HomeMy WebLinkAboutParking Spaces in the Municipal Parking Plaza
Augusta Richmond GA
DOCUMENT NAME: fu'(~\txj'S~ \,,'me \'fILK'\\C\po1 ?O\,\(..\rs {)\O:7a
DOCUMENT TYPE: Ve.so\o.-nDrl
YEAR: C\CO
BOX NUMBER: OQ
F~ENUMBER: \~
NUMBER OF PAGES: \l Q
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December 15, lY~5
:!cncrabl.a Charles DeVQri~Y
800 Municipal Building
360 Gr~ene Street
Augusta, GA 3090J
Charles:
r~nnently submitted a lease to City Coun~j
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RESOLUTION
A RESOLUTION AUTHORIZING THE CITY COUNCIL OF AUGUSTA TO ENTER INTO
A LEASE AGREEMENT WITH HALTERMANN PARTNERS, INC. WITH REGARD TO
1090 PARKING SPACES IN THE MUNICIPAL PARKING PLAZA 0 THE NORTHEAST
CORNER OF 9TH AND GREEN STREETS IN THE CITY OF AUGUSTA
WHEREAS, THE CITY COUNCIL OF AUGUSTA desires to enter
into a Lease Agreement with HALTERMANN PARTNERS, INC., under such
terms and conditions as set forth in the Lease Agreement attached
hereto as IIExhibit All and by reference incorporated herein,
NOW THEREFORE, BE IT RESOLVED that the Mayor and Clerk
of Council are hereby authorized and directed to execute and
deliver for an on behalf of The City Council of Augusta the Lease
Agreement between THE CITY COUNCIL OF AUGUSTA and HALTERMANN
PARTNERS, INC., under the terms and conditions as are set forth in
the document entitled IILease Agreement II attached hereto as IIExhibit
All.
I~
DONE ~CIL
DAY OF
UNDER THE COMMON SEAL THEREOF, THIS
, 1995.
MAYOR, CITY OF
~~\
~
~
RK 0 UNCIL
/I Z ;< Ii (. b ," f /J' I I '
STATE OF GEORGIA
RICHMOND COUNTY
LEASE AGREEMENT
THIS LEASE, made this day of , 199___
by and between THE CITY COUNCIL OF AUGUSTA, hereinafter referred to as
"Landlord"; and HALTERMANN PARTNERS, INC., a Georgia Corporation,
hereinafter referred to as "Tenant";
WIT N E SSE T H: that
1. PREMISES. The Landlord, for and in consideration of the
rents, covenants, agreements, and stipulations hereinafter set forth,
to be paid, kept and performed by the Tenant, does hereby lease unto
the said Tenant, and said Tenant hereby agrees to lease and take upon
the terms and conditions which hereinafter appear, one hundred (100)
parking spaces which shall be located at that parking lot known as the
Municipal Parking Plaza located on the northeast corner of 9th and
Greene Streets in the City of Augusta, Georgia (hereinafter call the
"Premises") .
2. TERM. The term of this Lease shall begin on the ____
day of , 199____, for a period of two (2) years and end
on the day of I 199____, at midnight, unless
sooner terminated by either Landlord or Tenant as herein provided.
3. RENTAL. Tenant agrees to pay to Landlord promptly on
or before the fourth day of each month in advance, during the term of
this Lease, a monthly rental of $10.00 per space per month.
4. USE OF PREMISES. The Premises shall be used for the
parking of motor vehicles and no other purpose. The Premises shall not
be used for any illegal purposes; nor in any manner to create any
nuisance or trespass; nor in any manner to vitiate the insurance or
increase the rate of insurance, if any, on the Premises.
5. DESTRUCTION OF. OR DAMAGE TO PREMISES. If the Premises
are totally destroyed by storm, fire, lightning., earthquake or other
casualty, this Lease shall terminate as of the date of such destruction,
and rental shall be accounted for as between Landlord and Tenant as of
that date. If the Premises are damaged but not wholly destroyed by any
such casual ty, rental shall abate in such proportion as use of premises
has been destroyed.
6. ASSIGNMENT AND SUBLETTING. Tenant may not sublease all
or any portion of the leased Premises or assign this Lease or any
interest hereunder without prior written consent of the Landlord. So
long as Tenant is not in default hereunder and subj ect to the
conditions set forth herein Tenant may on the terms and conditions of
its own choice permit tenants and/or guests of The Lamar Building (753
Broad Street, Augusta, Georgia 30901), to use the Premises or any part
thereof for such parking purposes.
7. PROPERTY LEASED liAS IS"; INDEMNITY. Tenant hereby
acknowledges that said parking spaces are leased liAs Is" and that in
consideration of the nominal rent being charged for such spaces and
in consideration of Landlord's agreement to allow Tenant to permit
tenants and/or guests of the Lamar Building to utilize such parking
spaces, Tenant, its successors, legal representatives and assigns,
shall indemnify ~nd hold forever harmless Landlord against any and all
claims of Tenant and/or any such tenant or guest of the Lamar Building
or other third party for any personal injuries or property damage in
any way related to or arising out of the leasing or use of said parking
2
spaces together with reasonable attorney's fees and litigation
expenses incurred by Landlord in defending against any such claims.
8. CANCELLATION OF LEASE BY LANDLORD. It is mutually
agreed that in the event the Tenant shall default in the payment of
rent herein reserved, when due, and fails to cure said defaul t, wi thin
five (5) days after written notice thereof from Landlord; or if Tenant
shall be in default in performing any of the terms or provisions of
this Lease other than the provision requiring the payment of rent, and
fails to cure such default within thirty (30) days after the date of
receipt of written notice of default from Landlord; or if Tenant is
adjudicated bankrupt; or if a permanent receiver is appointed for
Tenant's property and such receiver is not removed within sixty (60)
days after written notice from Landlord to Tenant to obtain such
removal; or if, whether voluntarily or involuntarily, Tenant takes
advantage of any debtor relief proceedings under any present or future
law, whereby the rent or any part thereof is, or is proposed to be,
reduced or payment thereof deferred; or if Tenant makes an assignment
for benefit of creditors; or if Tenant's effects should be levied upon
or attached under process against Tenant, not satisfied or dissolved
within thirty (30) days after written notice from Landlord to Tenant
to obtain satisfaction thereof; or if Landlord should sell said
Municipal Parking Plaza then, and in any of said events, Landlord at
its option may at anY time terminate this Lease by written notice to
Tenant; whereupon the Lease shall end; provided, however, that in the
event of such sale, Landlord shall give not less than 30 days notice
prior to such termination.
3
Notwi thstanding anything to the contrary in this Lease,
Tenant shall not be prevented by this Lease from assigning any of its
assets as collateral for any loan from a financial institution or
insurance company, and such assignment shall not be considered a
default by Tenant.
9. SIGNS. Tenant shall place no signs upon the leased
Premises except with the written consent of the Landlord. Any and all
signs placed on the leased Premises by Tenant with the consent of
Landlord shall be maintained in compliance with rules and regulations
governing such signs and the Tenant shall be responsible to Landlord
for any damage caused by installation, use, or maintenance of said
signs, and Tenant agrees upon removal of said signs to repair all
damages incident to such removal.
10. EFFECT OF TERMINATION OF LEASE. No termination of this
Lease prior to the normal ending thereof, by lapse of time or
otherwise, shall affect Landlord's right to collect rent for the period
prior to termination thereof.
11. NO ESTATE IN LAND. This contract shall create the
relationship of Landlord and Tenant between the parties hereto; no
estate shall pass out of Landlord. Tenant has only a usufruct, not
subj ect to levy and sale, and not assignable by Tenant except by
Landlord's consent.
12. HOLDING OVER. If Tenant remains in possession of
Premises after. expiration of the term hereof, with Landlord's
acquiescence and without any express agreement of parties, Tenant
shall be a tenant at will at the rental rate in effect at end of Lease;
and there shall be no renewal of this Lease by operation of law.
4
13. ATTORNEY'S FEES AND HOMESTEAD. If any rent owing under
this Lease is collected by or through an attorney at law, Tenant agrees
to pay fifteen percent (15%) of all sums due as attorney's fees.
Tenant waives all homestead rights and exemptions which he may have
under any law as against any obligation owing under this Lease,
14. RIGHTS CUMULATIVE. All rights, powers and privileges
conferred hereunder upon parties hereto shall be cumulative but not
restrictive to those given by law.
15.
SERVICE OF NOTICE.
Any notice, demand, request,
approval, consent, or other communication (hereinafter referred to as
"notice"), which Landlord or Tenant may be r~quired to give to each
other shall be in writing and shall be mailed to an official United
States Post Office, certified or registered mail, return receipt
requested, with adequate postage prepaid, to the other party at the
address as each party has designated in this Lease or shall have
changed by proper notice in writing to the other. Such addresses are
as follows:
Landlord:
City Council of Augusta
8th Floor
Augusta-Richmond County Municipal Building
530 Greene Street
Augusta, Georgia 30911
Attention: Clerk of Council
Tenant:
Haltermann Partners, Inc.
753 Broad Street
Suite 504
Augusta, Georgia 30901
Attention: Mr. Bryan M. Haltermann
If notice is not an answer or reply to a previous notice from the
other party, the time of rendition of such shall be the date when the
5
receipt is signed, refused or returned unclaimed. If the notice is an
answer or reply to a previous notice from the other party, the time of
rendition of such shall be the date postmarked by the United States
Postal Service. In the event of a postal strike or other interference
with the regular delivery of mail, notices may be served in person or
by telegram in lieu of certified or registered mail, but shall be
effective upon receipt.
16. WAIVER OF RIGHTS. No failure of Landlord to exercise
any power given it hereunder, or to insist upon strict compliance by
Tenant with any of its obligations hereunder, and no custom or practice
of the Landlord at variance with the terms hereof shall constitute a
waiver of Landlord's right to demand exact compliance with the terms
hereof.
17.
TIME OF ESSENCE.
Time is of the essence of this
Agreement.
18. DEFINITIONS. "Landlord" as used in the Lease shall
include assigns and successors in title to the Premises. "Tenant"
shall include Haltermann Partners, Inc. and its legal representatives,
successors and assigns, and if this Lease shall be validly assigned or
sublet with the advance written consent of Landlord, shall include also
Tenant's assignees or sublessees, as to the Premises covered by such
assignment or sublease; provided, however, that nothing contained
herein shall be construed so as to relieve Tenant of any of its
obligations to Landlord hereunder in the event of any such sublease or
assignment.
19.
ENTIRE AGREEMENT.
This Lease contains the entire
agreement of the parties hereto and no representations, inducements,
6
promises or agreements, oral or other wise, between the parties, not
embodied herein, shall be of any force or effect.
IN WITNESS WHEREOF, the parties hereto have caused their
proper officers to execute these presents and affix their respective
seals hereto on the day and year first above written.
Signed, Sealed and Delivered ) HALTERMANN PARTNERS, INC.
on the day of ,)
199 ,in the presence of: )
) BY:
) As its: President
)
)
) ATTEST:
Notary Public, ) As its:
County, Georgia )
)
My Commission Expires: )
)
Signed, Sealed and D~ered I
on the iP.b6 day of ,z;--nJR'.J J)
199.1 , in the pres nce of: )
~dtf y /Jj H/l17' i
No721:'/ti;Ji ~~~ i
Cpunty, Georgia )
)
)
)
My:, Commission Expires:
NotalY Public, Columbia County, Georgia
My Commission Expires June 21, 1996
THE CITY COUNCIL OF AUGUSTA
BY:O~. o~ ~~
Mayor, ity of Augusta
ATTEST:
7
STATE OF GEORGIA
RICHMOND COUNTY
LEASE AGREEMENT
THIS LEASE, made this day of , 199
by and between THE CITY COUNCIL OF AUGUSTA, hereinafter referred to as
"Landlord"j and HALTERMANN PARTNERS, INC., a Georgia Corporation,
hereinafter referred to as "Tenant"j
WIT N E SSE T H: that
1. PREMISES. The Landlord, for and in consideration of the
rents, covenants, agreements, and stipulations hereinafter set forth,
to be paid, kept and performed by the Tenant, does hereby lease unto
the said Tenant, and said Tenant hereby agrees to lease and take upon
the terms and conditions which hereinafter appear, one hundred (100)
parking spaces which shall be located at that parking lot known as the
Municipal Parking Plaza located on the northeast corner of 9th and
Greene Streets in the City of Augusta, Georgia (hereinafter call the
"Premises") .
2. TERM. The term of this Lease shall begin on the ____
day of , 199____, for a period of two (2) years and end
on the day of , 199____, at midnight, unless
sooner terminated by either Landlord or Tenant as herein provided.
3. RENTAL. Tenant agrees to pay to Landlord promptly on
or before the fourth day of each month in advance, during the term of
this Lease, a monthly rental of $10.00 per space per month.
4. USE OF PREMISES. The Premises shall be used for the
parking of motor vehicles and no other purpose. The Premises shall not
be used for any illegal purposesj nor in any manner to create any
nuisance or trespass; nor in any manner to vitiate the insurance or
increase the rate of insurance, if any, on the Premises.
5. DESTRUCTION OF, OR DAMAGE TO PREMISES. If the Premises
are totally destroyed by storm, fire, lightning, earthquake or other
casual ty, this Lease shall terminate as of the date of such destruction,
and rental shall be accounted for as between Landlord and Tenant as of
that date. If the Premises are damaged but not wholly destroyed by any
such casualty, rental shall abate in such proportion as use of premises
has been destroyed.
6. ASSIGNMENT AND SUBLETTING. Tenant may not sublease all
or any portion of the leased Premises or assign this Lease or any
interest hereunder without prior written consent of the Landlord. So
long as Tenant is not in default hereunder and subject to the
conditions set forth herein Tenant may on the terms and conditions of
its own choice permit tenants and/or guests of The Lamar Building (753
Broad Street, Augusta, Georgia 30901), to use the Premises or any part
thereof for such parking purposes.
7. PROPERTY LEASED "AS IS"; INDEMNITY. Tenant hereby
acknowledges that said parking spaces are leased "As Is" and that in
consideration of the nominal rent being charged for such spaces and
in consideration of Landlord's agreement to allow Tenant to permit
tenants and/or guests of the Lamar Building to utilize such parking
spaces, Tenant, its successors, legal representatives and assigns,
shall indemnify and hold forever harmless Landlord against any and all
claims of Tenant and/or any such tenant or guest of the Lamar Building
or other third party for any personal injuries or property damage in
any way related to or arising out of the leasing or use of said parking
2
spaces together with reasonable attorney's fees and litigation
expenses incurred by Landlord in defending against any such claims.
8. CANCELLATION OF LEASE BY LANDLORD. It is mutually
agreed that in the event the Tenant shall default in the payment of
rent herein reserved, when due, and fails to cure said default, within
five (5) days after written notice thereof from Landlord; or if Tenant
shall be in default in performing any of the terms or provisions of
this Lease other than the provision requiring the payment of rent, and
fails to cure such default within thirty (30) days after the date of
receipt of written notice of default from Landlord; or if Tenant is
adjudicated bankrupt; or if a permanent receiver is appointed for
Tenant's property and such receiver is not removed within sixty (60)
days after written notice from Landlord to Tenant to obtain such
removal; or if, whether voluntarily or involuntarily, Tenant takes
advantage of any debtor relief proceedings under any present or future
law, whereby the rent or any part thereof is, or is proposed to be,
reduced or payment thereof deferred; or if Tenant makes an assignment
for benefit of creditors; or if Tenant's effects should be levied upon
or attached under process against Tenant, not satisfied or dissolved
within thirty (30) days after written notice from Landlord to Tenant
to obtain satisfaction thereof; or if Landlord should sell said
Municipal Parking Plaza then, and in any of said events, Landlord at
its option may at any time terminate this Lease by written notice to
Tenant; whereupon the Lease shall end; provided, however, that in the
event of such sale, Landlord shall give not less than 30 days notice
prior to such termination.
3
Notwithstanding anything to the contrary in this Lease,
Tenant shall not be prevented by this Lease from assigning any of its
assets as collateral for any loan from a financial institution or
insurance company, and such assignment shall not be considered a
default by Tenant.
9. SIGNS. Tenant shall place no signs upon the leased
Premises except with the written consent of the Landlord. Any and all
signs placed on the leased Premises by Tenant with the consent of
Landlord shall be maintained in compliance with rules and regulations
governing such signs and the Tenant shall be responsible to Landlord
for any damage caused by installation, use, or maintenance of said
signs, and Tenant agrees upon removal of said signs to repair all
damages incident to such removal.
10. EFFECT OF TERMINATION OF LEASE. No termination of this
Lease prior to the normal ending thereof, by lapse of time or
otherwise, shall affect Landlord's right to collect rent for the period
prior to termination thereof.
11. NO ESTATE IN LAND. This contract shall create the
relationship of Landlord and Tenant between the parties hereto; no
estate shall pass out of Landlord. Tenant has only a usufruct, not
subject to levy and sale, and not assignable by Tenant except by
Landlord's consent.
12. HOLDING OVER. If Tenant remains in possession of
Premises after expiration of the term hereof, with Landlord's
acquiescence and without any express agreement of parties, Tenant
shall be a tenant at will at the rental rate in effect at end of Lease;
and there shall be no renewal of this Lease by operation of law.
4
13. ATTORNEY'S FEES AND HOMESTEAD. If any rent owing under
this Lease is collected by or through an attorney at law, Tenant agrees
to pay fifteen percent (15%) of all sums due as attorney's fees.
Tenant waives all homestead rights and exemptions which he may have
under any law as against any obligation owing under this Lease.
14. RIGHTS CUMULATIVE. All rights, powers and privileges
conferred hereunder upon parties hereto shall be cumulative but not
restrictive to those given by law.
15.
SERVICE OF NOTICE.
Any notice, demand, request,
approval, consent, or other communication (hereinafter referred to as
"notice"), which Landlord or Tenant may be required to give to each
other shall be in writing and shall be mailed to an official United
States Post Office, certified or registered mail, return receipt
requested, with adequate postage prepaid, to the other party at the
address as each party has designated in this Lease or shall have
changed by proper notice in writing to the other. Such addresses are
as follows:
Landlord:
City Council of Augusta
8th Floor
Augusta-Richmond County Municipal Building
530 Greene Street
Augusta, Georgia 30911
Attention: Clerk of Council
Tenant:
Haltermann Partners, Inc.
753 Broad Street
Suite 504
Augusta, Georgia 30901
Attention: Mr. Bryan M. Haltermann
If notice is not an answer or reply to a previous notice from the
other party, the time of rendition of such shall be the date when the
5
receipt is signed, refused or returned unclaimed. If the notice is an
answer or reply to a previous notice from the other party, the time of
rendition of such shall be the date postmarked by the United States
Postal Service. In the event of a postal strike or other interference
with the regular delivery of mail, notices may be served in person or
by telegram in lieu of certified or registered mail, but shall be
effective upon receipt.
16. WAIVER OF RIGHTS. No failure of Landlord to exercise
any power given it hereunder, or to insist upon strict compliance by
Tenant with any of its obligations hereunder, and no custom or practice
of the Landlord at variance with the terms hereof shall constitute a
waiver of Landlord's right to demand exact compliance with the terms
hereof.
TIME OF ESSENCE.
Time is of the essence of this
17.
Agreement.
18. DEFINITIONS. II Landlord" as used in the Lease shall
include assigns and successors in title to the Premises. "Tenant"
shall include Haltermann Partners, Inc. and its legal representatives,
successors and assigns, and if this Lease shall be validly assigned or
sublet with the advance written consent of Landlord, shall include also
Tenant's assignees or sublessees, as to the Premises covered by such
assignment or subleasej provided, however, that nothing contained
herein shall be construed so as to relieve Tenant of any of its
obligations to Landlord hereunder in the event of any such sublease or
assignment.
19.
ENTIRE AGREEMENT.
This Lease contains the entire
agreement of the parties hereto and no representations, inducements,
6
promises or agreements, oral or other wise, between the parties, not
embodied herein, shall be of any force or effect.
IN WITNESS WHEREOF, the parties hereto have caused their
proper officers to execute these presents and affix their respective
seals hereto on the day and year first above written.
Signed, Sealed and De~l'vered )
on :~ Icfd day of ~~/LI}
199 , in the prese ce of: ) B
~/Hf 11/ /ljh4p*J i
'7Ja~ to ~ :
Notary ~ - bli.c, _ r.:.'d(h1,L~a} )
Co~nty, Georgia )
)
My~~om~t3~i0n Expires: )
Nota')' Public, C"'Ur:tlb19 CO""ty. Goo~gla )
My Commission Expires June 21, 1998
Signed, Sealed and Delivered ) HALTERMANN PARTNERS, INC.
on the day of , )
199 , in the presence of: )
) BY:
) As its: President
)
)
) ATTEST:
Notary Public, ) As its:
County, Georgia )
)
My Commission Expires: )
)
7