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HomeMy WebLinkAboutSOUTHEASTERN NATURAL SCIENCE DOCUMENT NAME: Lease- DOCUMENT TYPE: YEAR: 1b DO BOX NUMBER:, q Lc a:t: FILE NUMBER: \ ~ LP'L~ NUMBER OF PAGES: & Augusta Richmond GA .. .- STATE OF GEORGIA ","" RICHMOND COUNTY LEASE THIS LEASE AGREEMENT made and entered into, thiS.!/!!:;. day of by AUGUSTA, GA, a political subdivision of the State of Georgia, Iiereinafter called "Le SOUTHEASTERN NATURAL SCIENCES ACADEMY, hereinafter called "Lessee," , 2000, r,"and WITNESSETH , " WHEREAS, Lessor is the owner of a building and real property more particulariy described in Exhibit "A" attached, hereto and incorporated herein by reference, located 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 wishes to operate the Phinizy Swamp Nature Park and an educational center utilizing 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 ten (10) years, commencing upon the execution of this Agreement by all parties. It is understood and agreed that "the use by the Lessee is temporary and on an interim basis. Further, in the event of removal of the constructed wetlands after September, 2008, Augusta shall have the right to terminate this lease upon sixty (60) days notice to Lessee. This Lease shall create a usufruct only and not an estate for years, 3, Rental. During the term of this Agreement, Less~e ag~ee~ t9 pay Lessor the rental sum of One Dollar ($1) per annum, payable in advance. The obligation of Lessee to ITlake 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 ope~ating the Phinizy Swamp NaturePark and Southeastern Natural Sciences Academy Education center and/or as a residence for a caretaker for same, 1 ., 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, 7. Changes. Additions. Alterations. Modifications. Improvements. Lessee shall not, without prior written consent of the City Administrator acting on behalf of the 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 the City Administrator of Lessor for approval before said alterations, changes or additions are begun. Lessor shall not unreasonably withhold its approval of said plans, 8. Title to Chanaes. 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 of the Lessor and that fee simple title to the same shall be vested in Lessor, 9. Inspection bv 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 with the operation of Lessee, 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 Pre~ises and any franchise fees or other taxes which may be imposed or assessed against Lessee or its leasehold interest. 11. Rules and Reaulations. 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 of the 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 2 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 coverage against fire and casualty to the Leased Premises, which policies shall be in an amount equal and sufficient, subject to approval by Lessor, to cover the value of the Leased Premises. Lessee shall increase such property damages insurance coverage in an amount equal and sufficient to cover the value of any additional changes, additions, alterations, modifications anellor improvements, structural or otherwise, on the Leased Premises, should such changes, additions, alterations, modifications anellor 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. Assiqnments. 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. 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 3 for 10 days after the due date; (b) Lessee's failure to perfonn, 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. Quiet Eniovment. Ingress and Earess. Lessor covenants and warrants that Lessee, so long as it shall pay the rentals herein stipulated and shall perfonn the duties and obligations herein agreed to be perfonned by it, shall peaceably and quietly have, hold and occupy and shall have the exclusive use and enjoyment of the Leased Premises during the tenn of this Lease Agreement and any extensions thereof, subject to Lessor's right of ingress and egress through the Leased Premises. 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 Agreement. 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: If intended for Lessor: AUGUSTA-RICHMOND COUNTY COMMISSION C/O COUNTY ADMINISTRATOR EIGHTH FLOOR, MUNICIPAL BUILDING AUGUSTA, GEORGIA 30911 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 hannless or have Lessor named as an additional insured, the tenn 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. 4 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 govemed and interpreted by the laws of the state of Georgia, 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: Clerk J;;~ qnf~ SOUTHEASTERN N By: Title: Sworn to and subscribed before me this ~q?y~of~ ~ ~. ,2000. ,,-~~~~, -:-- 7'~;'-'-'.)7S , "'YYCiA1. ~ "i. IJ // Not "'PUbl~ ", r....~ ary, IC_ " ,...... My'-C'ommissior( ExpireS:::. ' '. . -, ",..- . 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