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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. Page 1 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 Page 2 Thompson Farms Big Farm Lease 2012 -2019 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. Page 3 Thompson Farms Big Farm Lease 2012 -2019 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, Page 4 Thompson Farms Big Farm Lease 2012 -2019 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 Page 5 Thompson Farms Big Farm Lease 2012 -2019 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. Page 6 Thompson Farms Big Farm Lease 2012 -2019 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. Page 7 Thompson Farms Big Farm Lease 2012 -2019 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. Page 8 Thompson Farms Big Farm Lease 2012 -2019 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 Page 9 Thompson Farms Big Farm Lease 2012 -2019 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. Page 10 Thompson Farms Big Farm Lease 2012 -2019 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 (c I rr ATTEST: t- - t.. ena J Born ,•41/ TENANT: THOMPSON FARMS Charles Thompson Individually and for Thompson Farms = lz 't mission / Notary ��• / Notary Public 4 4 J �I Richmond County, Georgia sior expire �_- .° -/� My commission expires: t ' - % l 20 14 1•• s• * p � B , '` o af .d Page 11 Thompson Farms Big Farm Lease 2012 -2019 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 Disclaimer: While every effort is made to keep information provided over the intemet accurate and up -to -date, 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. Mao Scale 1 inch = 1753 feet 2/1/2012 T d ?'.qt EEL 93L r =�y 1 ' 1 1 Sd33N 19N3 132 £2: Z w 96, £c if f