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HomeMy WebLinkAboutSUE REYNOLDS LEASE AGREEMENT BETWEEN AUGUSTA GA AND AUGUSTA ARSENAL SOCCER BLUBSUE REYNOLDS PARK LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease ") is made and entered into this / = day of Apr; / , 2012 by and between AUGUSTA, GEORGIA ( "The Lessor "), with its principal place of business at 501 Greene Street Augusta, Georgia 30901, and AUGUSTA ARSENAL SOCCER CLUB, INC. (The "Lessee "), a Georgia corporation, with its principal place of business at 3824 Maddox Road, Augusta, Georgia 30909. PRELIMINARY STATEMENT 1. The Lessor owns certain real property located within the geographical limits of the consolidated government of Augusta, Georgia Aith is described in that legal description which is attached hereto, incorporated herein by reference, and marked Exhibit "A ". The real property covered by this Lease together with all buildings, structures, and improvements located thereon, and any buildings, structures, and improvements that may in the future be located thereon are commonly known as Sue Reynolds Park is all together hereinafter referred to as the "Leased Premises "; and 2. WHEREAS, The Lessee is a Non- profit Organization which focuses primarily to provide quality soccer programs and services to the community; and 3. WHEREAS, the Lessee is desirous to enhance soccer facilities and provide additional programs at Sue Reynolds Park; and 4. WHEREAS, Lessor believes it is in the best interest of Augusta, Georgia and the citizens who will benefit from the Lessee's management of the property and management of construction of park improvements for the site, to enter into this Lease with the Lessee pursuant to the terms and conditions contained herein; 5. The Lessor has agreed to lease the property hereafter described to Lessee, subject to and in accordance with the terms, covenants, and conditions set forth in this agreement, NOW, THEREFORE, this agreement of lease states: That for and in consideration of the premises and of the rents, covenants, and conditions to be paid, kept and performed by the developer, its successors and assigns, Lessor hereby leases to Lessee, its successors and assigns, and Lessee does by this means take and hire, upon and subject to the terms, conditions, covenants, and agreements expressed below, the Sue Reynolds Park in city of Augusta, state of Georgia, described on exhibit "A" attached here, together with the improvements now existing on it or hereafter to be constructed on it as mentioned in this agreement, the Lessor and the Lessee hereby agree as follows: In consideration of the mutual promises and covenants contained in this Lease Agreement, Les - sor and Lessee hereby agree as follows: LEASED PREMISES 1.01 The Lessor owns certain real property located within the geographical limits of the con- solidated government of Augusta, Georgia which is described in that legal description which is attached hereto, incorporated herein by reference, and marked Exhibit "A ". The real property covered by this Lease together with all buildings, structures, and improvements located thereon, and any buildings, structures, and improvements that may in the future be located thereon are commonly known as Sue Reynolds Park is all together hereinafter referred to as the "Leased Premises" 1.02 Lease of Premises. The Lessor does lease to the Lessee and the Lessee does lease from the Lessor subject to the terms, covenants, conditions and provisions hereof the Lease Premises. 1.03 Condition and Suitability of the Premises. THE LESSEE AGREES THAT LESSEE IS LEASING THE PREMISES, "AS IS," "WHERE IS" and "WITH ALL FAULTS" AND THE LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO FITNESS, MERCHANTABILITY, USE OR CONDITION OF EITHER THE PREMISES OR ITS SUITABILITY FOR LESSEE'S INTENDED PURPOSES. Lessee leases the Leased Premises and accepts the Leased Premises without representation or warranty by Lessor, express or implied, in fact or by law, and without recourse, with respect to the condition of the Premises, including, but not limited to the soil and subsurface conditions thereof. 1.04 Lessee shall, and does hereby, indemnify and hold harmless Lessor from and against any and all damages and claims, including without limitation, all attorneys' fees and expenses at both the trial and appellate levels, which in any way arise out of or are related to any inspection of the Premises by Lessee or any mechanic's or materialman's liens which may arise in connection with the performance of any work by or at the request of the Lessee with respect to any such Page 2 of 18 inspections. The foregoing indemnity provision shall expressly survive any termination or expiration of this Lease. 1.05 Lessee Responsibility. Lessee agrees to be solely responsible for, and absolve the Les- sor of and from, any and all responsibility as to, site, drainage, environmental, or use and devel- opment costs and issues of any kind. TERM OF LEASE LEAS 2.01 Term of Agreement and Option. The initial term of this Syhlease shall commence on the "Commencement Date ", which shall be as of midnight, APR,'(. / , 2012, and shall expire at the end of the business day on the 31st day of December 31, 2021 unless terminated sooner pursuant to the terms of this Lease. Upon mutual agreement of the parties, this Lease may be ex- tended for one additional term of ten (10) years commencing on January 1, 2022 and continuing up and through December 31, 2031. If Lessee desires to extend the lease for the additional term, Lessee must send a written request to renew this Lease to the Director no later than 120 days pri- or to the expiration of the initial term of this Lease. LEASE PAYMENTS 3.01 Lessee, for and in consideration of this Lease shall make lease payments to the Lessor by paying to the Lessor the sum of $1.00 per year commencing ,¢/f 1 L ( , 2012 and continu- ing on the first day of each year thereafter during the initial term of this Lease and any renewal term (the "Lease Payments "), 3.02 Taxes. The use or occupancy of the Premises by Lessee constitutes a property interest which may be subject to possessory interest taxes, and Lessee shall be solely liable for the pay- ment of such taxes. Tenant acknowledges Tenant's actual knowledge of the existence of a pos- sessory interest tax and receipt of Lessor's notice herein of potential tax liability. Lessee agrees that Lessee is solely responsible for the timely payment before delinquency of possessory inter- est taxes and any other tax, levy or assessment upon the Premises, Lessee's personal property, improvements, and fixtures upon the Premises. Lessee shall indemnify and hold Lessor harmless from any liability, loss, or damage resulting from any taxes, assessments, or other charges to be paid by Lessee and from all interests, penalties, and other sums imposed thereon and from any Page 3of18 sales or other proceedings to enforce collection of any such taxes, assessments, or other charges. USE OF PROPERTY 4.01 The Premises is leased to Lessee solely for the operation of a public park for the purpose of providing the public with a park facility. Lessee shall not use, or permit to be used, any part of the Premises for any purpose other than the purposes for which the Premises is leased. Tenant shall not change the use of the Premises without first obtaining the written consent of Lessor. All operations incident to this use of the Premises shall be carried on according to the best course of business practiced in the vicinity. 4.02 Lessee will not permit any noxious weeds to go to seed on the Premises, and all seeds and plants planted or stored on the Premises shall be free from noxious weed seeds. Lessor reserves the right to go on the Premises at any time for the purpose of inspecting and treating any noxious weeds which may growing on the Premises. Whenever Lessee removes plants from the Prem- ises, Lessee will immediately proceed to cultivate the land from which such plants have been removed so that no weeds may grow thereon. 4.03 Lessee shall not use, store, keep, release, discharge, dispose of or spill any toxic or haz- ardous substances, wastes or materials on the Premises, nor use or store any such substance that will have any residual effect beyond the Lease term. 4.04 Lessee shall, at Lessee 's sole cost and expense, promptly and properly comply with any and all laws, ordinances, rules, regulations, requirements and orders whatever, present or future, of the federal, state, county or municipal government that may in any way apply to the use of, maintenance of, occupation of, and operations on the Premises. 4.05. Neither Lessee nor any other person shall park or keep any motor home, trailer, boat, or other recreational vehicle or inoperable automobile on the Premises. Overnight occupancy or camping by any person is strictly prohibited. INSURANCE 5.01 Lessee shall, at Lessee's sole cost and expense, maintain during the entire term of this Page 4of18 Lease Agreement liability insurance at least as broad as Comprehensive general liability insur- ance issued by an insurance company acceptable to Lessor and authorized to issue liability insur- ance in Georgia, to protect against loss from liability imposed by law for damages on account of, but not limited to, A) bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever on or about the Premises and the business of Lessee on the Premises, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of Tenant or its sublessees, or any person acting for Lessee, or under Lessee 's control or direction, and also to protect against loss from liability imposed by law for B) dam- ages to any property of any person occurring on or about the Premises, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of Lessee or its sub- tenants, or any person acting for Lessee or under Lessee 's control or direction. Such property damage and bodily injury insurance shall also provide for and protect Lessor against incurring any legal cost in defending claims for alleged loss. 5.02 Such commercial general liability insurance shall be maintained in full force and effect during the term of this Lease Agreement in the following amounts: Commercial general liability insurance with limits not less than $1,000,000 for each occurrence, combined single limit for bodily injury and property damage. (If a general aggregate limit is used, either the general aggre- gate limit shall apply separately to the Premises or the general aggregate limit shall be twice the required occurrence limit) (Any deductibles or self - insured retentions must be declared to and approved by Lessor. At the option of Lessor, either the insurer shall reduce or eliminate such de- ductibles or self - insured retentions as respects Lessor, its officers, officials, employees and vol- unteers, or Lessee shall provide a financial guarantee satisfactory to the Lessor guaranteeing payment of losses and related investigations, claims administration and defense expenses.) 5.03 Lessor and its officers, officials, employees, and volunteers shall be named as additional insureds on all liability policies and policies shall provide that their coverage is primary. 5.04 Fire and Casualty Insurance. At all times during the Lease term, Lessee shall, at Lessee 's sole cost and expense, keep all buildings, improvements, and other structures on the Premises insured for their full insurable value by insurance companies authorized to issue such insurance Page 5ofl8 in Georgia against loss or destruction by fire and the perils commonly covered under the stand- ard extended coverage endorsement to fire insurance 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, tornado, hail, explosion, riot, riot attending a strike, civil com- motion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. 5.05 Any proceeds received because of a loss covered by such insurance shall be used and ap- plied in the manner required by Section 5.06 of this Lease Agreement. 5.06 Deposit of Insurance With Lessee. Lessee shall within 10 days after the execution of this Lease Agreement and promptly thereafter when any such policy is replaced, rewritten, or re- newed, deliver to Lessor a true and correct copy of each insurance policy required by this Lease Agreement or a certificate executed by the insurer(s) or their authorized agent(s) evidencing such coverage. 5.07 Each insurance policy required under this Lease Agreement shall contain a provision that it cannot be materially altered or cancelled for any reason unless 30 days prior written notice of such change is given to Lessor. 5.08 If during the Lease term any buildings or improvements now or hereafter on the Premises be destroyed wholly or partially by fire, theft, the elements, or any other cause not Lessee's fault, this Lease Agreement shall continue in full force and effect if Lessee so elects, and Lessee, at Lessee 's own cost and expense, shall repair and restore the damaged or destroyed structures or improvements according to the original plan thereof unless otherwise approved in writing by Lessor. Lessee shall commence repair and restoration within 60 days after the damage or destruc- tion occurs and shall complete the work with due diligence. 5.09 Any and all fire or other insurance proceeds payable at any time during the Lease term because of damage or destruction of any structures or improvements on the Premises shall be paid to Lessee and applied by Lessee toward the cost of repairing and restoring the damaged or destroyed structures. Provided, however, that should Lessee legally terminate the Lease Agree- Page 6 of 18 ment because of damage to or destruction of the buildings or improvements on the Premises, all fire or other insurance proceeds payable because of such damage or destruction shall be paid to Lessor to compensate Lessor for the loss to Lessor 's damaged or destroyed buildings or im- provements or at least for such loss as can be recovered by receiving all such proceeds. LEASEHOLD IMPROVEMENTS 6.01 Improvements Approval. (a) Any improvements other than the normal and necessary day to day maintenance required to maintain the Leased Premises shall be done in conformity with plans and specifications prepared by or for the Lessee and Lessee shall not commence any such work until Lessor (by and through its Director) shall have approved said plans and specifi- cations. Lessor shall review the plans and respond to Lessee within fourteen (14) days with re- gard to Lessee's proposed plans and specifications. All of Lessee's work shall be done in ac- cordance with the plans and specifications approved by the Lessor; provided, however, that no approval by the Lessor shall be deemed an affirmation that such drawings or improvements con- structed in accordance therewith are in compliance with applicable building codes or other appli- cable ordinances and regulations, nor shall any such approval by Lessor relieve Lessee from its obligations, at Lessee's sole cost and expense, to make any architectural and/or construction chang- es to such drawings or improvements necessary to comply with all applicable governmental ordi- nances and regulations, and the approved plans and specifications. (b) Any Improvements that may potentially impact any lake, river, stream, creek, drainage ditch or other body of water shall be reviewed and approved by Lessor and any other appropriate or required local, State and /or Federal regulatory offices and agencies, including the U.S. Army Corps of Engineers, prior to construction of these Required Improvements. 6.02 Improvements upon Lease Termination. Upon the expiration or earlier termination of this Lease, improvements benefitting the Leased Premises shall remain the property of the Lessor. 6.03 General Improvements. Separate and apart from the Improvements that are approved by the Lessor, it is anticipated over the life of the Lease that additional Capital Improvements ( "General Improvements ") may be needed. If such General Improvements are deemed necessary Page 7 of 18 by the Lessee then, in that event, it shall be Lessee's responsibility to make and pay for these General Improvements. 6.04 Construction. Lessee agrees to indemnify and hold harmless Lessor and its Board of Commissioners, directors, agents, employees, and assigns against any mechanics' or materialsmen's Liens against the Premises and against any claims, losses, damages or liability whatsoever to person or property arising out of the construction or maintenance thereof, however caused, whether due to the acts or omissions of Lessee, its agents, contractors, servants or em- ployees, or by reason of any unsafe condition of the Premises caused thereby; and Lessee agrees to carry and cause its contractors and subcontractors to carry, adequate workmen's com- pensation insurance to protect Lessor against claims of employees of Lessee. The construction, erection, and placement of all Capital Improvements shall be subject to Lessor's review and ap- proval and shall be in accordance with all federal, state, and local laws and regulations, the most restrictive of which shall apply. In no event shall Lessee be permitted to remove or demolish any improvements) or fixtures constructed or installed at the Premises without Lessor's prior written consent. Upon the expiration or termination of this Sublease, the improvements and all appurte- nances and attachments thereto constructed by The Patch hereunder shall be and remain the property of the Lessor and in the event of an anticipatory breach of this Lease by reason of the filing of any voluntary or involuntary petition for receivership or bankruptcy, or the appointment of any trustee for Lessee, the buildings and improvements so erected by Lessee shall be retained by Lessor. 6.05 SPLOST Funding. Lessor will contribute up tp $150,000.00 in SPLOST VI fund for Premises' improvements. Construction for Premises' will be managed by Lessee and will be re- imbursed with a maximum of three(3) installments by Lessor after Lessor has inspected and ap- proved the successful construction/installation of improvements including, but not limited to the following categories: athletic field; building; fencing; lightning; parking; road; park amenities; and general landscaping. GENERAL PROVISIONS 7.01 Lessee shall indemnify and hold Lessor and Lessor 's property, including the Premises Page 8 of 18 subject to this Lease Agreement, free and harmless from any and all liability, loss, damages, fines, penalties, claims, 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 or suffer any liens of any kind to be filed against the Premises as a result of any obligation, malfeasance, negligence, or omission of Lessee, and that Lessee shall diligently take all necessary and proper steps to remove and dis- charge any liens which are filed. 7.03 Should Lessee, in Lessee's sole discretion, desire by appropriate legal proceedings brought in good faith and diligently prosecuted in Lessee 's name, or in the names of Lessee and Lessor when appropriate or required, to contest the validity or applicability to the Premises of any law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency or entity, any such contest or proceeding, alt- hough maintained in the names of Lessee and Lessor, shall be without cost to Lessor, and Lessee shall protect the Premises and Lessor from Lessee's failure to observe or comply during the con- . test with the contested law, ordinance, statute, order, or regulation. 7.04 Entry by Lessor. Lessee shall permit Lessor, and Lessor 's agents and assigns, to enter the Premises, at any time, for the purposes of inspection for compliance with the terms of this Lease Agreement, exercise of all rights under this Lease 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 Lessor on the last day of the term or on sooner termination of this Lease Agreement, in the same condition as when received, reasonable use, wear, and damage by fire, act of God, and the elements excepted, and to remove all of Lessee 's property from the Premises. At all times during this Lease Agreement Lessee shall, at Lessee 's sole cost and expense, keep and maintain the Premises and all present and future improvements on the Premises in good order and repair and in a safe and clean condition. Lessee shall, at Les- see 's sole cost and expense, maintain at all time during the term of this Lease Agreement the whole of the Premises, as well as any improvements, landscaping, and facilities on the Premises Page 9 of 18 in a clean, sanitary, neat, tidy, orderly, and attractive condition. Lessee agrees to pay Lessor in full and promptly upon demand for loss or damage to Lessor 's property arising from this Lease Agreement. 7.06 Lessor makes no covenant or warranty respecting the Premises's condition or suitability for. Lessee's authorized or proposed uses under this Agreement. Lessee represents that Lessee has made an independent inspection of the Premises and is not relying upon any representation or warranty whatsoever from Lessor as to suitability or fitness for Lessee's desired uses. Lessor does not warrant the security of Lessee 's personal property or fixtures on the Premises, including but not limited to vehicles, inventory, and equipment 7.07 All costs incurred by Lessee in connection with Lessee's operations upon the Premises, including but not limited to costs of preparing the Premises for Lessee 's use and occupancy, re- fuse removal, water, electricity, and other utilities, shall be borne and paid solely by Lessee when due. 7.08 Lessee, as a material part of the consideration of this Lease Agreement, hereby waives all claims against Lessor for property damage of any kind whatsoever, and for injuries to persons, in or about the Premises from any cause arising at any time, except for negligence on the part of Lessor, its officers and employees; and Lessee shall indemnify, defend, and hold Lessor, its of- ficers, officials, employees, volunteers, contractors, and agents harmless from any loss, damage, liability, or death or injury to any person or injury to property (including attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or dam- age whatsoever caused to any person or to the property of any person arising directly or indirect- ly out of or related to this Lease Agreement or Lessee 's officers, employees, contractors or agents. 7.09 Lessee shall not be responsible for (and such indemnity shall not apply to) any active negligence, sole negligence or willful misconduct of the Lessor or its officers, officials, employ- ees, contractors or agents. Nothing contained in the insurance requirements shall be construed as limiting the extent of Lessee's responsibility for payment of damages resulting from Lessee's op- Page 10 of 18 erations under this Lease Agreement. 7.10 This Lease Agreement is subject to all existing easements, servitudes, licenses, and rights of way for canals, ditches, levees, roads and highways, and telephone, telegraph, cable, commu- nication, and electric power lines or facilities, and railroads, pipelines, and other purposes, whether or not of record. 7.11 Lessor hereby covenants and agrees that if Lessee pays the rent as provided in this Lease Agreement and faithfully performs the terms and conditions on 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, without hindrance or interference from Lessor. 7.12 Lessee shall not commit or permit others to commit any waste or nuisance upon the Premises, or commit or allow any other act on the Premises that could disturb the quiet enjoy- ment of Lessor, any other tenant of Lessor, or persons properly upon the Premises or upon adja- cent or nearby property 7.13 Neither this Lease Agreement nor any interest in it shall be assigned, either voluntarily or involuntarily, by Lessee, or by operation of law or otherwise, nor shall the Premises, or any part of it, be sublet by Lessee without the prior written consent of Lessor, which consent may be giv- en or withheld in Lessor's sole discretion. Any such assignment or sublease without such prior written consent of Lessor shall be void. Lessor shall have the right to assign or transfer this Lease Agreement or any rights in or to it. 7.14 Lessee shall perform no alterations to or construction on the Premises without Lessor's prior written consent. Any such construction or alteration shall proceed only in accordance with such conditions as Lessor shall impose in connection with its consent to such alterations or con- struction. 7.15 Notices required by law or this Lease Agreement shall be in writing and shall be deemed duly served and given when actually delivered in person by a party or its agent or its delivery Page 11 of 18 service to the intended recipient, or, in lieu of such personal service, when deposited in the Unit- ed States mail, first -class postage prepaid, addressed to As to Lessor: With a copy to: Fred Russell, Administrator Augusta, Georgia 530 Greene Street Room 801 Augusta, Georgia 30901 Tom Beck, Director Parks, Recreation and Facilities Department 2027 Lumpkin Road Augusta, Georgia 30906 For purposes of Notices hereunder, the address of Lessee shall be: AUGUSTA ARSENAL SOCCER CLUB, INC. c/o Tom Norton 3824 Maddox Road Augusta, Georgia 30909 7.16 Time is hereby expressly declared to be of the essence of this Lease Agreement and of each and every provision of it, and each such provision is hereby made and declared to be a ma- terial, necessary and essential part of this Lease Agreement. 7.17 This Lease Agreement supersedes alI oral agreements and understandings between the parties and constitutes their whole agreement regarding the Premises. This Lease Agreement cannot be changed orally but only by agreement in writing signed by the parties. 7.18 Governing Law. This Lease shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of Georgia, and exclusive jurisdiction shall be in the Superior Court of Richmond County, Georgia. All claims, disputes and other matters in question between Lessor and Lessee arising out of or relating to this Lease Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Lessee, by Page 12of18 executing this Lease Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Rich- mond County, Georgia. 7.19 In any action or proceeding by either party to enforce this Lease Agreement or any provi- sion of it, the prevailing party shall be entitled to all costs incurred (including expert witness fees) and to any reasonable attorneys' fees incurred either at trial or on appeal. 7.20 This Lease Agreement shall be binding on and shall inure to the benefit of the heirs, ex- ecutors, administrators, successors, and assigns of the parties to this Lease Agreement, but noth- ing in this paragraph shall be construed as consent by Lessor to any assignment of this Lease Agreement or any interest in it by Lessee. 7.21 If any term or provision of this Lease Agreement or any application thereof shall be inva- lid or unenforceable, the remainder of this Lease Agreement and any other application of such terms or provisions shall not be affected thereby. 7.22 The captions of this Lease Agreement are for convenience of reference only and shall not define or limit any of its terms or provisions. 7.23 All of Lessee's covenants hereunder shall be deemed and construed to be conditions as well as covenants as though the words specifically expressing or imparting covenants and condi- tions were used in each separate instance. 7.24. The waiver by Lessor of any breach by Lessee of any of the provisions of this Lease Agreement shall not constitute a continuing waiver or waiver of any subsequent breach by Les- see of the same or a different provision of this Lease Agreement. No failure by Lessee or Lessor to insist upon 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 subsequent breach at the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Lease and no breach of this Lease shall be waived, altered, or modified except by a written in- strument. A waiver of any breach of this Lease shall only affect this Lease to the extent of the Page 13 of 18 specific waiver, and all covenants, agreements, terms and conditions of this Lease shall continue in full force and effect. 7.25 No Presumption Regarding Drafter. Lessor and Lessee acknowledge and agree that the terms and provisions of this Lease have been negotiated and discussed between Lessor and Les- see, and that this Lease reflects their mutual agreement regarding the subject matter of this Lease. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either Lessor or Lessee to be the drafter of this Lease, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Lease. 7.26 The relationship created by this Lease Agreement is one of Lessor / Lessee. This Lease Agreement is not intended to create a joint venture or any relationship other than that of Lessor / Lessee. 7.27 Lessor 's remedies hereunder shall not be exclusive but shall be cumulative with and in addition to all remedies allowed by law. DEFAULT, TERMINATION, AND CONTINUANCE OF LEASE 8.01 Abandonment by Lessee. Should Lessee breach this Lease Agreement and abandon the Premises prior to the natural expiration of the Lease term, Lessor may continue this Lease in ef- fect by not terminating Lessee's right to possession of the Premises, in which case Lessor shall be entitled to enforce all Lessor's rights and remedies under this Lease Agreement including the right to recover rent as it becomes due. 8.02 Termination by Lessor upon Default. Should Lessee default in performance of any cove- nant, condition, or agreement contained in this Lease Agreement and the default not be cured within 10 days after written notice by Lessor, Lessor may terminate this Lease Agreement and bring an action to recover from Lessee the worth at time of award of unpaid rent which had been earned at the time of termination of the Lease Agreement, all amounts necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform Lessee's obligations 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 of the foregoing, to reenter and regain possession of the Property in the manner provided by the laws of Georgia. 8.03 Termination by Lessor Upon Insolvency of Lessee. Should Lessee become insolvent, Lessor may, by giving 30 days written notice to Lessee, terminate this Lease Agreement and for- feit Lessee's interest in the Property and in any improvements or facilities in, on, or appertaining to the Premises. For purposes of this subsection, Lessee shall be conclusively presumed to have become insolvent if Lessee has a receiver appointed to take possession of all or substantially all of Lessee's property because of insolvency; makes a general assignment for the benefit of credi- tors; or allows any judgment against Lessee to remain unsatisfied and unbonded for 30 days or longer. 8.04 Termination by Lessor for Adverse Effects on Other Premises. Lessee specifically agrees to take all necessary measures during the term of this Lease Agreement to eliminate and abate any adverse effects of Lessee's operations upon residential and/or other property in the vicinity, including without limitation noise, odor, etc. In the event of Lessor 's. receipt of a complaint or complaint from any person regarding Lessee's operations hereunder, Lessee agrees to cooperate fully with Lessor to promptly and effectively remove or satisfactorily reduce the noise or other aspect of Lessee's business operations giving rise to the complaint. If such corrective actions by Lessee fail to resolve the problem within five days and one or more complaints continue to be lodged with Lessor, Lessor may, by giving ten days written notice to Lessee, terminate this Lease Agreement and forfeit Lessee's interest in the Property and in any improvements or facilities on, in, or appertaining to the Premises. 8.05 Termination by Lessor for Convenience. Lessor may terminate this Lease Agreement in part or in whole upon written notice to the Lessor. [SIGNATURES ON FOLLOWING PAGE] Page 15 of 18 IN WITNESS WHEREOF, the parties have executed or caused this Lease to be executed as of the day and year first written above. Signed, sealed and delivered 1 Notary Wit e By: Name: e presence o t 0 .� EA. ( C ® Signed, sealed and delivered in t. e presence of: Notary Public Witnes ,,pp By: !` Name: O (,444 P. frt,e- . 6ptfc s 01-0 9 —/6 AUGUSTA, GEORGIA By: of David S. Copenhaver As its Mayor 4/2/ • 1.. By: /.� /1� � ,� /L Lena J. B•,' er, Clerk of Commission By GU Its: r • Page 16 of 18 ER CLUB, INC. (seal) EXHIBIT A All that 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 for Augusta Georgia by Toole Surveying Company, Inc. dated September 16 2005, reference being made to said plat for a more complete and accurate description of the metes, bounds, courses, distances and location of said property. A copy of said plat is attached hereto as Exhibit A — 1. Page A PLA 1' IBF 1422 t99 62 .(5 M - 0 X G OZg `0— 100 1 o, 1 N_ 1 1 1 TM 039 -0-010 -00-0 9. 151 029 -0-019 -00-0 1' G 1m NEW PROPERTY 1JNE 1 � iy17 169.92' NOTE: AU. 1UPROYEMENTS I NOT SHOWN. y r 1 26t` 1 � 1 W 1 > TA 1 OL �A 1 1 126'' 1 TRACT 'B" m 0.92 AC. 199.12 51121'26 E SCALE N6925'45 "E 50.00' 142 ,01 15 `N 91 t' - 100' TRACT "A" 7.93 AC. SPECIAL 1401E: COMMUNITY PARK ROAD 50' R/W According to the Flood 'neurones Role maps for community Panel Number 130158 0055 8 Dated FEBRUARY 04, 1987 Ihts property doe. not appear to Ile withIn the 100 year Rood plots. 19 100 FEET 337.43' 536.55' (9) PLAT FOR NOTE: 1. PROPERTY UNE 'A', 'B' & ESTABLISHED BY JOE HOLLEY, JR AT GEORGIA CAROUNA SIAiJEY1NG k ENGINEERING RECORDED IN PLAT CABINET 'C', SURE I, PLAT 'O 2. ALL CORNERS ARE /4 REBARS SET UNLESS OTHERWISE SHOWN. TECRNICAL DATA DATE OF SURVEY - 9115 -05 .. EQUIPMENT USED - 141KON 0151 530 ANGULAR ERROR - 4' /ANGLE PRECISION - 1 IN 30,092 NO ADJUSTMENT PLAT CLOSURE: 1 IN 391,338 (TRACT 'A') 1 94 105,308 (TRACT 'B') (C) 5' IF X8 4r# 70 me INTERSECnaY OF &XX R0.40 AUGUSTA-RICHMOND COUNTY COMMISSION 5N01MNG TAX MAPS 029 -0- 019 -00-0 & 039 -0- 010 -00-0 AKA SUE REYNOLDS PARK RICHMOND COUNTY, GEORGIA SEPTEMBER 16, 2005 — Prepared By— Toole Surveying Company Inc. 30g 4th Street Phone (708) 722 -4115- Augusta, Georgia 30901 Fm (706) 722 - 4119 - - -- www,looleswrveytng.com TM 029 -0-019 -00-0 & 039 -0- 010 -00 -0, JOB / 05193P, 41351