HomeMy WebLinkAboutLEASE AGREEMENT BETWEEN AUGUSTA, GEORGIA AND PINETUCKY SKEET AND TRAP CLUB STATE OF GEORGIA )
LEASE AGREEMENT
RICHMOND COUNTY )
THIS LEASE AGREEMENT, made this 2day of November , 2016, by and
between, Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter
referred to as "Lessor"), by and through its Environmental Services Department, and
Pinetucky Skeet and Trap Club, a non-profit corporation organized under the laws of
the State of Georgia (hereinafter referred to as "Lessee");
WITNESSETH:
1. Premises: The Lessor, for and in consideration of the rents, covenants,
agreements, and stipulations hereinafter set forth, to be paid, kept and performed by the Lessee,
does hereby lease unto the said Lessee, and said Lessee hereby agrees to lease and take upon the
terms and conditions which hereinafter appear, the following property, more particularly
described in Figure 1 attached hereto.
2. Term: This Lease Agreement shall commence on November ,2016
(Execution Date). The term of this Agreement shall be ten (10) years from the Execution Date of
this Agreement. This Agreement shall (i) terminate absolutely and without further obligation on
the part of Augusta each and every December 31st, as required by OCGA § 36-60-13, as
amended, unless terminated earlier in accordance with the termination provisions of this
Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with
the termination provisions of this Agreement; and (iii) terminate absolutely, with no further
renewals no later than exactly ten (10) years from the date of execution, unless extended by
written amendment.
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Upon mutual agreement of Lessor and Lessee, the lease may be renewed for an additional
ten (10) years upon the expiration of the initial ten-year term. The term of this Lease may be
extended only by a written request for renewal from the Lessee received by Lessor at least ninety
(90) days prior to the beginning of the applicable renewal term. Said renewal must be approved
by the Augusta, Georgia Board of Commissioners and executed by the Mayor and the Lessee in
accordance with the terms of this Agreement.
3. Rental: Tenant shall pay to Landlord during the term of this Lease a yearly rental
payment in the amount of ten dollars ($10.00)payable in advance of the first day of the Lease
term.
4. Use of Premises: The Premises shall be used by the Lessee only for the purpose
of a non-profit skeet, trap, and shooting range. The Premises shall not be used for any illegal
purpose, in any manner that creates a nuisance or trespass, in any manner so as to impact the
environmental attributes of the property, in any manner where items are placed or stored on the
property for skeet, trap, and shooting activities that could impact Lessor's permits, or in any
manner to invalidate the insurance or increase the rate of insurance on the Premises.
5. Special Conditions: Upon entering into this Lease Agreement, the following
conditions shall apply:
(a) The Lessee may erect improvements on the property necessary for a skeet,
trap, and shooting range; and
(b) The Lessee shall have the right of ingress and egress on and across the
designated property of Lessor adjoining the Premises on such roadway as
Lessor shall designate; and
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(c) Said premises shall be open and available to all members of the public for use
as a skeet, trap, and shooting range.
(d) During the duration of the Lease, Lessee shall keep the Premises clean and
void of debris, including, but not limited to shell casings, garbage, wires, and
other items associated with the operation of a skeet, trap, and shooting range.
(e) Prior to the conclusion of the Lease, Lessee shall restore and clean the
Premises to a condition that is equal to or better than the condition of the
premises upon the beginning of the lease term.
(f) Due to the expansion of the landfill, Lessor may, at any time during the Lease,
relocate Lessee from the designated Premises of this lease to other similarly
situated property of condition, size, and character.
6. Ownership: The premises shall remain the property of the Lessor throughout the
term of the lease.
7. Destruction of or Damage to Premises: If the Premises are totally destroyed by
storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the date
of such destruction.
8. Assignment and Subletting: Lessee may not sublease all or any portion of the
Premises or assign this Lease or any interest hereunder, without prior written consent of the
Lessor.
9. Signs: Lessee shall place no sign or signs upon Premises except with the written
consent of the Lessor. Any and all signs placed on the Premises by Lessee with the consent of
the Lessor shall be maintained in compliance with rules and regulations governing such signs
and the Lessee shall be responsible to Lessor for any damage caused by installation, use, or
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maintenance of said signs, and Lessee agrees upon removal of said signs to repair all damages
incident to such removal.
10. No Estate in Land: This Lease Agreement shall create the relationship of Lessor
and Lessee between the parties hereto and no estate shall pass out of Lessor during the term of
the lease.
11. Termination: Lessor may terminate this Agreement in part or in whole upon
written notice to the Lessee. Lessor also has the right to terminate this Lease if in any instance
the Premises are no longer used by the Lessee for the purpose of providing a skeet, trap, and
shooting range, are used for an illegal purpose, are used to create a nuisance or trespass, are used
in such a manner as to impact the environmental attributes of the property, are used for storage or
contain items from skeet, trap, and shooting activities that could impact Lessor's permits, or are
used so as to invalidate the insurance or increase the rate of insurance on the Premises. Lessee
may terminate this agreement at any time; however, in doing so, Lessee shall relinquish all
rights, claims or interest, present or future, in the premises. Upon Lessee's termination of this
Agreement, Lessor shall immediately take possession of the Premises and Lessor shall be free to
do with said Premises as it sees fit. In the event of termination of this Lease, fixed improvements
upon the premises shall become the property of Lessor.
12. Holding Over: If Lessee remains in possession of Premises after expiration of the
term hereof, with Lessor's acquiescence and without any express agreement of parties, Lessee
shall be a tenant at will at the rental rate in effect at the end of this Lease; and there shall be no
renewal of this Lease by operation of law.
13. Exculpation and Indemnification: The Lessee shall save Lessor harmless and
indemnify Lessor from all injury, loss, claims or damage to any person or property while on the
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Leased Premises, unless caused by the willful acts or omissions or gross negligence of Lessor, its
employees, agents, or licensees. Lessee shall maintain, with respect to the Leased Premises,
public liability insurance as defined in Paragraph 19 of this Agreement. A copy of the policy or
a certificate of insurance shall be delivered to Lessor on or before the commencement date of this
agreement and no such policy shall be cancellable without thirty (30) days prior written notice to
Lessor.
The Lessee shall be responsible, upon commencement of this Agreement, for all injury or
damage of any kind resulting from its use of the leased Premises or arising out of this
Agreement, to persons or property, including employees and property of the Lessor, Lessee's
members, customers, patrons, and other members of the general public at large. The Lessee shall
exonerate, indemnify, and save harmless Lessor, its elected officials, officers, employees, agents
and servants (hereinafter collectively referred to as "Augusta" or"Indemnity") from and against
all claims or actions based upon or arising out of any damage or injury (including without
limitation any injury or death to persons and any damage to property) caused by or sustained in
connection with the leased Premises or arising out this Agreement or by conditions created
thereby or arising out of or any way connected with the leased Premises or arising out of this
Agreement, as well as all expenses incidental to the defense of any such claims, litigation, and/or
actions. Furthermore, Lessee shall assume and pay for, without cost to Lessor,the defense of
any and all claims, litigation, and actions suffered through any act or omission of the Agreement,
or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of
any of them. Notwithstanding any language or provision in this Agreement, Lessee shall not be
required to indemnify any Augusta Indemnitee against claims, actions, or expenses based upon
or arising out of Augusta Indemnitee's sole negligence.
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As between Augusta Indemnitees and the Lessee as the other party, the Lessee shall
assume responsibility and liability for any damage, loss, or injury, including death, of any kind
or nature whatever to person or property, resulting from any kind of claim made by Lessee's
employees, agents, vendors, or suppliers caused by or resulting from the use of the leased
Premises or arising out of this Agreement, or caused by or resulting from any error, omission, or
the negligent or intentional act of the Lessee, vendors, or suppliers, or any of their officers,
agents, servants, or employees. The Lessee shall defend, indemnify, and hold harmless Augusta
Indemnitees from and against any and all claims, loss, damage, charge, or expense to which they
or any of them may be put or subjected by reason of any such damage, loss, or injury.
The Lessee expressly agrees to provide a full and complete defense against any claims
brought or actions filed against Augusta Indemnitees, where such claim or action involves, in
whole or in part, the subject of the indemnity contained in this Agreement, whether such claims
or actions are rightfully or wrongfully brought or filed. Lessor has the sole discretion to choose
the counsel who will provide the defense. No provision of this Agreement and nothing herein
shall be construed as creating any individual or personal liability on the part of any elected
official, officer, employee, agent or servant of Augusta, nor shall the Agreement be construed as
giving any rights or benefits hereunder to anyone other than the parties to this Agreement.
The parties agree that Lessee shall be liable for all fines or civil penalties which may be imposed
by any local, federal or state department or regulatory agency that are a result of Lessee's use of
the leased Premises or arising out of this Agreement. Lessee shall pay the costs of contesting
any such fines. Lessee's obligations pursuant to this Article shall survive any acceptance of
work, or termination or expiration of this Agreement. Lessor shall give the Lessee timely notice
of, and shall forward to Lessee every demand, notice, summons or other process received with
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respect to any claim or legal proceedings within the purview hereof,but the failure of Lessor
provide such notice shall not affect such rights to indemnification.
14. Rights Cumulative: All rights, powers and privileges conferred hereunder upon
Lessor shall be cumulative but not restrictive to those given by law.
15. Service of Notice: Any notice, demand, request, approval, consent, or other
communication (hereinafter referred to as "notice"), which Lessor or Lessee may be required to
permit to give to each other shall be in writing and shall be mailed in an official United States
Post Office, certified or registered mail, return receipt requested, with adequate postage prepaid,
to the other party at the address as each party as designated in this Lease or shall have changed
by proper notice in writing to the other. Such addresses are as follows:
Lessor: Augusta, Georgia
Office of the Mayor
535 Telfair Street, Suite 200
Augusta, GA 30901
Lessee: Pinetucky Skeet &Trap Club, Inc.
P.O. Box 211996
Martinez, GA 30917
If notice is not an answer or reply to a previous notice from the other party, the time of rendition
of such shall be the date when the receipt is signed, refused or returned unclaimed. If the notice
is an answer or reply to a previous notice from the other party, the time of rendition of such shall
be the date postmarked by the United States Postal Service. In the event of a postal strike or
other interference with the regular delivery of mail, notices may be served in person or by
telegram in lieu of certified or registered mail,but shall be effective upon receipt.
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other interference with the regular delivery of mail, notices may be served in person or by
telegram in lieu of certified or registered mail,but shall be effective upon receipt.
16. Waivers of Rights: No failure of Lessor to exercise any power given it hereunder
or to insist upon strict compliance by Lessee with any of its obligations hereunder and no custom
or practice of the Lessor at variance with the terms hereof shall constitute a waiver of Lessor's
right to demand strict compliance with terms hereof.
17. Time of Essence: Time is of the essence of this Agreement.
18. Inspection by Lessor: Lessor, its authorized officers, employees, agents or
representatives shall have the right to enter upon the premises to make inspections during regular
business hours when a representative of the Lessee is present, or at any time in case of
emergency and/or to determine whether Lessee has complied with and its complying with the
terms and conditions of this agreement; provided, however, that said inspection shall in no event
unduly disrupt or interfere with the operation of the Lessee.
19. Insurance: Lessee hereby agrees to maintain at all times at Lessee's expense,
comprehensive general public liability insurance coverage for claims against bodily and/or
property damage occurring in connection with the use and occupancy of the leased premises in
the minimum amount of $500,000.00. Lessee hereby agrees to also maintain at all times, at
Lessee's expense, Workmen's Compensation Insurance. All policies including insurance
coverage requirement to be maintained by Lessee shall be issued by an insurance carrier or
carriers, licensed to do business in the State of Georgia having an "A" or better rating. Upon the
execution of this Lease, Lessee shall provide a certificate of all insurance required hereunder to
Lessor. Lessor shall be an additional named insured on all insurance policies.
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20. Open Records: The Lessee acknowledges that all records relating to this
Agreement and the services to be provided under this Agreement may be a public record subject
to Georgia's Open Records Act. (O.C.G.A. § 50-18-70, et seq.). Lessee shall cooperate fully in
responding to such request and making all records, not exempt, available for in section and
copying as provided by law. Lessee shall notify Lessor immediately of any request made under
the Open Records Act and shall furnish Lessor with a copy of the request and the response to
such request.
21. Governing Law: This Agreement shall be governed and interpreted by the laws
of the State of Georgia.
22. Venue: All claims, disputes and other matters in question between the Lessor and
the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in
the Superior Court of Richmond County, Georgia. The Lessee, by executing this Agreement,
specifically consents to venue in Richmond County and waives any right to contest the venue in
the Superior Court of Richmond County, Georgia.
23. Entire Agreement: This Lease contains the entire agreement of the parties and no
representations, inducements, promises or agreements, oral or otherwise, between the parties not
embodied herein shall be of any force or effect. No failure of either party to exercise any power
given it hereunder, or to insist upon strict compliance by either party of any obligations
hereunder and no custom or practice of the parties at variance with the terms hereof. This
Agreement may only be amended by writing signed by both parties.
[ SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
AUGUSTA, GEORGIA PINETUCKY SKEET & TRAP CLUB, INC.
Lessor� Lessee
7' Gj
By By 747A7/._,A4Z----
-
410Hardie Davis, Jr., Mayor
12/Ili/lG` .,,.. ,. As its `,,
r *' 4 4 I Sworn to and subscribed before me this O�
, ,
Attest: � ��e,d � ., �
ell. J. Bo-t" :j,0°iRA _ ........:6, y 1 day of�eC��� , 2016.
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