r ~ I ~ tI c: '" a: n J J ! I I i - " AUGUSTA-RICHMOND COUNTY (p.c. B. SUDE 381, In X 1 . tlt5 ~, ~ I . b E~~~BIT }2004 LEASE F.X'T'RMC:: Tnt.r AGREENENT