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Home My WebLink AboutBILLBOARD LEASE BETWEEN WILLIE E. JOHNSON AND AUGUSTA GA LEASE ONE YR NOV 2012 AND ENDING OCT 31ST 2013Lease # BILLBOARD LEASE This Agreement is made this /0 da y of S r - . - 20J4 by and between W f/i G if, J.4 ii1. ,+ (hereinafter called "L ` SSOR ") and Augusta, Georgia, a political subdivision of the State of Georgia (through the Augusta Housing & Community Development Department (hereinafter called "LESSEE "). 1. PREMISES. LESSOR does hereby lease and demise to LESSEE space for outdoor advertising purposes a portion of the real property located at / /o/ , Laney Walker Boulevard at a location mutually agreeable to the parties in the section of the property at such location (such designated area hereinafter being called the "Premises"). 2. TERM. The term of this Lease shall be one (1) year beginning on the first day of November, 2012 and ending on the 31 of October, 2013, subject to the conditions of Paragraph 11 hereof. 3. RENTAL. The total rental payable during the term shall be Two - thousand, four hundred and 00 /100 Dollars ($2,400). Payments shall be made in twelve (12) equal monthly installments of $200 per month due on the first day of each month. 4. RENEWAL OPTION. LESSEE shall have the right to renew this Lease for four (4) additional (1) year terms upon the same terms and conditions contained herein. Lessee must notify Lessor in writing of its intent to exercise its option rights at least thirty (30) days prior to term expiration. 5. USE. The Property is leased for the sole purpose of construction, operations and maintenance of outdoor advertising display(s). LESSEE is herewith, subject to the conditions contained herein, the sole and exclusive right to display advertising copy on the Premises unless otherwise specified in this lease agreement. The LESSEE shall have the right to erect, place and maintain advertising sign structures and equipment therefor on the demised premises to post, paint, illuminate and maintain advertisements on such structures. All structures, equipment and materials placed upon the said Premises by the LESSEE shall always remain the property of, and may be removed by the LESSEE at any time prior to or within a reasonable time after the expiration of the term hereof or any extension hereof, provided LESSEE shall first give LESSOR no less than one business day's prior notice of LESSEE's intention to service, maintain, erect, replace or remove any sign structure, equipment or other property placed upon the Premises by LESSEE. 6. CONSTRUCTION. Construction of the outdoor advertising structure shall be comprised exclusively of three wood poles, supported by a metal frame. Repairs to the structure which are necessary to comply with local sign ordinances shall be Page 1 of 4 performed by LESSEE or LESSEE's agents, at LESSEE's sole cost and expense, in strict conformity with all applicable federal, state and local laws, rules and regulations. 7. INSURANCE AND INDEMNIFICATION. LESSEE shall be self - insured for or shall obtain liability insurance for any and all damages resulting in personal injury or property damage in connection with the erection, servicing, maintenance, removal, replacement of the sign structure(s), equipment and other property placed on the Premises by LESSEE and all other occurrences arising out of LESSEE's use of the Premises LESSEE shall indemnify and hold LESSOR and all of LESSOR's affiliated companies, officers, directors and employees (all of such entities collectively being included in the term "LESSOR" for the purposes of this Paragraph) from and against any and all liability arising out of LESSEE's use of, or act or omission in connection with, the Premises Such indemnification shall included but not be limited to reimbursing LESSOR for all reasonable damages, costs, fees (including attorneys' fees), expenses and claims made against LESSOR arising out of LESSEE's use of the Premises. The obligation of LESSEE to indemnify LESSOR and hold LESSOR harmless shall cease upon the termination of this Lease Agreement. 8. RELOCATION OF BILLBOARDS. In the event the Premises on which an outdoor advertising structure is located is sold, leased, improved or developed so as to necessitate the relocation of the outdoor advertising structure, LESSOR agrees, at LESSOR's sole expense, to relocate said outdoor advertising structure to a reasonable location of like value and exposure. 9. SUBLEASING. LESSEE shall have the right to sublease the Premises under the terms and conditions contained herein subject to LESSOR's prior written consent, such consent not to be unreasonably withheld. In the event of such subleasing, LESSEE shall remain fully liable for all obligations under this Lease Agreement, such subleasing having no effect on LESSEE's obligations hereunder. 10. TERMINATION. LESSEE shall have the right to cancel this Lease upon thirty (30) days prior written notice to LESSOR if any of the following occur: (a) LESSEE's signs or structures on the Premises are or become entirely or substantially obscured or destroyed through no fault of LESSEE and LESSEE chooses not to repair said signs, LESSEE to make such determination within thirty (30) days after the event causing the destruction or obscuration; failure to make such determination shall be deemed a waiver by LESSEE of such right to cancel; (b) The Premises are or become unsafe for maintenance of LESSEE's signs or structures, through no fault, act or omission of LESSEE; Page 2 of 4 (c) A permanent diversion of change of traffic occurs along the street or streets adjacent to, or leading past the Premises; (d) LESSEE is prevented by any present or future law, regulation or ordinance from constructing or maintaining such signs on the Premises. 11. CONDITIONS PRECEDENT TO LEASE'S EFFECTIVENESS. This Lease shall become effective and rental due hereunder only upon LESSEE's receipt of all necessary permits for the erection or maintenance of such signs and upon the erection of said signs as LESSEE may desire to construct or maintain on the Premises; 12. LESSOR'S COVENANTS. LESSOR covenants to LESSEE that: (a) It has the authority to make this Lease; (b) It will not permit any other billboards to be erected on the Premises; (c) It will not permit any shrubs, trees, vines, buildings, or other signs or billboards to be planted or erected on the Premises which would obstruct or materially impair the visibility of LESSEE's structure(s). 13. LESSEE'S COVENANTS. LESSEE covenants to LESSOR that it will: (a) Promptly pay rental as due pursuant to this Lease and abide by all of its terms and conditions; (b) Keep all signs, structures, billboard, equipment and related property placed on the Premises by LESSEE in good repair; (c) Use reasonableness in its cutting and trimming of trees, bushes, brush or other vegetation upon the Premises; (d) Use its best efforts to promptly attempt to procure all permits necessary for construction and maintenance of advertising structures on the Premises, all at LESSEE's sole cost and expense; (e) Comply with all laws, regulations, ordinances and rules including but not limited to any and all environmental laws, rules and regulations, applicable to the construction, erection, maintenance, replacement and removal of signs, sign structures and equipment used or placed on the Premises. (f) Not place in or on nor bring in or on to the Premises, any hazardous substance as such term is defined under state or federal law (whichever definition being more expansive). Page 3 of 4 By: (g) Not accept or place any advertising in or on any structure on the Premises for any entity or activity which competes with LESSOR or any affiliated entity of LESSOR. 15. REQUIREMENTS OF THE AUGUSTA, GEORGIA CODE. Both parties to this agreement are required to comply with all provisions of the AUGUSTA, GA CODE and all required clauses of the CODE are expressly included herein by reference. 16. MISCELLANEOUS. This Agreement shall be binding on the respective successors, and to the extent assignable on the assigns or nominees of the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. This Agreement may be recorded in any public office or repository. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement constitutes the complete, final and exclusive agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties in connection with this subject matter. The Agreement and the terms and conditions herein may not be modified except by a writing and signed by all parties hereto. LESSOR may freely assign, hypothecate, transfer and convey any or all of its rights, privileges, duties and obligations hereunder. LESSEE may sublease the Premises provided it is in strict conformity with Paragraph 9 above. This Agreement may be executed in counterparts with each copy having the full force and effect as if one agreement were executed. This Agreement may be executed via facsimile with the same force and effect as if one agreement were executed concurrently by all parties in person. LESSEE: Augusta, Georgia Housing & Development Office 925 Laney Walker Blvd. Augusta, GA 30901 ame: Frederick L. Russell Title: Administrator Augusta, Georgia Page 4 of 4 LESSOR: \Role t1 CA2 Ili T Business name and address By: N1A Name: %ULM e. Jpk1N N �(L• Title: nu311E12