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Home My WebLink AboutLEASE RENEWAL WITH UNITARIAN UNIVERSALIST CHURCH FOR PROPERTY NEAR FIRE STATION 9 STATE OF GEORGIA ) RICHMOND COUNTY ) LEASE AGREEMENT FOR 35 WALTON WAY EXTENSION (FIRE STATION NO. 9) Augusta- Richmond County This Lease Agreement ( "Agreement "), effective as of the date of last signature hereto, is made and entered into by and between the Unitarian Universalist Church of Augusta ( "Lessor "), and Augusta, Georgia, a political subdivision of the State of Georgia, acting by and through the Augusta /Richmond County Commission ( "Lessee "). Lessor and Lessee may also be referred to individually as a "Parry" and jointly as the "Parties." Whereas, Lessee desires to lease from Lessor that portion of Lessor's property described herein as the Demised Premises. Whereas, Lessee is willing to lease the Demised Premises in exchange for the monetary and other consideration consisting of Lessee's obligations under this Agreement. Now, therefore, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each Party acknowledges, and intending to be legally bound, Lessor and Lessee agree as follows: 1. Lessor hereby leases to Lessee for a term beginning on January 1, 2011 and lasting through and including December 31, 2013, the following described property ( "Demised Premises "), to -wit: All that lot or strip of land, lying and being on the East side of Walton Way Extension in Richmond County, Georgia, consisting of 0.16 acre, and being shown and designated as Tract "B" on a plat designated "Walton Way Fire Station ", dated May, 1982, prepared by Charles T. Alexander, Registered Surveyor, said plat attached hereto and incorporated herein. Reference being made to said plat for a more accurate and complete description as to the metes, bounds, courses, distances and location of said property. 2. The Lessee agrees to pay the Lessor a rent for the Demised Premises in the sum of Three Thousand, Six Hundred Dollars ($3,600.00), payable in increments of One Thousand Dollars, Two Hundred Dollars ($1,200) for each calendar year of this Agreement, each such incremental rental payment being due and payable in full as of January 31st of each calendar year. 3. The Lessee shall have the right to, at its expense, pave the Demised Premises and, except as otherwise provided elsewhere within this Agreement, shall have the right to use the Demised Premises for the purpose of parking vehicles of Lessee and vehicles of Lessee's employees. 4. The Lessee agrees that all pavement on the Demised Premises shall be done in such a manner as not to interfere with the access of Lessor to the Demised Premises and to the remaining property of Lessor. Lessor shall have the right of free access to the Demised Premises. 5. No improvements other than pavement shall be construed or erected by Lessee upon the Demised Premises without the written consent of Lessor. 6. In the event that Lessor should abandon, sell or cease to use as a fire station its property that is located adjacent to the Demised Premises then, any successor or assign to Lessee's interests shall be subject to this Agreement. In the event that Lessee should abandon, sell or cease to use as a Church its property that is located adjacent to the Demised Premises then, any successor or assign to Lessee's interests shall be subject to this Agreement. 7. Lessee agrees that Lessor and its members have priority without notice to park upon the Demised Premises during each Sunday between the hours of 8:oo a.m. and 2:00 p.m.; and, Lessor further has priority to park automobiles upon the Demised Premises at such other times and dates as Lessor or any one of its members or agents gives notice to any employee at the Richmond County Fire Station located adjacent to this Demised Premises, and provided that said notice is no less than twenty-four (24) hours in advance. The mailing by Lessor to Lessee of Lessor's monthly Church Bulletin containing Lessor's monthly schedule shall satisfy this notice requirement. 8. Lessee shall, at its expense: (i) maintain the painted angular parking lines, which lie on the Demised Premises adjacent to Lessor's remaining property, in good order and repair; (ii) maintain, in good order and repair, each of the existing signs posted near these parking spaces which notify the availability of the parking spaces for use by Lessor's members and guests; (iii) ensure that neither these parking spaces nor the two means of access between the Demised Premises and Lessor's remaining property are in any manner obstructed; and (iv) be responsible for maintenance and repair of the Demised Premises. 9. Lessee may, upon the provision of written notice delivered to Lessor by June 30th of a calendar year, terminate this Agreement, without penalty and with no further rental payments due, beginning January ist of the immediately following calendar year. Lessee's termination hereunder shall in no manner affect rental payments Lessee has made, or was obligated by the terms of this Agreement to have made, prior to the date of such termination notice. The Parties acknowledge and agree that Lessee's limited right hereunder to terminate this Agreement is to ensure that Lessee is not penalized in the event it abandons, sells or ceases to use the fire station or Demised Premises; such limited termination right shall not exist or extend to Lessee actions to condemn the Demised Premises under eminent domain authority or otherwise. A Lessee termination will be deemed to have been for the purpose of condemnation in the event Lessee exercises its termination rights hereunder and then pursues such a condemnation on any date prior to January 1, 2014. 10. During the term of this Agreement, Lessor shall possess a Right of First Refusal to all of Lessee's property used as a fire station at Walton Way Extension and Lessee shall possess a Right of First Refusal to all of Lessor's property used as a Church at Walton Way Extension. Such Right shall exist as follows: a. Should the decision - making bodies of Lessor (a majority vote of a quorum of its membership) or Lessee (six (6) affirmative votes when a quorum is present of the Augusta /Richmond County Commission), respectfully, vote to accept an offer for the sale or transfer of their interests in the property subject to this Right then, notice of the sale or transfer, together with the purchase price and the substantive terms of sale, shall be promptly communicated in writing to the other Party, delivered certified U.S. mail, return receipt requested. b. The Party receiving the notice shall have thirty (3o) days from the date of its receipt of the notice to communicate its irrevocable decision to purchase the disclosing Party's property for the same price and substantive terms as the offer the disclosing Party has voted to accept. Should the receiving Party respond that it will not purchase the disclosing Party's property or fail to respond within the prescribed time limit, the disclosing Party shall be free to sell or transfer its property consistent with its decision and without encumbrance from, or further obligation of any kind to, the other Party. 11. Absent an earlier termination accomplished pursuant to Lessee's above limited termination rights, representatives of Lessor and Lessee shall meet before or during the third quarter of calendar year 2013 for the purpose of negotiating a follow -on lease agreement. IN WITNESS WHEREOF, the parties hereto have caused the execution of these presents by their duly authorized officers. Lessor Unitarian niversalist Church of Augusta Lessee: Augusta, Georgia L 1 / W'. B Y ,, 3 G+l �� By: � Jamo J Bentley, President Date ,4 C Deke Copenhave Date SIGNED, SEALED AND DELIVERED Tww Z d ® in the presence of: Attest: ®'� 1, doll By �l // .�i`�/x ® /i �. +0 Le) . J Bo tl o , .iok► : A • Notary Public, State of Georgia o •. «•..•••`••. i� t . ' ® Es 8 My Commission Expires: i 01 A Pi °I, � ®, _ "� s ° ® 1996 ®. °® v v v Y 1 6 %0 _ . e. ,; ,i) - � ik ......N• � '4 ' 0 ND du .0,;,i)