HomeMy WebLinkAboutLEASE AGREEMENT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA NATIONAL GOLF CLUB STATE OF GEORGIA )
) LEASE AGREEMENT
RICHMOND COUNTY )
THIS LEASE AGREEMENT, made this '�j" day of iaC U ` , 2018, by and
between, Augusta, Georgia, a political subdivision of the state of Georgiaereinafter referred
to as "Lessor"),by and through its Recreation and Parks Department and Augusta National
. Golf Club (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 described as the parking
facilities located at 1420 Eisenhower Drive, Augusta, Georgia 30904, more commonly referred
to Eisenhower Park (the "Premises").
2. Term: The term of this Lease shall be three (3) years, with two (2) one-year
renewal option upon mutual agreement by the parties. Specifically, each lease year shall begin
on the first Sunday of the Month of April and shall end on the Second Monday of the Month of
April, at midnight, unless sooner terminated by either Lessor or Lessee as herein provided. The
following dates correspond with the dates of the applicable lease year:
Year 1: April 1, 2018 through April 9, 2018
Year 2: April 7, 2019 through April 15, 2019
Year 3: April 5, 2020 through April 13, 2020
Option Year 1: April 4, 2021 through April 12, 2021
Option Year 2: April 3, 2022 through April 11, 2022
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3. Rental: Lessee shall pay to Lessor during the term according to the following
schedule:
Year 1 (2018): Two thousand dollars ($2000.00)
Year 2 (2019): Two thousand two hundred and fifty dollars ($2,250.00)
Year 3 (2020): Two thousand five hundred dollars ($2,500.00)
Optional Year 1 (2021): Two thousand five hundred dollars ($2,500.00)
Optional Year 2 (2022): Two thousand five hundred dollars ($2,500.00)
The lease payment shall be payable at least thirty (30) days in advance of the first day of the
Lease term. Lessor agrees to provide a receipt to Lessee for payment received. Lessor shall
provide Lessee with a receipt evidencing such payment.
4. Use of Premises: The Premises shall be only be used for the purpose of providing
parking to Lessee's event patrons, and for no other purpose without the advance written consent
of Lessor. The Premises shall not be used for any illegal purpose, in any manner that creates a
nuisance or trespass, 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, Lessee shall meet
the following conditions:
(a) All vehicles on the premises must be parked in designated parking spaces. At
no point will vehicles be allowed to park on the grass, sidewalks, or any other
areas or surfaces that are not designated as parking spaces; and
(b) If vehicles are parked in any areas or surfaces not designated as parking
spaces, Lessee is solely responsible for the repair of any damage that occurs to
said areas.
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(c) Prior to the conclusion of the event, 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; and
(d) Should Lessee choose to operate a vehicle(s) on the premises, Lessor shall not
be responsible for damage to Lessee's vehicle(s), regardless if such damage is
caused by other vehicle(s) or persons(s) in the parking lot(s) or the
surrounding park area; and
(e) Should Lessee choose to operate a vehicle(s) on the premises, Lessor shall not
be responsible for any damage or loss to possessions or items left in Lessee's
vehicle(s).
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 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 Contractor. Lessor also has the right to terminate this Lease if in any
instance the Premises are no longer used by the Lessee to provide parking, are used for an illegal
purpose, are used to create a nuisance or trespass, or are used 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.
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 Premises are being leased to Lessee "AS
IS", and Lessee accepts said Premises in its present condition and acknowledges that is has
inspected the same and found the Premises to be suitable for its intended use. If any repairs to
the improvements located on the premises covered by this Lease are required during the term of
this Lease, the cost of same shall be paid by Lessee. It is an express condition of this Lease
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Agreement that, except when caused solely by its negligence, Lessor, its officers, agents, and
employees, shall be free from any and all claims, debts, demands, liabilities, or causes of action
of every kind or character, whether in law or in equity, by reason of any death, injury, or damage
to any person or persons or damage or destruction of property or loss of use thereof, whether it
be the person or property of Lessee, its invitees, licensees, agents, or employees, or any third
persons, from any cause or causes whatsoever arising from any event or occurrence in or upon
the Premises or any part thereof or otherwise arising from Lessee operations under and
indemnify and save harmless the Lessor, its officers, agents, and employees, against and from
any and all such claims, demands, debts, liabilities, and causes of action (other than those caused
solely by Lessor's negligence) including reasonable attorney's fees and costs to be incurred by
Lessor in defending same.
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
Mayor Hardie Davis, Jr.
535 Telfair Street, suite 200
Augusta, GA 30901
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Lessee: Augusta National Golf Club
2604 Washington Road
Augusta, Georgia 30904
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.
16. Indemnification: Lessee specifically agrees that its operations shall be conducted
in compliance with all federal, state, and local laws, rules, and regulations, and agrees to
indemnify and hold harmless Lessor, including without limitation, members of the Augusta,
Georgia Commission, from and against all liabilities, losses, suits, claims, demands,judgments,
fines, damages, costs and expenses (including all costs for investigation and defense thereof,
including but not limited to court costs, expert fees and reasonable attorneys' fees, which may be
incurred by, charged to, or recovered from the foregoing (i) by reason or on account of damages
to or destruction of the property of Lessor, or any property of, injury to or death of any person,
resulting from or arising out of Lessee's use of the premises (except when such damages,
destruction, injuries, or death arise solely by reason of Lessor's negligence), or (ii) arising out of
the failure of Lessee to keep, observe, or perform any of the agreements or conditions of this
Agreement. Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit
instituted against it which, in any way, affects Lessor or its insurer, and either Lessee shall
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defend or compromise same following notice from Lessor, then Lessor shall have the right to
compromise and defend the same to the extent of its interests, with all costs to be borne by
Lessor.
17. 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.
18. Time of Essence: Time is of the essence of this Agreement.
19. 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.
20. 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.
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 request, Lessee and Lessor thereof
shall provide a certificate of all insurance required hereunder to the other.
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21. 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.
22. Governing Law: This Agreement shall be governed and interpreted by the laws
of the State of Georgia.
23. 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.
24. 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.
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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 AUGUSTA NATIONAL GOLF CLUB
Lessor Lessee
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By 14-2 By
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/ As its Mayor _ As its 54.p r(4, /1i� 1f T"wilium4
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AUGUSTA, GEORGI
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Director
Recreation and Parks Department
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Approved as to Form:
General Counsel
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