HomeMy WebLinkAboutSUE REYNOLDS PARK LEASE AGREEMENT(AUGUSTA ARSENAL SOCCER CLUB) SLJE REYNQLDS PARK LEASE AGREEMENT
THIS L�AS� AGREEMENT ("Lease") is made and entered intQ this �day of
�, 2012 by and between AUGUSTA, CrEORGIA {"The Lessor"), with its princzpal pla�e
of business at SOi erreene Street Augusta, Georgia 30901, and AUGUSTA �RSENAL S(�CCER
CLUB, INC. (The "I�essee"�, a Georgia cozporation, with its prin�ipal place ofbusiness at 3824
Maddox FZaad, Augusta, Georgia 3Q909.
PRELIMINAR'4T STATEMENT
l, The Lesspr awns certain real property locatec� within the geographicai lirnits of the
cansalidated gavernment af Augusta, Georgia which is" described in that legal description which
is a�tac�ed hereto, incorporated herein by re�erence, a�d marked Exhibit "A". The real property
covered by this Lease together �vith all buildings, stxuctures, and improve�nents lacated tF�ereon,
and any buildings, structures, and improvemen#s that may in the future be located thereon are
comznonly knawn as Sue Re�•nolds Park is all together hereznafter referred to as the "Leased
Premises"; and •
2. WHEREAS, Th� Lessee is a Nan-pro�t Organization which focuses primarily #o provide
quality sc�ccer pragrams and services to the comr�unily; and
3. WHEREAS, the Lessee is desiraus to enhance soccer facilities and prov�de additianal
programs at Sue �teynolds Park; and
4. WHEREAS, Lessor believes it is in the best interest o� Augusta, Georgia and the citizens
who wiil benefit from the Lessee's management of` the groperty and manage�ent of
canstruction of park impravements for t�Ce site, ta enter into this Lease with �he T.essee pursuant
to the, tern�ts and conditions contained herein;
5. The Lessar ha� agreed to lease the property hereafter described to Lessee,'subject to and
in accQrdanee with the terms, coveiiazits, and canditions set forth in this agreemen�,
NOW, THEREFCIRE, this ��reement of iease states: That for and in consideration of
the premises and of the rents, eovenants, and ct�nditions to be paid, kept and performed by �he
developer, its suceessors and assi�ns, Lessor hereby leases to Lessee, its successors and assigns,
and Lcssee does by this rneans take and hire, upon and subject to the terms, conditions,
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covenants, and agreements expressed below, the Sue Reynolds Park in city of Augusta, statc af
Georgia, described on exhibit "A" attached here, together with the improvements now existing,
on it or hereaftex to be constr�.�cted on it as mentioned in this agreement, the Lessor and the
Lessee hereby agree as folIaws:
'In consideratian af the mutual pramzses' and covenan#s cc�ntain�d in this Lease Agreement, Les-
sor and Lessee hereby agree as :foliows:
LEASED PREMISES
1.01 The Lessor owns certain real propert}� located within the geographical limi�s of the con-
solidated govern�nent of Au�usta, Georgia which is described in that legaI description which is
attached h�reto, incorporated herein by reference, and marked Exhibit "A". The real property
covered by this Lease together with all buildings, siructures, and irnprovements 1QCated thereor�,
and any buildings, structures, and improvements that may in the futura be located thereon are
commonly l�nc�u� as Sue Remolds Parl� is all tc�getk�er hereinafCer referred to as the "Leased
Premises"
1.�2 Lease of .Prernises. The Lessar does lease tc� the Lessee and the Lessee does lease fxom
the Lessor subject to the terms, covenants, conditians .and provisions hereof the Lease Premises.
1.03 Condition and Suitabiiitv af„„the Premises. THE LESSEE AGREES THAT LESSEE:
IS I�EASING THE PREMISES, '`AS I�," "WHER� IS" and "WITH ALL FAULTS" AND THE
LESSOR MA.KES Nt) WARRANTIES, EXPRESS OR IMPLIED, AS T4' FITNESS,
ME12GT�ANTABIL;ITY, LTSE OR CONDITION' O� EIT�IER THE> PREMISES OR ITS
SUITABILITY FUR LESSEE'S INTEI�TDED PU�POSES. Lessee leases the Leased Premises
'and accepts fhe Leased Premises �rithout representation or warranty by Lessor, express or
`rmplied, in fact or by Iaw, and without recourse, with respect to the conditian- of the Prernises,
including, but not limited tQ the soil and subsurFace conditions thereof.
1.t�4 Lessee shaIl, and does hereby, indemni�y and hold hanmless Lessor fror� anci against any
and all damages and ciaims, in+cluding withaut li�nitation, all attorneys' fees and expenses at both
the trial and appellate levels, which in any way arise out of or are related to any inspeetion of the
Premises by Lessee ar any mechanic's or materialman's Iiens wliich may arise in connection with
t17e performance of any work by or at the request t�f the Lessee with respect ta any such
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ir�spections. The foregoing indemnity provision sha11 e�pressly suzvive any terrnination or
expiration afthis Lease.
1.05 Lessee ResnansibiIitv. Lessee 'agrees ta be salely responsible for, and absoIve the Les-
sor af and from, any and all responsibility as to, site, drainage, environmental, or use and devel-
opment costs anct issues of any`kind.
TERM UF LEASE
2,01 Term of A�reement and Option. The inrtial term of this Sublease shall eomrnence on
the "Commencement 1�ate", which shall be as of midnight, � L �, 2Q12, and shall expire
at the end of the business day an the 31st day of December 31, 2Q21 unless �erminated sooneir
pursuant to the terrns of fhis Lease. Upon mutuai agreement of the parties, this Lease may 6e ex-
tei�ded for one additional term of ten (10) years cam�nencing on January l, 2022 and continuing
� up and �hrough December 31, 2�331. If Lessee desires to extenct the lease for the additianal tern�,
Lessee must send a writtenxequest ta renew this Lease to the Directar no later than 120 days pri-
or ta the expiration af the initial term af this Lease.
LEASE PAYMENTS
3.(#1 Lessee, for and in consideration of this Lease shali ma.ke lease payments to the Lessor by
paying ta the Lessor the sum of $ l.OGt per }�ear commencing �i��l, �, 2012 and continu-
ing an the first day of each year thereafter during the initial terrn af this Lease and any renewal
term (the "Lease Payments"}:
3.02 Taxes. The �se or occupancy of the Premises by Lessee constitutes a pzoperty interest
which may be subject te� possessory interest taa�es, and Lessee shail be solely liable far the pay-
ment of such taxes. Tenant acknaw�edges Tenant's actu�l knowledge of the existence of a pos-
sessory interest tax and receipt af Lessor's nati�e herein afpotential tax'liability. Lessee a�rees
that Lessee is solely xesponsible for the timely payment before delinquency of passessory inter-
est taxes and any other tax, levy or assessment upan the Premises, Lessee's personal property,
improvements, and fixtures upon the Fremises. Lessee shall indemnify and hold Lessor harmless
fro�n any liability, loss, or t�amage resulting from any taxes, assessments, or other charges to be
paid by Lesse� and from all interests, penalties, and ather sums imposed thereon an.d fram any
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sales or other proceedings to enforce collection of any such ta7ces, assessments, or ather c�arges,
U5E UF PROF'EItTY
4,01 The Premises is leased to Lessee solely for the operation of'a public park for the ptupose
of praviding the pubtic with a paxk facility. Lessee sha11 not use, or permit to be used, any part af
the Premises far any purpase other than the purposes for whieh the Premises is leased. Tenant
shall na# change the use of the Premises withaut first obtaining the written consent of Lessor.
All operations incident ta this use af the Premises shall be; carried on accordin� to the best course
af business practiced in the vicinity.
�.t�2 Lessee will notpermit any naxious weeds to ga to seed an the;Premises, and all seeds and
planfis planted ar stored �n the Premises shall be free from noxious weed seeds. Lessor reserves
the right to go on the Premises at any tzme for the purpose of inspecting and treating any noxious
weeds which may be growing on the Premises. Whene�rer Lessee rerrroves plants fro�n the Prem-
ises, Lessee r�i�l imme�iately proceed to cultit�ate the iand from which such plants haue been
removed so that no weeds may �row thereQn.
�:03 Lessee shali not use, store, keep, r�lease, discharge, dispase of or spill any toxic or haz-
ardous substances, wastes or rnaterials on the Premzses, nor use or stc�re any such subsiance that
wili ha�e �.n.ny residual effect beyond the Lease term.
4A4 Lessee shall, at Lessee 's sole cost and expense, pramptly and properiy comply with any
and all lau�s, ordinances, rules, regulations, requirements and orders whatever; present or future,
t�f the federal, state, county or municipal �overnment that �nay in any way apply to the use of,,
maintenance of, oecupation of, and operations on the Premises.
4.05. Neither Lessee nor any other person shall park ar keep any niotar home, traiier, boat, or
other reereational vehicle ar i€�operable automobile on the Premises. Overnight occupancy or
�amping by any person is strictly pxahibited.
INSURANCE
5.01 I�essee shall, at L�ssee's sole cost and expense rriaintain cluring the entire term of this
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Lease Agreement liability insurance at Ieast as broad as Comprehensi�e general liability insur-
ance issued by an insurance company aceeptable to Lessor and authorized to issue liability insur'-
ance in Georgia, to protect against loss frorn liability imposed by law for damages an account of,
but not limited ta, A) bodily injury, including death therefrom, suffered or alleged to be suffered
by any person ar persans'whomsoever an or about the Premises and the busines� of Lesse� on
the Premises, or in connection with the operation thereof, resulting directly or indirectiy from
any acts or activities of Tenant �r its sublessees, or any person acting for Lessee, or under Le�see
's control or direction, and also to pratect aga�nst loss from liabiIity irnpased by law for B) dam=
ages tv any praperty of any person occurring on or about the Premises, or in cannection with the
operation thereaf, caused directly or indirectiy by ar froin acts or activities of Lessee ar its sub-
tei�ants, or any person acting for Lessee ar under Lessee 's control or direction. Such property
damage and badily injury insurance sha1l also provide for and pratect Lessor against incurring
any legal cast in de£ending claims for alleged loss.
5.02 Su�h carnmercial general, 'liability insurance' shall be maintain�d in full farce and effect
during the term af this Lease Agreement in the following amaunts: Commercial general liability
insurance with limits not Iess than $1,OQO,OQO far each occurrence, combined single limit for
l�odily injuzy and property damage. (If a g�eneral aggregate limit is used, either the general aggre-
�ate lirnit shall apply separately to the Premises or the general aggregate limit shall be twiGe 'the
required oceurrence limit.) (Any deductihles t�r self-insured retentions rrmust be declared ta and
approved by Lessor. ,At the option of Lessor, either tl�e insurer shall reduce 4r eliminate such de-
c�uctibles; ar self-insured retentions as respects Lessor, its officers, officials, employees and vol-
unteers, or Lessee shall prauide a fi�:ancial guarantee satisfactory to the Lessar �uaranteeing
,payment of Iosses and related investigations, claims administration and defense expenses.)
5.43 Lessor and its officers, officials, employees, and volunteers shall be named as additional
insur�ds on all Iiability poiicies and policies shali provide that their coverage is pri�nary.
�.04 Fire and Casualty Znsurance. At ai1 times during the Lease term, Lessee shall, at Lessee's
sole cost and expense, keep ail buildings, improvements, and other structures on the Premises
insured for their fu11 insurable value by insurance companies authorized to issue such insurance
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in Georgia against loss ar destruc�ian by fire and the perils commonly covered under the stand-
ard extended cauerage endorsemenf to fire insuranee policies in Richmond County', Lessee also
shall insure all buildings, improvements, and other structures on the Premises against'loss or de-
struction by windstorm, cyclone, toznado, hail, explosion, xiot, riot attending a strike, civil com-
motipn, rnalicious mischief, vandalz��n, aircraft, f re, smoke damage, and sprinkler leakag�.
5.0� Any proceeds received because of a loss covered by such insurance shatl be used and ap-
plied in the manner required by Section 5.{}6 af this Lease Agreement,
5.06' Deposit of Insurance With Lessee. Lessee shalI within 10 days after the exe�ution of this
Lease Agreement and promptly thereafter when any su�h policy is replaced, rewritten, or re-
newed, deliver ta Lessor a#rue and correct copy of each insurance palicy required by this Lease
Agreement crr a certificate executed by the insurer(s) or their authorized agent�s} evidencing such
co�erage.
�.437 Each insurance poliey required under this Lease Agreement shall con#ain a prQVision that .
it cannat be materially altered or cancelIed for any reason u�3less 30 dayrs prior written notice of
such change is given to Les�or.
S.Q$ If during the Lease term any buildings or irnprovements now or hereafter on the Premi�es
be destroyed whally or partially by fire, theft, the elements, or any nther cause not Lessee's fault,
this Lease Agreement shall con#inue in full force and effeet i#` Lessee so elects, and Lessee, at
Lessee `s own cost and expense, shall repair and restore the c�amaged or destroyed structures' ar
improvements accarding to the originai plan thereof unless otherwise approved in writing by
:Lessor. Lessee shall ct�mmence repair and restoration within 60 days after the cl�rnage or destruc-
tion occurs and shall cnmplete the wark with due diligence.
5.09 Any and ali fire or other insurance praceeds payable at any time during the Lease ter�n
because of damage or destruction af any struetures Qr impravements on the Premises shall be
gaid to Lessee and applied by Lessee toward; the cc�st Qf repairing and restorin� the damag�d or
destroy�d structures. Provided however, �at should Lessee legally terminate the Lease Agree-
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ment b�cause of darnage ta or destruc�ion of the buildin�s or improvements an the Premises, all
fire or other insurance praceeds payable because of such damage ox destructian shall be paid to
Lessor ta compensate Lessor for the loss to Lessor 's damaged or destrayed buildings ar irx�-
provements or at least for lass as can be rec4vered by receiv`rng ai] such proceeds.
LEASEH4LA IMPROVEMENTS
6.01 Improvements Approval {a) Any improverzients ofher than the normal and necessary
day to day maintenance req�ired to rnaintain the Leased Premises shall'be done in'eonforrnity
with plans and specifications prepared by or for the Lessee and L,essee shall not comrn�nee any
sucl� work until Lessor {by and through its Director) shall have approved said plans and specifi-
cations. Lessar shall review tt�e plans and respond to Lessee within faurteen .(I4} days with re-
�ard to Lessee's propased, plans and speeifications. All af Lessee's wc�rk shall be dane in ac-
cordance with the pians and specifications approved by the Lessor; provided, howevex, that na
approval by the Lessor shall be deemed an affirmatiQn that;such drawings or irnprovements con-
structed in accordance therewith are in compliance with applicabie building cades or other apgli-
cable ordinances and regulations, nor shall any� such approval by Lessor relieve Lessee fram its
abli��tior�s, at Lessee's sole cost aiid expense, to make any architectural andlor cons�ruction chan�-
es to sueh drawings or irnprovements necessary to comply witla aIl applicable governmental ardi-
nances and reguiations, and fihe approved plans and specificatians.
(b) Any Imprc�ve�nents that may potentially ixzapact any lake, river, stream, creek,
drainage tiitch or other body of water shall be reviewed and apgroved by Lessor an�l any other
appropriate or required local, State andJor Federal regulatory of�ces and agencies, ineludin� the
U. S. Aimy Corps of Engineers, priar to construction c�f these Required Improvements,
6.02 Improvements upan Lease Termination. Upon the expiration or earlier tem�ination af
this Lease, improvements benefitting the Leased Premises shall remain the property ofthe Lessar.
6.(}3 General Improvements. Separa#e and apart from #he In�pravements that are approved by
the Lessor, it is aiiticipated over the life of the Lease that additional Capital Improvements
("General Impravements°'} ,may iae needed: If such General Improveme�ts are deemed necessary
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by the Lessee then, in that event it shall be Lessee's responsabiiity ta znake and pay for these
General Improvements.
6.04 Construetion. Lessee agrees t� indemnify and hold harmless Lessor and its Board of
Commissianers, directars, agents, employees, and assigns against any mechanics' or
materialsmen's liens against the Premises and against any claims, losses, damages or liability
whatsoever to persan ar property arising out of the construction or maintenance thereaf, however
caused, whether d�ze to the acts ar omissic�ns af Lessee, its agents, cantractars, servants ar em-
ployees, or by re�son af any �nsafe candition of the Premises caused thereby, and Lessee agrees
to carry and cau�e its contractors:and subcontractors to carry, adequate worknnen's com-
pensation insurance ta protect Lessor against ciaims o� emgioyees �f Lessee. The constn,tctiarz,
ereetion, and placement of all Capital Improvements shall be subject to Lessor°s review an8 ap-
pro�al and shalt be in accordance wiEt� all federal, state, and �ocal 'Iaws and re�uiations, the-rnost
restrictive of which shall apply. In no event shall Lessee be permitted to remove or demolish any
improvement(s} or fixiures constructed or installed at the Premises without Less�r's priar writeen
consent. TJpc�n t�e expiration or terminatian of this Sublease, the improvements and alI a�purte-
nances and attachrnents thereto canstructed by The �'atch hereunder shall be and remain f:he
property of the Lessor and in the event of an anticipatory breach of this Lease by reason af the
�ling of any'voluntary or invaluntary' petition for receivership or bankruptcy, or the appointment
of any trustee for Lessee, the buildings and 'zmprovements so erected by Lessee shall be retained
by Lessor.
6.05 SPLQST Fundin�. Lessor will contribute up tp $150,OOf�.QO in SPLOST VI funtl for
Prernises' im�rovements. 'Construction for Premises' wili be zx�anaged by Lessee and wili be re-
imbursed with a inaximum of three(3) installments by �,essar after L�essar has inspected and ap-
pr4ved the successful canstruction/installatian of iz�pr�vements including, but not limited to the
fol�owing cate�ories: athletic fieid; building; fenci�Tg; lightnin�; parking; road; park amenities;
and general landscapin�:
GENERAL PRUVISIONS
7.b1 Lessee shall indernnify and hold Lessor and Lessor 's property, including the Premi�es
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subject to this Lease Agreement, free and harmless from any and all liabil'rty, �oss, darnages,
fines, penaities, clai�s, and actions resulting "from Lessee's failure to comply with and perform
the requirements of this Lease Agreement.
7.02 Lessee hereby agrees that Lessee will not permit ar suffer any liens of any kind t4 be
filed against the Premises as a result of ar�y obligation, malfeasance, negligence, or omissian af
Lessee, and that Lessee shall diligently take all necessary and proper steps to rema�re ar;d dis-
char�e any liens which are filed.
7.03 Should Lessee, in Lessee's soie discre#ion, desire by appropriat� legal proceedings
t�rought in good faith and diligently prosecuted in Lessee 's name, ar in the names of Lessee anci
Lessor when appropriate or xequired, to contest the; �validity ar applicability to the Premises of
any law, ordinance, statute, order, or regulatian now or hereafter rnade or issued by any federal,
state, county, �ocal, or other governmental agency or entity, any such cc�ntest or proceeding, att-
hough,rnaintained' in the names of Lessee and Lessor, shall be without cQSt to Lessor, and Lessee
shall pr�t�ct the Premises and Lessor from Lessee's failure to observe �r complyr during the con-
test with #he contested law, ordinance, statute, order, or regulatian.
7.Q4 Entry by Lessor. Lessee shall permit Lessor, and Lessor 's agents and assigns to enter �he
Prernises, at any time, for the purposes af inspection for carnpliance with the terrns of this Lease
Agreernent, exercise af all rights under this I,ease Agreement, and all other lawful purposes.
7.05 By entering into this Lease Agreement, Lessee accepts the Premises in its present condi-
tion, Lessee agrees to surrender the Premises to Lessar on the Iast day af the term or an sooner
terminatian of this Lease Agreernent, in the sarr�e condition as when received, reasonable use,
wear, and daniag� by �re, act of C'rod, and fihe elements excepted, and to remove all af Lessee''s
property from the Premises. At aII times during this Lease Agreement Lessee shall, at L�ssee 's
sole cost and expense, lceep and maintain the Premises and all presenf arrd future improvert�ents
on the Premises in good order and repair and in a safe and clean eondition. Lessee shail, at �,es=
see 's saie cost and .expense, maintain at aI1 time during the term of this Lease Agreement the
whoie of the Premises, <as well as any improvemeilts, landscaping, and facilities on the; Premises
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in a clean, sanitary, neat, tidy, orderly, and attractive candition. :Lessee agrees to pay Lessar in
fuil and pr�mptly upon ,demand for loss or damage to Lessor 's property arising from this Lease
A�reement.
7.06 Lessor makes no cav�nant or warranty respecting the �remises's candition or $uitability
for Lessee°s authorized or proposed uses under this Agreement. Lessee represents that Lessee has
made an independent inspectian of the Premises and is not relying upon any representation or
warranty whatsoever from:Lesscar as to suitability or fitness for Lessee's desired uses. Lessor does
not warrant the �ecurifiy of Lessee 's personal property or fixtures on the Premises, including but
not limited to vehicles, inventory, and equipment
7.07 AIl costs incurred by Lessee in connection with Lessee's �peratians upon the Prernises,
including but nat limited ta costs of preparing the Premises for Lessee 's use and accupancy, re-
fuse remaval, water, eIectricity, and other utilities, shall be borne and paid solely by Lessee when
due.
7.08 Lessee, as a material part of the cansideration of tt�is Lease Agreeme�xt, hereby waives all
claims against Lessor far praperty damage of any kind whatsoeuer, and for injuries to persons, in
ar about the Premises fram any cause arising at any time, except for negligence p� the part of
Lessor, its officers and employees, and Lessee shalt inclemnify, defend, and hold Lessor, its of-
ficers, officiais, employees, volunteers, contraetors, and agents harmless from any loss, damage,
liabi�ity, or death or;injury to any persan or injury ta property (including attameys' fees and court
costs) arising ,fram or as a result of the death of any perst�n Qr any accident, in�uzy, loss ar dam-
age whatsoever caused to any person ar to the property of any person arising directl�= or indirect-
iyr out of or related t� this Lease Agreement or Lessee "s officers, employees, contractors or
agents.
7.0} Lessee shail not be respansible for (and such indemnity shatl not apply to) any acti�e
negligence, sale negligence or wiliful misconduct of the Lessor ar its officers, afficials, ernplay-
ees, contractors or agents, Nothing contained in the insurance requirements shall be construed as
limiting the extent af Lessee's responsibility far payment ofdamages resuiting fra�'Lessee's op-
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eratians under this Lease Agreement.
'7.I0 This Lease Agreement is subject to all existing easements, servitudes, licenses, and rights
of way for canals, ditches, levees, rc�ac3s and hi�hways, and telephone, telegraph, cable, commu-
nication, and electric power lines or facilities, and railrc�ads, pipelines, and other purposes,
whether or not of rec�rd'.
7.l I L�ssc�r hereby covenants and agrees that if Lessee pays the rent as provided in this Lease
Agreement and faithfully performs the terms and conditions an Lessee's part to be kept, observed
and performed, Lessee shall have the peaceful enjoyment of the Property during the term of this
Lease Agreement, withouthzndrance or interference fram Lessor.
7.12 Lessee sha11 nat commit or permit flthers to commit any waste or nuisance upon the
Premises, or cQmmit or aliow any other act on f�e Premises that could disturb the quiet enjoy-
ment of Lessor, any other tenant of Lessor, or persQns properly ugon the Premises or'upon adja-
cent or nearhy property. .
7.13' Neither this Lease Agreement nor any in�erest in it shall be assigned, ei�her voIuntarily or
invaluntarily, by Lessee, or by aperation of law ar otherwise, nor shall the Premises, or any part
of it, be sublet by Lessee without the prior written conse�it �f I,essor, �vhich consent may be giv-
en or withheld in Lessor's sole discretion; Any such assignment or sublease uvi#hout such prior
written cansent of Lessor shall be void. Lessor shaIi have the right ta assign or transfer this Lease
Agreement ar any rights in or to it.
'7.14 I.essee shall perform no alterations to or canstruction on the �'remises without Lessor's
prior written consent. Any such construction t�r alteration shall proceed only in accordance with
such condition5 as Lessor shall impose in eonnectian with its consent to such aiterations or can-
struction,
7.15 Notices required by law or this Lease Agreernent shall be in writing and shall be deemed
duly served and given when actually delivered in person by a garty;ar its agent or its delivery
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service to the intended recipient, or, in lieu c�f such pers€�nal service, when depasited in the Unit-
ed States mail, first-class postage prepaid, addressed to
As to Lessor; Fred Russell,
Administratar Augusta, Georgia
530 Greene Street
Roam 801
Augusta, Creorgia 30941;
With a copv to: Tom Beck,
Direetor Farl�s, Recreatian and FaciIities Department
�027 Lumpkin Road
Au�usta, Georgia 30�06
For purpases of Nntices hereunder, the address of Le�ssee shall be:
AUGUSTA ARSENAL SOCCER CLUB, INC.
c/o Tom Nortan
�$24 Maddox Road .
Augusta, Georgia 309�9
7.16 Time is hereby expressly declared to be of the essence of this Lease Agreement and of
each and evezy provision of it, and each such provision is hereby made and declared to be a:�na-
terial, necessary and essential part of this Le�se Agr�ement.
7.17 This Lease A�reement supersedes ali oral agreernents and under�tandings between the
parties ai�d consfitutes their whole agreement regarding the Premises. This Lease Agreement
cannot be changed orally but only by agreement in writing si�;ned b� the parties.
7.18 Governing L,aw. This Lease shall be construed and interpreted in accordance with, and
shall be governed by, the laws af the State af Georgia, and exclusi�e jurisdiction shall be in the
�uperior Caurt of Richmond County, Gear�ia. All claims, disputes and other matters in questic�n
between Lessar and Lessee arising aut af or relating to this Lease Agreement, ar the breach
thereof, shall 'be decided in the Superior Court of Richmond County, Georgia, The Lessee, by
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executing tlus Lease Agreement, speci�eaily consents to jurisdiction �nd venue in Richmond
County and waiVes any right to contest the jurisdiction and venue'in the Superior Court of`Rich-
mflnd Caunty, Georgia.
7.19 In any actian or proceeding by eitl�er party to enforce this Lease Agreement ar any provi-
sion of it, the prevailing party shall be entitled to all costs incurred (including experf witness
fees) and to any reasanable attorneys" fees incurred either at triat or on appeal.
7.20 This Lease Agreement shaTl be binding on and shall inure to the benefit of fihe heirs, ea-
ecutQrs, administrators, successors, and assigns of the parties to this Lease Agreement, but noth-
ing in this paragxaph sha11 be construed as consent by Lessor t� any assignrnent of this Lease
Agreement or any interest in it by Lessee.
7.21 Tf any #errn or provision of this I,ease A�reement or any application theree�f shall be inva-
lid or unenfnrceable, the remainder of this Lease Agreement and any other application af such
terms or provisions shall not be affected thereby.
'7.22 The capti�ns af thi� Lease Agreement are for eonvenience of referenee anly and shall not
c�efine or limit any of its terms or provisions.
7.23 All of Lessee's �covenants hereuz�der sha11 be deemed and canstrued ta be conctitians as
well as covenants as thaugh the warc�s specifically expressing or imparting covenants and condi-
tions were used in each separate instance.
'7.24. The waiver by Lessor caf any breach by Lessee of any of the provisions of this Lease
Agreement shall not constitute a cantinuing waiver or wai�?er of any subsequent breach by Les-
see of #he same or a different provisian of this Lease Agreement.lV�o failure by Lessee or Lessar
to insist upan the strict performance of any covenant, agreement, term or condition of this Lease
or to exercise any right or remedy consequent upon the breach .of any subseguent breacl� at, the
sarne covenant, agreement, term or conditian, No covenant, agreement, term or condition of this
Lease and no breach of this Lease shall be waived, altered, or modified except by a wr'rtten in-
strument. A waiver of an�7 breach of this Lease shall only affect this Lease to the extent of the
Page i 3 of l$
specific waiver, and all covenants, agreements, terms and conditions of this Lease shall continue
in fuil force and effect.
7.25 No Presumption Re�arding Drafter, Lessor and Lessee acknovvledge and agree that°the
terms and prc�visions af this Lease have been negotiated and discussed between Lessor and Les-
see, and that this Lease reflects their mu agreement :regarding the subject matter of this
Lease. Because of the nature of such negotiations and discussions, it would be inappropriate to
deem eitiher Lessor or Lessee to be the drafter af this Lease, and therefore no presumption for t�r
against the draftex shall be applicable in interpreting or enforcin� fhis Lease.
7.26 The relationship created by this I,ease Agreement is one of Less�r / I�essee. This Lease
Agreement is not intended to create a jaint venture or any relationship other than that of Lessar I'
L�ssee.
7.27 Lessor 's remedies hereunder shal3 not be exclusive but sha1l be cumulative with and "an
additic�n to all remedies allowed b}j law.
DEFAULT, TERMINATION, A1WD CQNTINUANCE QF LEA�E
8.0'1 Abandonment by Lessee. Should Lessee breach this Lease Agreement and abandon the
Premises prior to the natural expiratiQn of the Lease term, Lessor �nay continue this Lease in ef-
fect b�F nc�t ternui�ating Lessee's right to passession af t�Ze Premises, in which case Lessor shall be
entitled to enforce aIl Lessor's rights and re�aedies under this Lease Agreement including the
right to recover rent as it becomes due.
°8.0? Termination by Lessor upon Default. Should Lessee default in p�rformance af>any cave-
n�nt, condition, ar agreement cc�ntained in this Lease Agreement and the default not be eured
wzthin IO aays after written natice hy Lessor, Lessar may't�rminate this Lease Agreement and
bring an action to recover from Lessee the wo�tl� at time of award of unpaid rent which had beeii
earned at the tirne of termination of the Lease Agreernent, alI amounts necessary to compensate
Lessar fox all detriment proximately caused 'b� Lessee's failure to perform Lessee's abligatians
under this Lease Agreement, and such other sums as permitted by law. Lessor may also bring an
Page 14 of 18
action, in addition to or in lieu af the foregoing, to reenter and regain possession af the Property
in the manner pravided by the laws of Georgia.
$.03 Termination by Lessor Upon Insolvency af Lessee. Should Lessee became insolvent,
Lessar may, by giving 30 days wr'rtten natice to Lessee, terminate this Lease Agreernent and for-
feit Lessee's interest in the Property and in any improvernents or facilities in, on, or appertaining
fa the Premises. For purposes af this subsectian, Lessee shall be conclusively presumec� ta have
becorne insolvent if Lessee has a receiver appainted to take possession of all or substantially all
of Lessee's propert� because of insolvency; makes a general assignment for the' benefit of credi-
tors; ar allows any judgment againsi Lessee to remazn unsatisfied and unbanded for 34 day� or
longer.
8.Q4 Terinination by Lessor far Advez�se Eff�cts an Qther Premises. Lessee specifically agrees
to take ali r�ecessary rneasures cturing the term of this L,ease Agreernent to eliminate and abate
any adverse effects of Lessee's operations upon residentia] and/or other property in the vicinity,
_ including wi�thaut iimitation noise, odar, etc. In the event af Lessar 's receipt of a complaint or
comptaint from any person regard'rng Lessee's operations hereunder, Lessee agrees tc� cc��perate
fully with Lessor ta promptly and effectively remove ar satisfactorily reduce the naise or ather
aspect of Lessee's business operations giving rise to the complaint. If such corrective actions by
Lessee £ail to resal�e the prabl�� within five days and orze or more complaints c�ntinus to be
lodged with Lessc�r, Lessor rnay, by gi�ing t�en days written notice tc� Les�ee, t�rminate this I.ease
Agreement and for��it Lessee's interest in the Property ar�d in any improvements or facilities on,
'rn, or appertainin� to the Premises.
'8.05 Termination by Lessor for Convenience. Lessc�r may terminate this Lease Agree�nent in
part or in whole upon written raotice to the Lessar.
[SIGNATURES t?N`F�LLt�WING PAGE]
Page 1 S of 18
I1V WITNESS WHEREOF, tl�e parties have executed or caused this Lease to be executed
as of the day and year first written above.
AUGUSTA, GECIRGIA
B l.�' ���, / G
y.
�� �A David S. Copenhaver
��� As its Mayor
���/'i z .,�
�,
�
,p�-e.�ea\�� �
°��,}�l�p�y;� ��� ;�
gy ;�� .�;�,�. ��.�.o..�. � p �,
°e
I;ena J:. �� otv�er, ,� e� � � � °�,���� '��
� � .� . ,� �'�. o � �� ;
Clerk af Com,mis�ion ��' �.; R , ;: , � �;�� �� m, � � �
� ���( i� � � � � ',
� � r, o ,ii 5 � :,^-� F.A ;.
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Signed, sealed and deiivered �; �� p�,> y �,,� ����-
in he presenc f• �; ���.� , k '`'
; � , . �. .�,
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NOtary bli # ,
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VJl e S��W. NI ��\ �r ,._ _.
By: '� t'' '
N"' !<,tS�C/
2 �
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I n� A �G s Q� AUGUST S S ER CLUB, INC.
I� ���+ �/B� o •, t t?�
� . ,o ro �.,� B .
, �/�+g��a::.y..�. e �' �'` .� y �
�11 t = o�:• ItS: :� ��p�
:(seal)
Signed, sealed and delivered
in t e prese�ce of:
_
Notary Public
`Witnes
By; � �,�
Name. 0 6er� /� /�r +�•:t
C,�:�e.J: p�-o�'�r6
Page 16 of 18
Ex�iBi�r A
All tl�at lot, tract, or parcel of land, with improvements thereon, situate, lying and being in the
State of Georgia, County of Richmond, being designated as Tract "A" and Tract "B" on a plat
prepared far Augusta Geargia by Toale Surveying Coinpany, �nc. dated September 16 2005,
reference being rnade ta said plat for a rnqre complete and accurate description of the metes,
bounds, courses, d'zstances and location af said property.
A copv of said plat is attached hereto as Exhibit A— l.
Pa�e A
SPEGYAI� N01E:
AL9� � According:..to lhe flood aneuranee�Role mqps !or communlly� .
�� � Pm�el�HVmber 13(}i58 0055 8 Datcd fEBRUARY 04, 1987� II+b
` yroperly doas not oppsar tp Uc sritt�Ha lhe iW year Ilood.
.. pbk�:. . ..
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. „ ESTABLISHE[J �BY JOE HOttEY, �i �
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