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Home My WebLink AboutAGREEMENT ENTERED INTO AS OF THE 22ND DAY OF FEBRUARY, 2012 AMONG AUGUSTA GEORGIA LAND BANK AUTHORITY FIRST STATE OF GEORGIA ) COUNTY OF RICHMOND ) THIS AGREEMENT, made and entered into as of the �� of February, 2012, among AUGUSTA, GEORGIA LAND BANK AUTHORITY, First Party (hereinafter called "Lessor"); and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, Second Party (hereinafter called "Lessee"). WITNESSETH: (1) Lessor does hereby rent and lease to the Lessee the property described on Exhibit "A" hereto attached and by reference made a part hereof, being located in Augusta, , Georgia (the "Premises"). (2) This Lease shall be for a term of commencing on the date of this lease and ending five (5) days after Lessee has relocated its Transit Maintenance facility from the Premises. (3) Lessee shall pay to Lessor a rental of Zero and 00/100 ($0.00) Dollars per month. In addition, at the time of the execution of this Lease, Lessee sha11 deliver to Lessor a security deposit of Zero ($0.00) Dollars. (4) Any and a11 notices required to be given under the terms of this Lease, including the notice of cancellation, shall be given in writing by certified mail, return receipt requested and mailed, If to Lessor: Augusta, Georgia Land Bank Authority Attention: Norman Michaels 925 Laney Walker Blvd Third Floor Augusta., Georgia 30901 If to Lessee: Augusta, Georgia Attention: Administrator 530 Greene Street Room 530 Augusta, Georgia 30901 With a copy to: General Counsel 522 Greene Street Augusta, Georgia 30901 Or at such other address as the parties may designate in writing. (5) Premises sha11 be used for the purpose of operating a transit maintenance facility and related activities. Premises sha11 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 premises. Lessee may not store or otherwise dispose of any hazardous materials on the Premises. (6) Lessee accepts premises, including the parking surfaces, "AS IS" and in their present condition and Lessee further represents that the premises in their "AS IS" condition are suited for the use intended by Lessee. Lessor shall not be required to make any repairs or improvements to premises. Lessee shall keep in good order the heating, water, sewer, electrical and sprinkler systems, and sha.11 protect said systems against freezing or damage to systems due to neglect of Lessee. To the extent allowed by law, Lessee sha11 be liable for and shall hold Lessor harmless in respect of: damage or injury to Lessor, premises, and property or persons of Lessor, or anyone else, if due to the act or neglect of Lessee, or any one in its control or employ. (7) Lessor may enter the premises at reasonable hours: to exhibit same to prospective purchasers or tenants and allow potential purchasers to examine and otherwise test the premises so long as such examinations and/or tests do not interfere with the Lessee's use of the premises; and to inspect premises to see that Lessee is complying with a11 its obligations hereunder. . • � , (8) Lessee may not, without the prior written consent of Lessor endorsed hereon: assign this Lease or any interest thereunder, or sub-let premises or any part thereof, without the prior written consent of Lessee. (9) Lessee may (if not in default hereunder) prior to the expiration of this Lease or any renewal thereof, remove all fixtures and equipment which it has placed in premises, provided Lessee restores premises to their condition at the installation thereof. (10) 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 or 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. (11) Time is the essence of this agreement. (12) Lessee's rights shall be subject to any bona fide mortgage or deed to secure debt, which is now or may hereafter be placed upon the premises by Lessor. (13) Lessee waives any rights to claim a lien against any property owned by the Lessor. (14) This contract shall create the relationship of landlord and tenant between Lessor and Lessee; 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. (15) All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative but not restrictive to those given by law. (16) At termination of this Lease, Lessee sha11 surrender premises to Lessor in the same condition as at commencement of term, natural wear and tear only excepted. (17) Lessee sha11 pay any applicable taxes on the premises or personal property installed on said premises. (18) Lessee shall either self-insure or obtain and shall pay for liability insurance coverage in an amount not less than One Million Dollars ($1,000,000.00) on said premises and both parties shall be named as an insured. (19) "Lessor" as used in this Lease sha11 include First Party, its representatives, assigns, and successors in title to premises; "Lessee", if this Lease shall be validly assigned or sub-let, shall include its successors and representatives, and shall include also Lessee's assignees and sub-lessees. "Lessor" and "Lessee" sha11 include male and female, singular and plural, corporation, partnership or individual, as may fit the particular parties. IN WITNESS WHEREOF, the parties have executed these presents in duplicate the day and year first above written. AUGUSTA, GEORGIA LAND BANK AUTHORITY BY: C�� (L.S.) ITS: Chair Its: Secretary SIGNED, SEALED AND DELIVERED in the presence of: ````�� j� P�� ^ N�H _t � q �✓� •"ry �� / � : �1' �� `�o�� i � � � • �� s Ze�� : � p YlBI.�G � �� Notary ic, State of orgia %�� O�'� . . ��i� COUIJ�� AUGUSTA, GEORGIA � `� BY: __---� `� (L.S.) ITS: Mayor Attest: Its Clerk of mmission SIGNED, SEALED AND DELIVERED in the presence of: e �� i �.` �% � �� . �� . T � Notary i�, tat�.e� or�qia � �in' �UB�� o , i s �i , ��G,l j � ~ �::3'.•'• 8 �'' �'� :.� 1�� `�p��° __ EXHIBIT A All that lot or parcel of land, with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia located on the East side of Chafee Avenue, whereupon it fronts a distance of 65 feet more or less, and extends back a distance of 76 feet, more or less, on its Southern line and a distance of 99 feet, more or less, on its Northern line. Said property is bounded as follows: On the North by Wall Street; on the East by Spring Branch Church; on the South by a twenty-five (25) foot driveway conveyed by R. J. Maxwell to Augusta Coach Company; and on the West by Chaffee Avenue. Map & Parcel No. 036-3-188-00-0 (602 Chafee Avenue) Also, all that tract or parcel of land situate, lying and being in the City of Augusta, Richmond County, Georgia fronting a distance of 56.94 feet on Chafee Avenue and being more particularly described upon a plat prepared for the City Council of Augusta by the Department of Public Works Engineering Department dated October l, 1990, and specifically incorporated herein by reference for a more particular description of the location, metes, bounds, courses and distance of said property. The hereinabove described property is the same property conveyed by W.J.H. Jones to Lillie Jones and recorded in the Office of the Superior Court of Richmond County, Georgia in Realty Book 24-A at page 477-478. The above described deed being specifically incorporated herein by reference for a more particular description of the location, metes, bounds, courses and distances of said property. Map & Parcel No. 036-3-190-00-0 (608 Chafee Avenue) Also, all that parcel or tract of land, located in between Wall Street, Chafee Avenue and Fenwick Street in the City of Augusta, Richmond County, Georgia containing Two and 3/10 (2.3) acres, more or less, known as Paxcels 191, 192, 196, 210 and 211 (now parcels 191, 192 and 210), as the same appears on Richmond County Tax Map 36-3, and more fully described by reference to a plat thereof, recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 46, page 2205. This being the same property conveyed by The Augusta Coach Company to The City Council of Augusta by Warranty Deed dated November 21, 1973 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 46, page 2203. (Tax Map 036-3-191-00-0, 036-3-192-00-0 and 036-3-210-00-0) . � . Also, all that lot or parcel of land, together with all improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia and fronting a distance of 40 feet, more or less, on the East side of Chafee Avenue, between Wall Street and Fenwick Street, and extending back on its Southern boundary line a distance of 152 feet, more or less, and on its Northern line a distance of 174 feet, more or less, and being known and designated as Lot 163, as shown on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed Book 3-Z, page 602, to which plat reference is hereby made for more accurate description as to the metes, bounds and location of said property and by reference hereto hereby made a part hereof. Said properly is further known under the present system of house numbering in use in the City of Augusta, Richmond County, Georgia, as 620 Chafee Avenue. Map & Parcel No. 036-3-193-00-0 (620 Chafee Avenue) Also, all that lot or parcel of land with improvements thereon, situate, lying and being the City of Augusta, Richmond County, Georgia beginning at a point 89 feet, more or less, North of the intersection of Fenwick Street and Chafee Avenue and fronting on the East side of Chafee Avenue a distance of 40 feet, running back between parallel lines, 152 feet, more or less, on its Northern boundary and 142 feet on its Southern Boundary. Said property is known as Lot 162 on a plat recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book 3-Z, page 602, reference being made to said plat for a more complete description as to metes, bounds and location of said property. The improvements on said property are known under the present systern of house numbering in the City of Augusta s 624 Chafee Avenue. . Said property is conveyed subject to an easement 5 feet wide along the Northern boundary extending back along said boundary from Chafee Avenue 50 £eet, more or less, in connection with a similar strip 5 feet wide off the Southern edge of the adjoining lot for the purpose of ingxess and egress to and from Chafee Avenue for the subject property and the adjoining lot recorded in said Clerk's office. Map & Parcel No. 036-3-194-00-0 (624 Chafee Avenue) Also, a11 that tract or parcel of land with the improvements thereon situate,lying and being in the State of Georgia, County of Richmond, City of Augusta, fronting a distance of 53.00 feet on the north side of Fenwick Street, identified as Tract "A", and consisting of 0.244 acre, as more particularly shown upon a plat dated June 5, 1991, prepared for the City Council of Augusta by Charles T. Dillard, Commissioner of Public Works and Director of Engineering and recorded on Realty Reel 361, Page 2167, and specifically incorporated herein by reference for a more particular description of the location metes, bounds, courses and distances of said property. , , ! �i , The hereinabove described property is the same property conveyed by W.R. Tiller to Calvin W. Fort and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia on Realty Reel 148 at pages 81 through 82. The improvements on the hereinabove described property are known under the present system of house numbering in the City of Augusta as 1539-1/2 Fenwick Street, Augusta, Georgia, and are shown and described on the official Richmond County Tax Maps as Paxcel 197 on Map 36, Sheet 3. Map & Parcel No. 036-3-197-00-0 Also, a11 that lot or parcel of land with any improvements thereon, situate, lying and being in the � State of Georgia, County of Richmond, City of Augusta fronting a distance of 57.00 feet on the north side of Fenwick Street, containing 0.26 acre, as more particularly shown upon a plat dated October 10, 1991, prepared for the City Council of Augusta by Charles T. Dillard, Commissioner of Public Works and Director of Engineering, a copy being recorded on Realty Reel 377, Page 259, and specifically incorporated herein by reference for a more particular description of the location, metes, bounds, courses and distances of said property. Map & Parcel No. 036-3-198-00-0 (1533 Fenwick Street) Also, all that lot or parcel of land with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia located on the North side of Fenwick between Fifteenth Street and Chafee Avenue, fronting on said Fenwick Street a distance of 36.66 feet, more or less, and extending back between even widths a distance of 200 feet, more or less. Said property is bounded, all now or formerly as follows: On the North by property of Augusta Coach Company; on the East by property of Mae Bell Myers Bartlett; on the South by Fenwick Street; and on the West by property of Harry and Mary Rearden. Said property is known under the present system of street numbering in Richmond County, Georgia as 1529 Fenwick Street. Map & Parcel No. 036-3-199-00-0 Also, all that lot or parcel of land with improvements, thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia located on the North side of Fenwick Street, upon which it fronts a distance of 35.6 feet, more or less, and extends back between parallel lines a distance of 201 feet, more or less. Said property is bounded, a11 now or formerly, as follows: On the North by property of Ellen J. Cooney; on the East by property of Ways and Means for the Blind, Inc.; on the South by Fenwick Street; and on the West by property of R. M. Odum. Said property is known under the present system of street numbering in Richmond County, Georgia as 1525-1527 Fenwick Street. Map & Parcel No. 036-3-200-00-0