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Home My WebLink AboutLEASE AGREEMENT BETWEEN HOUSING AUTHORITY & ARC BARTON VILLAGE COMMUNITY STATE OF GEORGIA } 1 LEASE AGREEMENT COUNTY OF RICHMOND 1 THIS LEASE AGREEMENT is made and entered into thig day of a 2011, between the Housing Authority of the City of Augusta, ( "Lessor "), and Augusta Richmon County, ( "Lessee "). 1. PREMISES LEASED AND TERM. Lessor does hereby rent and lease to the Lessee that property located at 3653 Rome Way, Barton Village, Augusta, Richmond County, Georgia (the "Premises "). The Lessee shall have and hold the Premises for a term of one year from the date of this Agreement (the "Term "), unless sooner terminated as hereinafter provided. 2. RENTAL. Lessee shall pay Lessor the sum of $10.00 representing the advance payment of rent due under this agreement. 3. USE OF PREMISES. The Premises shall be used as Administrative Offices and a Community Center and for no other purpose. The Premises shall not be used for any illegal purposes, nor in violation of any valid regulation of any governmental body, nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on the Premises. Lessee agrees to abide by any and all Rules and Regulations set forth by Lessor as the Lessor may reasonably set forth during the Term of this Lease. 4. LIABILITY FOR DAMAGES. Except with respect to the negligence or the willful and wanton acts of Lessor, Lessee hereby releases Lessor from any and all liability for damages suffered upon the Premises and Lessee shall be solely liable for all damages of any kind sustained by Lessee, its agents, servants, employees, invitees and licensees arising on, from or relating to the Premises or as a result of the Lessee's use thereof. All property kept, stored or maintained within the Premises by Lessee shall be at Lessee's sole risk. 5. REPAIRS AND MAINTENANCE. Lessee accepts the Premises in its present condition with the Premises being leased "as is" and "where is." Lessor shall perform all repairs to and maintenance of the Premises, as it deems necessary. Lessee covenants and agrees that it will not make any alterations, improvements or additions to the Premises during the term of this Lease or any extension thereof without first obtaining the written consent of the Lessor. Lessee shall be responsible for all damage caused to the Premises beyond normal wear and tear. 6. ASSIGNMENT OR SUBLETTING. Lessee may not assign this lease or any interest thereunder or sub -let the Premises or any part thereof, or permit the use of the Premises by any other entity without prior written approval of the Lessor. 7. DESTRUCTION OF OR DAMAGE TO PREMISES. If the Premises are totally destroyed (or so substantially damaged as to be unusable) by storm, fire, earthquake, or other casualty, this lease shall terminate as of the date of such destruction or damage. Lessor shall have no obligation to rebuild or replace the Premises. 8. REMOVAL OF FIXTURES. Lessee may, prior to the expiration of this lease or any renewal thereof, remove all portable fixtures and equipment which Lessee has placed in the Premises, provided Lessee restores the Premises to its original condition. 9. UTILITY BILLS. Lessor shall pay all bills for gas, electricity, fuel, water, light, heat, or power for the Premises. 10. INSURANCE. Lessee shall insure the contents of the Premises at its own expense. Lessee shall also procure liability coverage it deems necessary at its own expense. Lessee shall require any Sublessee of the Premises, during the term of this Lease and any extension thereof, at Sublessee's expense, to maintain in full force and effect comprehensive general liability insurance with limits of Five Hundred Thousand and No /100 U.S. Dollars ($500,000.00) per person and One Million and No /100 U.S. Dollars ($1,000,000.00) per incident, and property damage limits of One Million and No /100 U.S. Dollars ($1,000,000.00), which insurance shall contain a special endorsement recognizing and insuring any liability accruing to Sublessee, and naming Lessor as an additional insured. Lessee shall provide evidence of such insurance to Lessor prior to the Sublessee's occupancy of the Premises. 11. INDEMNIFICATION. Except with respect to the negligence or the willful and wanton acts of Lessor, its agents and employees, Lessee agrees to and hereby does indemnify and save Lessor harmless against all claims for damages to persons or property by reason of Lessee's use or occupancy of the Premises, and all expenses incurred by Lessor because thereof, including attorney's fees and court costs. 12. RENEWAL. The term of this agreement shall be automatically renewed for one (1) year upon the expiration of the initial term or any renewal term, unless sooner terminated as hereinafter provided. 13. TERMINATION. The agreement may be terminated at any time by either party for its convenience with or without cause upon 60 -days written notice. 14. ENTIRE AGREEMENT. This Lease 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 of effect. No failure of Lessor to exercise any power given Lessor hereunder, or to insist upon strict compliance by Lessee of any obligation hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the terms hereof. 15. EXTERIOR SIGNS. Lessee may not place or paint any signs upon the Premises or the walls or roof of the Premises without the prior written consent of Lessor. 16. NO ESTATE IN LAND. This contract shall create the relationship of Lessor and Lessee between Lessor and Lessee and no estate shall pass out of Lessor. Lessee has only a usufruct, not subject to levy and sale, and not assignable by Lessee except by Lessor's consent under the terms set forth herein. 17. RIGHTS CUMULATIVE. All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative but not restrictive to those given by law. 18. SURRENDER OF PREMISES. At the termination of this lease, Lessee shall surrender Premises and keys thereof to Lessor in the same condition as at commencement of the term, natural wear and tear excepted. 19. NOTICES. All notices required under this lease shall be deemed given three days after the same shall be mailed certified, return receipt required to the other party at the following address: To Lessee: Deke Copenhaver, Mayor Augusta Richmond County Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 To Lessor: Jacob L. Oglesby, Executive Director Augusta Housing Authority, 1435 Walton Way Augusta, Georgia 30901 20. DUPLICATE ORIGINALS. This lease may be executed in duplicate, each of which will be deemed a duplicate original. 21. HEADINGS. The headings used in this lease agreement are for convenience or reference only and in no way shall be used to construe or modify the provisions set forth herein. M IN WITNESS WHEREOF the parties have executed these presents the day and year first above written. Sworn to and su c ,bef& me this //,t day of ' Cd , 2011. 0 �/ C.Q.......,--- (Es) / ' l/ n o ficial ,# • ss %. s8 O d »-10 Deke Copenh ver 2 fll' f Augusta Richmond County (Lessee) ` ^ As its Mayor ia„ ;_ 4_1 Noy . .e lye State of : „� `,/ - - , County of a ,,,,ha) ovk IF (47 misfoc, r res: ' - n d % /rf A • ,.. !� � "' S _1 Wilt. 0 4 i■ *Sul tor4Ci ' & 4co. 1, Sworn to and subscribed before me this day of , 209-2. / i I , r - b �,. .��i� /I , L.S. Uno ficial Witness / Ja 1 gles. / (Lessor) Housi i Aut ority I; the City of Augusta As its j xecutive Dir ctor � : o . r! " L Notary Public of the State of , County of Z- Notary Public Rk hmond County, Georghe My Commission Expires: My Commission Expires May 7, 2013 (Notary Seal)