HomeMy WebLinkAboutLEASE OF CITY PROPERTY TO GA DEPT OF NAT RESOURCES FOR GO FISH GA TOURNAMENT BOAT RAMP AND PROJECT When recorded, return to:
GA DNR Real Estate Office
2 MLK, Jr. Drive, SE, Suite 1454 East
Atlanta, Georgia 30334 - 9000
STATE OF GEORGIA
COUNTY OF FULTON
LEASE
TO DEPARTMENT OF NATURAL RESOURCES
FOR BOAT RAMP CONSTRUCTION
THIS INDENTURE, entitled "Lease To Department of Natural Resources For Boat Ramp
Construction ", (hereinafter "Lease "), is made and entered into this day of oe
2008, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
(hereinafter referred to as "LESSOR "), whose address is Room 801, 530 Greene Street, Augusta,
Georgia 30911, Attention: Administrator, and the DEPARTMENT OF NATURAL RESOURCES
(hereinafter referred to as "LESSEE" or "DEPARTMENT "), acting for the State of Georgia, whose
address for the purpose of this Lease is Suite 1252, Floyd Towers East, 2 Martin Luther King, Jr.
Drive, S. E., Atlanta, Georgia 30334 -9000.
WITNESSETH:
WHEREAS, there is a demonstrated interest and need for access to rivers, streams and
impoundments within the State of Georgia for water related recreational purposes; and
WHEREAS, in connection with providing access to the Savannah River via a boat
launching ramp as well as providing an area for use by the general public, LESSEE desires to
lease a portion of LESSOR'S property to construct, operate and maintain the improvements
described on Exhibit "C "; and
WHEREAS, under O.C.G.A. §§ 12 -3 -5 (c) and (e), LESSEE is authorized to lease land
for such purposes; and
WHEREAS, this lease is subject to approval by the Board of the Department of Natural
Resources, the State Properties Commission and Augusta, Georgia Board of Commissioners;
and
WHEREAS, LESSOR desires to cooperate with the DEPARTMENT in its efforts to
provide recreational opportunities for the people of Georgia by granting to the DEPARTMENT a
Lease on a parcel of LESSOR'S property for the above - stated purposes.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and of the mutual
benefits flowing between the parties hereto, whose receipt and sufficiency are hereby
acknowledged, LESSOR and LESSEE covenant and agree as follows:
1.
PREMISES
LESSOR hereby grants, demises and leases to LESSOR the premises described on
EXHIBIT "A" and shown on plat of survey marked EXHIBIT "B" (hereinafter referred to as the
"premises "), which are attached hereto and incorporated herein by reference.
2.
TERM
The leasehold shall have a term commencing at 6:00 P.M. local prevailing time in
Richmond County, Georgia, on the date first above written and expiring at 12:00 P.M. midnight,
local prevailing time in Richmond County, Georgia, on the twenty -fifth (25th) anniversary date of
the date first above written.
3.
RENT
LESSEE shall pay no rent or further consideration beyond the initial consideration, whose
receipt and sufficiency are acknowledged by LESSOR.
4.
COVENANT OF QUIET ENJOYMENT
LESSOR promises and warrants that LESSEE may peaceably hold and enjoy the
premises during the full term of the leasehold herein granted. The use of the premises by
LESSEE shall not endanger health or create a nuisance, and LESSEE shall take all reasonable
precautions to assure that construction, use, operation and maintenance of the premises and
structure or facilities on the premises will be such that the scenic, recreational and environmental
values of the project will be protected. LESSEE's use of the waters adjoining the project shall be
nonexclusive.
5.
CARE OF THE PREMISES
LESSEE accepts the premises in their present condition as suited for the use intended by
LESSEE. LESSEE, only to the extent that it maintains similar facilities throughout the State of
Georgia, shall maintain that portion of the premises identified on EXHIBIT "A" in good order and
repair for the term of the leasehold herein granted. LESSOR shall not be required to make any
repairs or improvements to premises, except as otherwise provided in the Intergovernmental
Agreement entered into by and between the parties dated •cw -- - , 2008 and hereinafter
referred to as the "IGA."
6.
IMPROVEMENTS
LESSEE shall cause the improvements described in the IGA to be constructed on the
premises. LESSEE, subject to LESSOR'S consent, or LESSOR, subject to the terms of the IGA,
may further improve the premises with removable buildings, additional boat ramps and other
structures and may construct roads and trails. Any improvements other than parking areas, boat
ramps, roads and trails placed upon the premises by LESSEE shall be and remain personal
property of LESSEE, and LESSEE may remove any of its improvements and other property from
the premises anytime during the term of the leasehold and, if the leasehold shall be terminated
prior to its natural expiration, for a reasonable time following such termination. LESSEE shall
have reasonable access to the premises for the purpose of any such removal following early
termination.
7.
DEFAULT BY LESSEE
Before LESSOR may assert any remedy for the alleged breach or default in any term of
this Lease, LESSOR shall give LESSEE specific, written notice of the alleged default or breach.
Upon such written notice of default, LESSEE shall have sixty (60) days within which to cure the
alleged breach or default or to dispute LESSOR's assertion of breach or default.
8.
LESSOR'S AND LESSEE'S LIABILITY FOR LOSS
Nothing in this lease is intended to diminish any protection afforded either the LESSOR
or the LESSEE by the provision of the Georgia Recreational Properties Act (OCGA 51 -3 -20
through 51- 3 -26). LESSEE's liability in tort is further governed by the Georgia Tort Claims Act,
OCGA Title 50, Chapter 21, Article 2, as now existing or hereafter amended or repealed. No
subrogation against LESSEE shall be permitted by any insurance otherwise obtained by
LESSOR.
9.
TERMINATION BY LESSOR
LESSOR may terminate this Lease upon the occurrence of the following:
The LESSEE allowing use of the property to create a condition constituting a public nuisance or a
hazard to the safety and health of the public. Should LESSOR believe that LESSEE has allowed
the property to be used in such a way as to create a condition constituting a public nuisance or
hazard to the safety and health of the public, LESSOR shall give notice to LESSEE of LESSOR's
determination, which notice shall contain the facts upon which LESSOR has relied in reaching its
determination. LESSEE shall have sixty (60) days, or such reasonable additional time as the
parties may agree upon, after the date of actual receipt of the notice in which to challenge
LESSOR "S determination or to correct the condition of which it was apprised in LESSOR's notice.
10.
ASSIGNMENT
LESSEE may not assign any right, title or interest it has under this Lease without consent
to LESSOR except to an officer or agency, department, instrumentality or public corporation of
the State of Georgia for public purposes.
11.
TIME OF ESSENCE
Time is of the essence in this Lease.
12.
TAXES
LESSOR acknowledges that the execution of this Lease does not alter any tax exempt
status upon LESSOR or LESSOR'S reversionary interest in the premises during the term of the
leasehold.
13.
NOTICES
Any notice, statement, request, or authorization (hereinafter simply referred to as
"notice ") given, or required to be given, hereunder by either party to or from the other shall be in
writing and shall be sent by United States Certified Mail, postage prepaid, marked "show to
whom, date & address of delivery", to the party to be notified at such party's address as
hereinabove set forth. The day upon which any such notice is so mailed shall be the date of
service. Each party may from time to time, by notice to the other, designate a different address to
which notices hereunder shall be sent. Any notice reasonably calculated to apprise the party so
notified of the circumstances involved shall be deemed sufficient under this Lease.
14.
CONTINUITY
Each provision of this Agreement shall apply to, be binding upon, enforceable against
and inure to the benefit or detriment of all the parties hereto and to their respective successors
and assigns. Whenever a reference to a part hereto is made, such reference shall be deemed to
include the successors and assigns of said party, the same as if in each case expressed.
15.
NO WAIVER
No failure of any party hereto to exercise any power given such party hereunder or to
insist upon strict compliance by the other to their obligations hereunder, and no custom or
practice of any of the parties hereto in variance with the provisions hereof, shall constitute a
waiver of any party's right to demand exact compliance with provisions hereof.
16.
CUMULATIVE, NOT RESTRICTIVE
All rights, powers and privileges conferred in this Agreement upon all of the parties hereto
shall be cumulative of, but not restrictive to, those given by law.
17.
CAPTIONS
The caption of each numbered provision hereof is for the purpose of identification and
convenience only and shall be completely disregarded in construing this Agreement.
18.
INTERPRETATION
Should any provision of this Agreement require judicial interpretation, it is agreed that the
Court interpreting or construing the same shall not apply a presumption that the provisions hereof
shall be more strictly construed against one party by reason of the rule of construction that an
instrument is to be construed more strictly against the party who herself, himself, or itself, or
through her, his, or its agent, prepared the same, it being agreed that the agents and counsel of
all parties hereto have participated in the preparation hereof.
19.
ENTIRE AGREEMENT
This Agreement supersedes all prior discussions and agreements between the parties
with respect to the matters provided for herein and constitutes the full, sole, complete and entire
agreement among them with respect hereto. No agent, employee, officer or representative of or
attorney for either party has authority to make, or has made, any statement, agreement,
representation or contemporaneous agreement, oral or written, in connection herewith modifying,
amending, adding to, or changing the provisions of this Lease. No modification, amendment or
change of, to or in this Agreement shall be binding on either party unless such modification,
amendment or change shall be in writing, executed by both parties and by reference incorporated
in and made a part of this Lease.
20.
LEASE EFFECTIVE
This Agreement shall become effective as of the date first above written.
IN WITNESS WHEREOF, all the parties hereto have caused this Agreement to be
executed in their names as of the date hereof.
Signe. sealed LESSOR: AUGUSTA, GEORGIA
as to --S ( ii' he p - - • - of :
Y / /. / _ BY:
f ess
Name: fig . { <.4,
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Attest �
taA 411 Name "� / III:;>�"
Title: Clerk of Commision
Notary; blic,'S ate •r Georgia .�� T � bi �i
Date 0 0 arized: Zo ��j c.. 4, Q ''k .,,
My ommission Expire / '�C;,• N ••'���� �
(NOTARY PUBLIC SEAL) / ®TAj, i ‘ � ,*
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Signed and -_ -• LESSEE: DEPARTMENT OF NATURAL RESOURCES
as to LESS' 4 presence of:
fitness � / n `e C dr
Commissioner
Notary Public, State f G ojgia
Date Notarized: '1 30 0 `1
My Commission Ex ires:
(NOTARY PUBLIC SEAL)
TANISHA THOMAS.
4::• Notary Public. Georgia
* ?N1^a�; *% Dekalb County
°""":. My Commission Expires
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LEGAL DESCRIPTION
All of that certain piece, parcel or lot of land, situate, lying, and being in the City of
Augusta, in the County of Augusta - Richmond, in the State of Georgia, being the property
of the City of Augusta, also known as a portion of Tax Parcel No. 160 -0- 002 -00 -0 and
159 -0- 002 -00 -0 and having the following metes and bounds to wit:
Beginning at a #5 rebar with state plan coordinates of N:1225297.8519 and
E;722778.9224 found on the eastern right -of -way of Lock & Dam Road, being 951.56
feet from the northwestern corner of TPN: 160 -0- 002 -01 -0 on a bearing of 50706'27 "E,
with the state plan coordinates of N:1225297.8519 and E:722778.9224; said point being
the Point of Beginning of the aforementioned tract and running thence along the
following metes and bounds: N8253'33 "E for a distance of 393.15 feet to a #5 rebar on
the mark of said river 50012' 13 "E for a distance of 79.07 feet to a point, 52049' 15 "E for
a distance of 246.11 feet to a point, thence 52939'43 "E for a distance of 41.68 feet to a
point, thence 51656'50 "E for a distance of 45.09 feet to a point, thence 53301' 17 "E for a
distance of 51.43 feet to a point, thence 52642' 13 "E for a distance of 40.37 feet to a
point, thence 54455'48 "W for a distance of 31.26 feet to a #5 rebar, thence leaving said
hish water mark of he Savannah River N8013'27 "W for a distance of 601.46 feet to a #5
rebar, thence along the eastern edge of a dirt road N1256'24 "E for a distance of 55.14
feet to a #5 rebar, thence N1826'24 "E for a distance of 60.28 feet to a #5 rebar, then
N1619' 18 "E for a distance of 63.32 feet to a #5 rebar, thence N1401'03 "E for a distance
of 48.98 feet to a #5 rebar, thence N1346'06 "E for a distance of 73.84 feet to a #5 rebar,
thence N0706'27 "W for a distance of 143.43 feet to a #5 rebar, said Point of Beginning
of the subject property, containing 231,014 Sq. Ft /5.30 Ac.
EXHIBIT 13"