HomeMy WebLinkAboutAUGUSTA RUGBY CLUB INC •
STATE OF GEORGIA
RICHMOND COUNTY
LEASE
THIS LEASE AGREEMENT, made and entered into, this /? day of ij /1- /1 , by
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, ' ereinafter called
"Lessor," and the AUGUSTA RUGBY CLUB, INC., a non - profit association under the laws of
Georgia, hereinafter called "Lessee."
WITNESSETH
WHEREAS, Lessor is the owner of real property more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference, which is located on Wood Street in
Augusta, Richmond County, Georgia; and
WHEREAS, Lessor wishes to lease to Lessee, and Lessee desires to lease from Lessor,
said property; and
WHEREAS, Lessee wishes to provide recreational rugby on 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. Lessee shall have the option to renew the lease for two
additional ten (10) year terms.
This Lease shall create a usufruct only and not an estate for years.
3. Rental. During the term of this Agreement, Lessee agrees to pay Lessor the rental
sum of Ten Dollars ($10) for the entire initial term hereof, having been paid in advance, upon
the execution and delivery of this Lease Agreement. Lessor hereby acknowledges receipt of such
rental payment.
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 providing a place for recreational rugby practice and competition.
6. Repairs and Maintenance. Lessee shall maintain the exterior surfaces of any buildings
on 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.
The Lessee shall keep the Premises neat, clean, free of trash and in good and well maintained
condition with an attractive appearance.
7. Changes, Additions, Alterations, Modifications, Improvements. Lessee shall not
without prior written consent of 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 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
Lessor for approval before said alterations, changes or additions are begun. Lessor shall not
unreasonably withhold its approval of said plans.
8. Title to Changes, 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 by 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. Any deficiencies
noted during the inspection shall be corrected in thirty (30) days.
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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 Premises
and any franchise fees or other taxes which may be imposed or assessed against Lessee or its
leasehold interest.
11. Rules and Regulations. 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, and the rules and regulations of the Augusta- Richmond County Commission. 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.
In the operation of the facilities, it is the intent of the parties that Lessee shall
be covered under the Volunteer Protection Act of 1997, 42 U.S.C. §14501, et seq.
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.
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 itself and /or any individuals employed or retained by it in connection with any changes,
additions, alterations, modifications and /or 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.
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
3
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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.
13. Assignments. 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. In the event that Lessee should fail to observe any of its covenants
and obligations as herein expressed or should Lessee abandon the Premises or cease to
use the Leased Premises for rugby as herein provided, then upon the happening of such
event, Lessor shall give Lessee thirty (30) days' notice to comply with the provisions of
this Lease Agreement, or if the conditions cannot be remedied with said thirty (30) day
period to commence the remedy within said thirty (30) day period and diligently pursue it to
completion; and should Lessee fail to do so, Lessor shall have the option to declare this
Lease Agreement terminated and at once take possession of the Leased Premises.
The rights and options given to Lessor under this Paragraph 14 shall not be
construed to in lieu of, nor restrictive of, any other rights which Lessor may have under the law
for the enforcement of this Lease Agreement.
The failure of Lessor to avail itself of any remedy which it may have hereunder
shall at no time be construed to a waiver of Lessor's rights.
15. Quiet Enjoyment, Ingress and Egress. Lessor covenants and warrants that Lessee,
so long as it shall perform the duties and obligations herein agreed to be performed by it,
shall peaceably and quietly have, hold and occupy and shall have the exclusive use and
enjoyment of the Leased Premises during the term of this Lease Agreement and any
extensions thereof
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."
4
D Miscellaneous.
17.1 Notices. All notices, demands, and requests which may or 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:
Augusta Rugby Club, Inc.
P. 0. Box 12273
Augusta, Ga. 30919
If intended for Lessor:
AUGUSTA- RICHMOND COUNTY COMMISSION
C/O COUNTY ADMINISTRATOR
EIGHTH FLOOR, MUNICIPAL BUILDING
AUGUSTA, GA 30901.
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 harmless or have
Lessor named as an additional insured, the term 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.
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.
173 Governing Law. This Agreement shall be governed and interpreted by
the laws of the state of Georgia.
174 Venue. All claims, disputes and other matters in question between all
parties arising out of or relating to this agreement, or the breach thereof, shall be decided in the
1 Irnnrinr ( of 0 r.l�mn,- ra (r nicr�4cr (`_cnrrri A11 -n. r +ice. 1-.c> c'cn, o A (r,-.cm .r,1-
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specifically consent to venue and jurisdiction in the Richmond County and waive any right to
contest venue in the Superior Court of Richmond County, 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 tetins hereof.
IN SS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
AUGUSTA GEORGIA, by and through the
Augusta- Richmond County Commission
Ai By: Mayor
r&I AtteigrZ, W.
.
b Cler ' ',1.071, A
AUGUSTA RUGBY
By:
As its President
B Q ui 1 ,c2
As its Secretary
6
EJCHIBIT ",A"
. ,
-,
Augusta_Richrnond County
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STREET PARK — 4.95 ACRES
200 WOOD STREET
AUGUSTA, GEORGIA
Attachment -1
Lessee Information:
Augusta Rugby Club
Brian Kaufman, President
P.O. Box 12273
Augusta, GA 30919