HomeMy WebLinkAboutRIVERWALK MARINA STORE AND MARINA WAREHOUSE LEASE AGREEMENT STATE OF GEORGIA
COUNTY OF RICHMOND
RIVERWALK MARINA STORE AND MARINA WAREHOUSE LEASE AGREEMENT
THIS RIVERWALK, MARINA STORE AND MARINA WAREHOUSE LEASE
AGREEMENT, made and entered into, effective the jeaay of , 2017 by Augusta,
Georgia, a political subdivision of the State of Georgia(hereinafter re rred to as "Augusta"),
and Olde Town Pickers (hereinafter referred to as "Operator."
WITNESSETH:
Whereas,Augusta is the owner and operator of the Riverwalk Marina, consisting of that parcel
of land with improvements thereon, as shown in Exhibit"A"on the Savannah River, whose
address is#1 Fifth Street,Augusta, Richmond County, Georgia, Tax ID Parcel #037-4-001-04-0
(Tracts 1, 1A, 1B and 1C) and extending down-river until the Gordon Highway Bridge; and the
Riverfront Marina; all that parcel of land with improvements thereon, as shown in Exhibit"B"
with address as 103 Riverfront Drive, Augusta, Richmond County, Georgia, hereinafter called
the "Riverfront Marina". Said Riverfront Marina being situate, lying and being upriver from the
Boathouse and extending up-river until the point at which the extended East Boundary right of
way intersects the Savannah River; as well as the fenced portion including the Boat Storage
Warehouse building and property, hereinafter called the `Warehouse", whose address is#1
Levee Road in Augusta, Richmond County, Georgia, Tax Parcel ID 048-0-001-03-0 as shown on
Exhibit"C". Said Exhibits A, B and C being incorporated herein by reference.
Augusta Marinas shall also include any changes, additions, alterations, modifications,
and/or improvements on or to Augusta Marinas premises made in accordance with this
Riverwalk Marina Store and Marina Warehouse Lease Agreement.
WHEREAS,Augusta wishes the Operator to operate, and the Operator wishes to operate,
Augusta Marinas and facilities;
NOW THEREFORE,the parties hereto, for and in consideration of the mutual promises
herein contained, and other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged. DO HEREBY AGREE, each for itself and successors and assigns, as
follows:
1. CITY MARINAS. Defined. Augusta, by this duly approved authorization, does
hereby grant unto Operator, authority to operate said City Marinas; and Operator does
hereby accept the authority to operate said City Marinas as described.
2. TERM. City hereby grants authority to operate City Marinas, and Operator hereby
accepts authority to operate City Marinas, for consideration and upon and subject to
the terms and conditions set forth herein, for a term of three (3)years, commencing
upon the execution of this Agreement by all parties. Subject to the approval of
Augusta, Operator may exercise an option to renew this Agreement twice for one (1)
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year per renewal. Such exercise renewal must be exercised at least 180 days prior to
the expiration of the current lease term. 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, on , 2022, unless extended by written
amendment.
3. CONSIDERATION. As consideration for authority to operate City Marinas,
Operator agrees to compensate City in the amounts as shown:
a. In Year One,the amount of FIFTEEN HUNDRED ($1,500)per month for the
Riverfront Marina, and the amount of SEVEN HUNDRED FIFTY($750) for
the Warehouse,plus a payment for water, sewer and electric utilities in the
amount of TWELVE HUNDRED ($1,200)per month, for a total monthly
payment of THREE THOUSAND FOUR HUNDRED FIFTY($3,450).
b. In Year Two,the amount of EIGHTEEN HUNDRED ($1,800)per month for
the Riverfront Marina, and the amount of NINE HUNDRED ($900)PER
MONTH FOR THE Warehouse,plus a payment for water, sewer and electric
utilities in the amount of TWELVE HUNDRED ($1,200) per month, for a
total monthly payment of THREE THOUSAND NINE HUNDRED ($3,900).
c. In Year Three,the amount of TWO THOUSAND ONE HUNDRED SIXTY
($2,160)per month for the Riverfront Marina, and the amount of ONE
THOUSAND EIGHTY($1,080) for the Warehouse, plus a payment for water,
sewer and electric utilities in the amount of TWELVE HUNDRED ($1,200)
per month, for a total payment of FOUR THOUSAND FOUR HUNDRED
FORTY($4,440).
d. In Years Four and Five, payments for all rents, including utilities, would
increase by 5%Annually. Therefore,total monthly payment for Year Four
will be FOUR THOUSAND SIX HUNDRED SIXTY-TWO ($4,662), and
monthly payment for Year Five will be FOUR THOUSAND EIGHT
HUNDRED NINETY-FIVE ($4,895)
4. OPERATIONS. The Operator shall have an experienced manager on the premises at
all times that the Marina store is open. The conduct of the Operator's employees
shall be subject to reasonable regulation by Augusta. The Hours of Operation may
vary, but are subject to approval by the Augusta Commission. If Augusta has
evidence to reasonably believe that an employee of Operator is incompetent,
disorderly, or otherwise has performed his or her duties in an objectionable manner,
Augusta shall have the right to require the Operator to replace said employee. The
Operator's employees are expected to provide good customer service at all times.
5. FEE SCHEDULE, PATRON RULES AND REGULATIONS. All rentals of boat
slips,warehouse storage space (either dry or outdoor) or other rental agreements
within areas managed by the Operator shall abide by the fees, rules and regulations as
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stipulated within the Boat Slip Rental and Storage Agreement(Appendix"A") and
the Marina/Warehouse Rules and Regulations(Appendix"B"). Said fees shall be
posted in a conspicuous location at both the Marina Store and the Warehouse. These
fees shall be in effect for the duration of the Lease Agreement. Should any fee
changes be necessary during the course of this Lease Agreement, Operator shall
petition the Recreation and Parks Department, as well as the Augusta Port Authority,
for review of said changes prior to their submission to the Augusta Commission. Any
and all fee modifications MUST be fully approved by the Augusta Commission prior
to implementation. Changes to the Fee Schedule shall be made no more than once
per calendar year.
6. CONTACTS. Operator or Operator's staff will be expected to be available by phone
during normal business hours and for after-hours emergencies. Business hours and
contact phone numbers should be posted in a conspicuous place in both the Marina
Store and on the Warehouse fence.
7. CONCESSIONS. The Operator may sell concessions as it desires, however,there
will be no sale of alcohol on the premises. Additionally, any equipment that is
necessary for the sale of concessions must be furnished by the Operator. Augusta
reserves the right to review concession prices and suggest changes.
8. SPECIAL EVENTS. Operator will assist with any Augusta-sponsored or co-
sponsored events held at or near the Augusta Riverwalk and Riverfront Marina
without compensation from event organizers.
9. FUEL AND FUEL TANK. Operator will provide gasoline sales and operation by
acquiring all applicable petroleum vendor licensing. If the current underground
storage tanks (UST) are to be used, Operator must follow and comply with all UST
regulations and follow EPD and EPA requirements, including, but not limited to
O.C.G.A. § 12-13-1, et. seq. and 40 CFR Part 280, Subpart C (2000). In the event
that Operator chooses to use the USTs and a spill or leak occurs, Operator shall
indemnify and reimburse Augusta for the cost of said cleanup. NOTE: The diesel
fuel tank will be rendered inoperable by Augusta, so that no accidental filling of said
tank occurs. No diesel fuel will be sold by the Operator during the lease period.
10. UTILITIES. Operator shall obtain utilities in their name, including electricity, gas,
water/sewerage, and telephone. Augusta will continue to provide and maintain
utilities and landscaping for the common areas used by the general public at large.
Common Area Utilities include: street and sidewalk lighting, fountains, and garbage,
water, and sewer services. Operator will be responsible for Utilities in connection
with operation of the store, fuel station, docks, and individual boat slips. Augusta
will assure that the metering of the electric and water utilities is appropriate for the
distribution of billing. The Operator is responsible for placing all garbage in an
Augusta supplied container(s). Augusta will provide weekly garbage collection for
said containers. Special events may require more frequent garbage collection.
11. REPAIRS AND MAINTENANCE. Operator is responsible for performing daily
maintenance repairs and upkeep of docks, store, boat ramps, warehouse, and parking
areas. Operator is responsible for reporting repairs that he/she cannot handle to
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Augusta as soon as he/she realizes that he/she cannot handle the repair. Operator is
responsible for keeping the Marinas and the Warehouse neat, clean, and free of trash
and in good condition. Augusta staff will clean the restrooms next to the Marina
Store at the beginning of each day. Operator will be responsible for replacing paper
products in restrooms as needed each day and enforcing discipline in the restrooms as
needed to ensure cleanliness and availability of the resource to the public. Operator
will be responsible for locking up the restrooms when the Marina Store closes for the
day. Augusta will keep the roof, cupola, foundation, exterior walls, and underground
infrastructure neat and functional. Augusta will also be responsible for normal wear
and tear of interior floors,walls, ceiling, and air conditioning, heating, and cooling
equipment, replacing each as necessary. CHANGES, ADDITIONS,
MODIFICATIONS,ALTERATIONS, IMPROVEMENTS. Operator shall not,
without prior written consent of Augusta, make any changes, additions, alterations,
modifications, and/or improvements, structural or otherwise, including fees charged
for services, in or upon any part of the Augusta Marinas. Operator agrees to submit
any and all plans for any changes, additions, alterations, modifications, and/or
improvements to the Augusta Marinas to the Augusta Recreation and Parks to submit
to the Augusta Commission for approval before said alterations, changes or additions
are begun. Augusta shall not unreasonably withhold its approval of said plans.
12. INSPECTION BY AUGUSTA. Augusta shall have the right to enter upon Augusta
Marinas and Warehouse during regular business hours when a representative of the
Operator is present, or at any time in case of emergency to determine whether
Operator had complied with and is complying with the terms and conditions of this
agreement; provided, however, that said inspection shall in no event unduly disrupt or
interfere with the Marina or Warehouse operation. Any deficiencies noted during the
inspection shall by corrected within Thirty (30) days of notice. Full Inspections shall
be conducted on a semi-annual basis on a mutually-agreeable schedule by
representatives of Augusta Recreation and Parks, Augusta Risk Management or
similarly appropriate Augusta staff, a member of the Port Authority Board of
Directors, along with the Operator. Quarterly Follow-Up Reports shall note
progress/changes made to deficiencies noted within the semi-annual inspections.
These Reports are to be sent to Augusta Recreation and Parks no later than January
30th, April 30th, July 30th and October 30th of each year.
13. RULES AND REGULATIONS. Operator agrees that operation of Augusta Marinas
and Warehouse shall be conducted in accordance with all local, state and federal
laws, environmental laws, and the ordinances of Augusta, Georgia. Any changes,
additions or modifications to rules and regulations in place at the time of the
execution of this agreement must be approved by the Augusta Commission. Operator
further agrees to endeavor to conduct its business in such a manner as will develop
and maintain the good will and active interest of the general public.
14. REPORTS. Operator will be responsible for filing each month a report for the
previous month. The report will be due on the 15th day of each month. The report
should be sent to the Director of the Department of Recreation and Parks and the
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Chairman of the Augusta Port Authority. This report can be in a form developed by
the Operator and approved by the Department and the Port Authority. The monthly
report should include gross revenue for the previous month with a dollar amount for
each source. These reports will be subject to audit by the Augusta Finance
Department. An annual report of Marina activities,revenue, improvements, and
conditions should be prepared by the Operator for review by Augusta no later than
February Pt of each year following the close of the fiscal year on December 31St.
15. INDEMNITY. Operator agrees to maintain Augusta Marinas and Warehouse with an
emphasis on safety and cleanliness, and will focus on limiting liability while holding
marina users accountable for their actions. Operator agrees that its operations shall be
conducted in compliance with all federal, state, local and environmental laws rules
and regulations; and agrees to indemnify and hold harmless Augusta and its
employees, from and against any claims, actions, demands or liabilities of any kind
arising out of or relating to Operator's operation of Augusta Marinas and Warehouse.
16. INSURANCE. Operator further agrees to maintain at all times during this agreement,
at Operators expense, general public liability insurance coverage against claims for
personal injury, death and/or property damage occurring in connection with the use
and occupancy of Augusta Marinas and Warehouse or arising out of Operators
improvements, repairs and/or alterations of Augusta Marinas or Warehouse,with
limits of coverage of not less than ONE MILLION ($1,000,000)per occurrence. The
Augusta Port Authority and Augusta, Georgia shall be named as co-insured on this
policy.
Operator shall also maintain appropriate insurance coverage for any boat or vehicle
used in conjunction with the public, and that these vehicles and equipment be
inspected by the appropriate governing body at normally accepted intervals,with
records made available of such inspections to the Augusta Recreation and Parks
Department on an annual basis.
17. DEFAULT. In the event that the Operator shall fail to observe any of its covenants
and obligations as herein expressed or cease to operate Augusta Marinas and
Warehouse for the purpose set out herein,then upon the happening of such event,
Augusta shall give the Operator THIRTY days' notice to comply with the provisions
of this Marina and Warehouse Operator Agreement. If conditions cannot be
remedied within said thirty (30) day period, to commence the remedy and diligently
pursue it to completion, or if the Operator is not following all provisions of this Lease
Agreement in good faith, Augusta has at its recourse the ability to give Operator
NINETY (90) days' notice that they wish to cease all remaining operations and
nullify the remaining contract terms. OPERATOR likewise has the responsibility to
provide Augusta a written summary of conditions requiring remedy, giving THIRTY
days to allow for the correction of such conditions. If said conditions are not
corrected to agreement by both the Operator and Augusta, or if Augusta is not
following the provisions of this Lease Agreement in good faith, the Operator has at its
recourse the ability to give Augusta a written NINETY (90) day Notice that they wish
to terminate the Lease Agreement. QUIET ENJOYMENT, INGRESS AND
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EGRESS. Augusta covenants and warrants that Operator, so long as it shall perform
the duties and obligations herein agreed to be performed by it, shall peaceably and
quietly have, hold and occupy and shall have the exclusive use and enjoyment to
operate Augusta Marinas and Warehouse during the terms of this Lease Agreement
and any extensions thereof. Operator, in cooperation with the United States Coast
Guard Auxiliary and the Savannah Riverkeeper, shall have 24-hour access to all
noted facilities and locations within this Lease Agreement to facilitate emergency
response, marina and warehouse security, boating safety, Savannah River
environmental education and protection, and other opportunities open to the general
public. Any river events, such as boat races and rowing regattas shall have access to
available dock space within the leased areas to accommodate adequate river safety
and use.
18. FACILITIES. Owner acknowledges that it will receive management control of the
premises and Augusta properties in their current"as is" condition. Operator will be
responsible for maintaining the premises and properties in good order and in a
sanitary and safe condition.
19. GOVERNING LAW; VENUE. This agreement shall be governed and interpreted by
the laws of the State of Georgia. All claims, disputes and other matters in question
between all parties arising out of or relating to this Agreement, shall be decided in the
Superior Court of Richmond County, Georgia.
20. NOTICES. All notices, demands and requests which may or are required to be given
by either Augusta or the Operator to the other hall be in writing and shall be deemed
to have been properly given when postage sent prepaid by registered and certified
mail (with return receipt requested) addressed as follows:
If intended for Operator:
Olde Town Pickers
#1 5th Street Augusta, GA 30901
If intended for Augusta:
Augusta, Georgia
535 Telfair Street
Office of the Mayor, Suite 200
Augusta, GA 30901
With copy to:
Augusta Recreation and Parks, Attention Director
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2027 Lumpkin Road,Augusta, Georgia 30906
21. ENTIRE AGREEMENT. This Lease Agreement 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 of any obligation hereunder, and no custom or practice of
the parties at variance with the terms hereof shall constitute a waiver of either party's
right to demand exact compliance with the terms hereof.
IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above
written or have caused this Lease to be executed by their respective officers thereunto duly
authorized.
Signed, sealed and delivered in the presence of:
/OPERATOR AUGUSTA, GEORGIA
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