HomeMy WebLinkAboutTHOMPSON FARMS-BIG FARM LEASE AGREEMENTSTATE OF GEORGIA
COUNTY OF AUGUSTA - RICHMOND
This Lease Agreement made and entered into on this the/7 day of / „f_ 2012, by and
between Augusta, Georgia, a political subdivision of the State of Georgia, by and through its
Augusta Utilities Department, hereinafter referred to as "Landlord” and Charles Thompson and
Thompson Farms, of the State of Georgia, County of Richmond, hereinafter referred to as
"Tenant ";
WITNESSETH:
Landlord, for and in consideration of the premises and of the rents agreed to be paid by
Tenant as hereinafter set forth, and in further consideration of the stipulations, provisions,
covenants, agreements, terms and conditions herein stated, does lease unto Tenant for a term of
seven (7) years commencing on the 1 day of January, 2012, and ending at 12:00 midnight on
the 31 day of December, 2018, those certain premises, hereinafter referred to as "Leased
Premises ", being situated in Augusta, Georgia, and being a portion of what is commonly referred
to as "Big Farm ", said Leased Premises containing 29 acres, more or less, of cultivatable farm
land, together with the right of ingress and egress thereto, and being the shaded parcel shown
upon a plan of the Big Farm property prepared by ZEL Engineers, Inc., as "Tract B ", a copy of
which is attached hereto as "Exhibit A" and by reference incorporated herein for a more particular
description of the Leased Premises.
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THOMPSON FARMS -BIG FARM
LEASE AGREEMENT
Thompson Farms
Big Farm Lease
2012 -2019
Tenant does hereby this day rent, take and hire from Landlord, upon the said stipulations,
provisions, covenants, agreements, terms and conditions herein stated for the above - described
term, those certain leased premises, more fully described above, together with the rights of
ingress and egress granted above.
1.
The tract of land known as 'Big Farm" contains 926 acres, which includes the 29 acres.
Landlord reserves the right to utilize the remainder of the Big Farm not covered by this Lease (i.e.,
all portions other than "Tract B" as shown on the attached plat) for any purpose. Landlord also
reserves the right of ingress and egress across the leased premises, using such diligence and
care so as to keep any damage to crops at a minimum.
2.
Both Landlord and Tenant shall have the right to terminate this Lease at any time during
the initial term, or any renewal term, for dny reason, upon sixty (60) days advance written notice
to the other party. In the event either party cancels this lease, for any reason, Landlord shall not
be liable for damage to crops(s), or for the loss of any crop as a result of the termination of this
lease upon such notice, or for fertilizer and /or chemical costs.
3.
Should Tenant wish to extend this lease beyond its seven (7) year term, Tenant shall
contact Landlord at least sixty (60) days prior to the termination of the Lease, for permission and
to negotiate terms.
4.
Tenant shall use the leased premises for the cultivation of row crops in accordance
with good land management practices and for any other lawful purpose, and no
alteration, severance of timer, improvement, erections, or additions thereto shall be
made unless written consent of the Landlord is first obtained. No other right, title, or
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interest in said leased premises is acquired by Tenant except as specifically stated
above. The leased premises shall not be used for any illegal purpose; or in any manner
to create any nuisance or trespass; or in any manner so as to invalidate the insurance
or increase the rate of insurance on the leased premises.
5.
The Landlord and the Tenant hereby acknowledge that time is of the essence of this
Lease Agreement.
6.
The rate to Tenant for the leased premises is ten dollars ($10.00) per cultivatable acre
per year. Tenant states and agrees that there are twenty -five (25) cultivatable acres within the
twenty -nine (29) acre tract. This calculates to two hundred and fifty dollars ($250.00) per year,
for each of the seven (7) years of this agreement. Yearly rental payments are to be made no
later than December 30 of each of the seven (7) years.
7.
As additional rent, during the term of this agreement, Tenant agrees to maintain that
portion of the access road, to the herein stated 29 acre tract, which is located between the
Beaver Dam Ditch and the City of Augusta Levee, and is utilized to access the leased premises.
Such maintenance includes, but is not limited to, scraping as needed, filling of pot holes with
sand or crusher run stone, and mowing the sides of the road at least twice yearly. In addition,
during the term of this agreement, Tenant does also agree to maintain and perform general
repair to the top of the Beaver Dam Ditch Bridge that is located on the access road that Tenant
uses to access the leased premises. This agreement by Tenant to perform maintenance and
repair on the road and bridge stated in this paragraph, however, does not in any way reflect, or
acknowledge, that it is, or ever has been, the duty or responsibility of Landlord to provide and
perform such maintenance and repair.
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8.
All payments, notices, statements, demands, requests, consents, approvals, or
authorizations given by either party to the other shall be in writing and sent by United States Mail
postage prepaid and addressed as follows:
To Landlord, the same shall be sent to:
Augusta Utilities Department
ATTN: Finance Director
360 Bay Street, Suite 180
Augusta, Georgia 30901
To Tenant, the same shall be sent to:
Charles A. Thompson
Thompson Farms
32891 Silver Bluff Road
Aiken, South Carolina 29803
However, the parties may from time to time designate in writing an alternate address.
9.
The use of the words "Landlord ", "Tenant ", or "party" shall be construed to include the
singular or plural, male or female, corporation, partnership, association, or individual and the
necessary grammatical changes required to make the provisions hereto apply shall in all cases be
assumed as though in each case fully expressed.
10.
Should Tenant at any time be in default in the payment of rent and fail to remedy such
default within seven (7) days after notice thereof from Landlord; or should Tenant at anytime be
in default in the performance of any of the stipulation, covenants, terms, conditions, agreements,
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or provisions of this Lease Agreement and fail to remedy such default within ten (10) days after
notice thereof from Landlord; or if Tenant is adjudicated as bankrupt; or if a permanent receiver
is appointed for Tenant's property, including Tenant's interest in the leased premises, and such
receiver is not removed within thirty (30) days after notice from Landlord to Tenant to obtain such
removal; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief
proceedings under any present or future law, whereby the rent or any part thereof is, or is
proposed to be, reduced or payment thereof deferred; or if Tenant makes an assignment for
benefit or creditors; or if the leased premises or Tenant's effects or interest therein should be
levied upon or attached under process against Tenant, and not satisfied or dissolved within thirty
(30) days after written notice from Landlord to Tenant to obtain satisfaction thereof; then, if any
of the above said events, Landlord at its option, may at once, or within three (3) months
thereafter (but only during continuance of such default or condition) terminate this Lease
Agreement by notice to Tenant without normal demand being necessary, whereupon this Lease
Agreement shall end. None of the foregoing time periods shall be deemed to extend the term of
the Lease Agreement. After an authorized assignment or subletting, the occurring of any of the
foregoing events shall affect this Lease Agreement also if caused by or happening to the
assignee of subtenants. Upon such termination by Landlord, Tenant will at once surrender
possession of the premises to Landlord and remove all of Tenant's effects therefrom, and
Landlord may forthwith reenter the premises and repossess itself thereof and remove all persons
and effects therefrom using such force as may be necessary and without being guilty of
trespass, forcible entry, detainer, or other tort.
11.
At the expiration or termination of the Lease Agreement, Tenant shall not use or remain
in possession of the leased premises and shall surrender the leased premises to Landlord in good
condition, natural wear and tear only excepted. Any holding over or continued use and /or
occupancy of the lease premises by Tenant after the expiration or termination of this Lease
Agreement without the written consent of the Landlord shall create a tenancy at sufferance. In
the event Tenant shall become Tenant at sufferance, Tenant shall remain subject to and bound
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by all the stipulations, provision, covenants, agreements, terms and conditions of the Lease
Agreement. In any such holdover period, Tenant shall pay $25.00 per acre per year, prorated for
the term for which he holds over. Any other provisions of this Lease Agreement notwithstanding,
there shall be no renewal whatsoever of-the Lease Agreement by operation of law.
12.
Tenant shall permit Landlord, its agents or employees, to enter into and upon the leased
premises at all reasonable times for the purpose of inspecting the premises to determine if
Tenant is complying with all his obligations hereunder.
13.
With the prior written consent of Landlord first having been had and obtained, Tenant
may make, at his own cost and expense, such other improvements, erections, additions and
alterations as are necessary to adapt the premises for Tenant's use. All temporary
improvements, erections and additions installed in or placed upon the leased premises by
Tenant shall continue and remains the property of Tenant, and may be removed by Tenant, in
whole or in part, at any time before the expiration or termination of this Lease Agreement. If
Tenant removes any or all of the temporary improvements, erections and additions he has
installed in or placed upon the leased premises, Tenant agrees to repair any and all damage
directly resulting to the leased premises from such removal.
14.
Tenant shall and will use and occupy the leased premises, and shall not vacate or
abandon the leased premises at any time during the term of the Lease Agreement. If Tenant
does abandon, vacate or surrender the leased premises, or is dispossessed by process of
law, or otherwise, any personal property or trade fixtures belonging to Tenant and left on the
leased premises shall be deemed to be abandoned, and at the option of the Landlord, and
shall become the property of Landlord.
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15.
Tenant shall not commit, or suffer to be committed, any waste upon the leased
premises nor shall Tenant create or permit any nuisance or illegal acts upon the leased
premises. No toxic, harmful, potentially harmful, environmentally damaging chemicals, or
other contaminants, shall be used on the property. Tenant shall maintain gates across all
roads providing access to the leased premises and keep the same locked at all times (except
when being entered by Tenant or his sub - tenants or employees in connection with the
farming operation or by Landlord, its contractors, subcontractors, and authorized agents as
provided in paragraph 2 hereof) so as to prevent any trespass or unlawful entry upon the
leased premises.
16.
Tenant acknowledges that he has fully inspected the leased premises and that the
leased premises are in satisfactory condition for the use intended. Tenant further
acknowledges that no representation or warranty as to the condition of the leased premises
has been made to him by Landlord, its agents or employees, or by any other person.
Landlord makes no warranty whatsoever as to the present condition of the lease premises.
Except as required by Article 11, all repairs necessary to make the leased premises safe or
suitable for use by Tenant shall be made by Tenant at Tenant's own expense.
17.
Tenant shall not assign this Lease Agreement or any interest therein, and shall not sublet
the leased premises or any part thereof to any part thereof to any party or parties other than
Carlin Giesbrecht without the written consent of Landlord first having been obtained. Landlord
agrees to not unreasonably withhold such consent; however, no such assignment or sub -lease
shall relieve Tenant of his obligations to Landlord hereunder. Tenant's assignee or sub - tenant
shall not use the leased premises for any other purpose than that stated hereinabove. Landlord
hereby retains the right to assign this lease agreement.
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18.
Tenant hereby agrees to pay in full, as they shall become due, all utility bills, water bills,
and license fees, if any resulting from the use of the subject property by the Tenant. If Tenant
does not, after reasonable notice having been given, pay any of the above - stated items, Landlord
may pay the same and such payments shall be added to the month's rent next thereafter to
become due, and shall become a part of said rent.
19.
In the event all or any portion of the leased premises shall be condemned by public
authority other than Landlord under the power of eminent domain or if settlement for such taking
or damaging shall be made by the parties herein in order to avoid such condemnation, Tenant's
obligation to continue the payment of the prescribed rental shall not cease; however, both
Landlord and Tenant shall have the right and duty independently to seek, recover, or settle their
own daims against such condemning public authority for damages caused to each party by any
such condemnation.
20.
All rights, powers and privileges conferred in this Lease Agreement upon the parties
hereto shall be cumulative of and in addition to those given by law.
21
Tenant agrees that all personal property placed by Tenant upon the leased premises shall
be at the risk of Tenant only and that Landlord shall not be liable for any damage thereto or theft
thereof.
22.
Should any provision or portion of any provision of this Lease Agreement be held
invalid, the remainder of this Lease Agreement or the remainder of such provisions shall
not be affected thereby.
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23.
The waiver by Landlord, or by Tenant, of any breach of any stipulation, provision,
term, covenant, agreement or condition herein contained shall not be deemed to be a
waiver of such stipulation, provision, term, covenant, agreement or condition on any
subsequent breach of the same or any other stipulation, provision, term, covenant,
agreement or condition herein contained.
24.
At all times, Tenant shall conform to, obey and comply with all present and future
laws and ordinances, and all lawful requirements, rules and regulations of all legally
constituted authorities, existing at the commencement of this Lease Agreement or which
may hereafter exist which in any way the use of the leased premises, or any
repair, improvements, renovation, or construction being done on or to the leased
premises.
25.
It is mutually covenanted, understood, and agreed by and between the parties
hereto, that as between the parties hereto and their rights accruing hereunder, this Lease
Agreement shall be governed, construed, performed and enforced in accordance with
the laws of the State of Georgia.
26.
Tenant hereby acknowledges that in executing this Lease Agreement he is not
relying on any representation, inducement, or warranty expressed or implied, of
Landlord, other than those contained herein.
27.
Each of the stipulations, provisions, covenants, agreements, terms and conditions
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contained in this Lease Agreement shall apply, extend to, be binding upon and inure to
the benefit or detriment of not only the parties hereto, but also to each and every one of
the heirs, legal representatives, devisees, legatees, next -of -kin, successors and assigns
of the respective parties hereto. Whenever a reference to the parties hereto is made,
such reference shall be deemed to include the heirs, legal representatives, devisees,
legatees, next -of kin, successors and assigned of said party, the same as if in each case
expressed.
° 28.
This Lease Agreement constitutes the full, complete and entire agreement between
and among the parties hereto; no agent, officer or representative of Landlord has authority to
modify the same without written approval of Landlord.
29.
Tenant agrees hereby to indemnify, save and hold Landlord harmless from and
against any and all claims or legal actions arising out of, or in any way connected with, the
use by Tenant or any of his subtenants, licensees or invitees of the herein leased premises.
Tenant agrees to indemnify and hold Landlord harmless from any and all harm that may arise
from, or be caused by, his tenancy of the property. Tenant specifically agrees to obtain and
maintain general liability insurance in an amount not less that Five Hundred Thousand Dollars
($500,000.00) per person and One Million Dollars ($1,000,000) per accident, which
insurance shall cover any such accidents or incidents which may occur on the leased
premises and Tenant further agrees to have the Landlord names as an additional insured
with regard to any and all policies of insurance so obtained.
In Witness Whereof, both Landlord and Tenant have hereunto executed, signed, and
delivered this Lease Agreement on the day and year above written as the date of these
presents.
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Signed, Sealed and Delivered on the date first written above, in Augusta, Georgia, in the
presence of:
LANDLORD:
AUGUSTA, GEORGIA
COI Deke S. Copenhaver, Mayor
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ATTEST:
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TENANT:
THOMPSON FARMS
Charles Thompson
Individually and for Thompson Farms
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Notary ��• / Notary Public
4 4 J �I Richmond County, Georgia
sior expire �_- .° -/� My commission expires: t ' - % l 20 14
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Page
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Thompson Farms
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1.
ANTHONY CRANE RENTAL L P
1615 Doug Barnard Pkwy
DOUG BARNARD PKWY
6.
AUGUSTA
1740 Doug Barnard Pkwy
N SAVANNAH RD
2.
ANTHONY CRANE RENTAL L P
1615 Doug Barnard Pkwy
1615 DOUG BARNARD PKWY
7.
AUGUSTA
1848 Doug Barnard Pkwy
N SAVANNAH RD
3.
ATLANTA GAS LIGHT CO
1605 Doug Barnard Pkwy
1605 DOUG BARNARD PKWY
8.
AUGUSTA
1820 Doug Barnard Pkwy
1820 DOUG BARNARD PKWY
4.
AUGUSTA
1596 Doug Barnard Pkwy
DOUG BARNARD PKWY
9.
AUGUSTA NEWSPRINT CO
2434 Doug Barnard Pkwy
2434 DOUG BARNARD PKWY
5.
AUGUSTA
1858 Doug Barnard Pkwy
N SAVANNAH RD
10.
BARNYARD FLEA MARKET OF AUGUSTA LLC
1625 Doug Barnard Pkwy
TRACT "2"
Augusta - Richmond County
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Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are
provided for the records and /or mapping data herein, or for their use or interpretation by the User.
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