HomeMy WebLinkAboutSOUTHEASTERN NATURAL SCIENCE
DOCUMENT NAME:
Lease-
DOCUMENT TYPE:
YEAR: 1b DO
BOX NUMBER:, q
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FILE NUMBER: \ ~ LP'L~
NUMBER OF PAGES:
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Augusta Richmond GA
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STATE OF GEORGIA
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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,
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WITNESSETH
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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,
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.,
6. Repairs and Maintenance. Lessee shall maintain the exterior surfaces of the Leased
Premises, including any changes, additions, alterations, modifications and/or improvements made by
Lessee as provided in Section 8 hereof, normal wear and tear excepted,
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
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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
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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.
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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
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SOUTHEASTERN N
By:
Title:
Sworn to and subscribed before me
this ~q?y~of~ ~ ~. ,2000.
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