HomeMy WebLinkAboutDIAMOND LAKES REGIONAL PARK HOST AGREEMENT STATE OF GEORGIA )
COUNTY OF RICHMOND )
DIAMOND LAKES REGIONAL PARK HOST AGREEMENT
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THIS AGREEMENT, effective this 0 3 day of tib,-,,cx.3 / , 2018, is entered
into between AUGUSTA, GEORGIA a political subdivision of the State of
Georgia, by and through the Augusta Recreation and Parks Department, hereinafter referred to as
Lessor, and CRYSTAL MILLS, whose address is 113 Diamond Lakes Way, Hephzibah,
Georgia, hereinafter referred to as Lessee.
IN CONSIDERATION FOR THE MUTUAL COVENANTS AND CONDITIONS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. LEASE PREMISES:
Augusta does hereby lease and let and allow the Lessee to maintain a host campsite
on real estate located in the Diamond Lakes Regional Park in Augusta, Georgia,
which is described as the Park Host Site, Diamond Lakes Campground, and is
located at 113 Diamond Lakes Way, Hephzibah, Georgia.
2. TERM:
The term of this lease shall be month-to-month commencing on the 02 3 day of
coy , 2018, and may be terminated by either party hereto only by
providing the other party with sixty(60)days written notice prior to the termination
of the agreement. Additionally, the term shall terminate in the event employee's
employment with the Augusta Recreation and Parks Department ends.
3. OBLIGATIONS OF THE LESSEE:
In addition to the lessee's normal scheduled work hours and assignment, and in
lieu of the payment of rent for the occupancy of said residence, LESSEE will
perform the following duties:
a. Secure grounds daily by opening and closing gates at Diamond Lakes
Regional Park. The designated gates shall be opened and closed daily,
which includes weekends and Augusta observed holidays, between the
established hours of operation. The grounds will be secured by conducting
an inspection of the Park before closing the gates and by inspecting the
premises before opening the gates to ascertain if any acts of vandalism have
occurred during the night.
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b. Complete a log sheet as directed and submit the same to the designated staff
representative weekly.
c. Have a telephone within the lease premises and be available to provide the
initial after-hours contact to the Police, Fire, and other emergency services
in the event of an emergency.
d. Assist the public needing assistance at the Park, or as assigned,
e. Be responsive to security alarm systems that may be activated on site.
f. Be available after regular hours for service when requested by the Augusta,
Georgia Recreation and Parks Department..
g. Upon discovery, immediately report any acts of vandalism or potential
vandalism to the proper authorities.
h. Maintain the surrounding grounds in a neat and orderly manner and
appearance. Equipment sheds, recreational vehicles, boats, camp trailers,
etc., may not be kept or stored by the Lessee on the leasehold premises
unless Lessee has received written approval from the Director of
Recreation, Parks and Facilities.
i. Contain and control any pets or animals owned by the LESSEE to the area
immediately surrounding the residence occupied by the Lessee, only if
allowed in writing by the Director of Recreation, Parks and Facilities.
Comply with all Augusta ordinances and state laws regarding animals at all
times.
j. Provide for a substitute caretaker, who is pre-approved by the Director of
the Augusta Recreation and Parks Department, or designee for any time the
LESSEE is away from the site and unable to perform the obligations listed
above.
k. Be responsible for any personal items Lessee brings on the premises that
are not the property of Augusta, Georgia will be the lessee's obligation for
replacement or repair.
1. All personal vehicles on the premises shall be properly registered and
insured.
m. When the Lessee vacates the premises, the Lessee must:
1. Leave the premises reasonably clean, and undamaged
except for reasonable wear and tear; and
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2. Give the Lessor all the keys or other means of access that
are in the possession or control of the Lessee and that allow access to
and within the residential property; and
3. Repair damages above and beyond normal wear and tear.
n. Other:
4. OBLIGATION OF THE LESSOR:
Lessor will be responsible for the following:
a. Physical residence for no rental fee.
b. Providing for electrical, water and sewer, and cell phone service. Please
note cable/dish satellite and/or interne charges will be the responsibility of
the Lessee.
c. Lessor shall compensate Lessee for twenty-five (25)hours per week for the
opening and closing, inspection, customer service related duties, and other
normal operational duties of said nature, but will be the agreed upon
services required in lieu of having provided rent free living
accommodations that include specified utilities at no cost to the Lessee.
d. Lessor's responsibility to the lessee is to provide a safe and functional living
space. Lessor shall keep the structure of the residence sound, including
stairways, floors and roofs; keep electrical heating and plumbing systems
operating safely; supply hot and cold water in reasonable amounts; and
provide for pest control.
5. HOLD HARMLESS AGREEMENT:
For and in consideration of the mutual conditions in this Agreement, the Lessee
agrees to indemnify and hold harmless and defend AUGUSTA, GEORGIA, its
elected officials, officers, employees, agents, and representatives from and against
any and all losses, damages, costs, charges, expenses, judgments and liabilities
incurred by virtue of the Lessee's utilization of the above-described real property
pursuant to the terms of this Agreement.
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6. USE OF PREMISES:
It is further covenanted and agreed by and between the parties hereto that Lessee
shall be twenty-one (21) years of age or older and reside on the premises with no
more than one (1) non-family member or no more than three (3) additional
immediate family members. Lessee shall utilize the leased premises as a residence
and for no other purpose whatever.
The Premises shall not be used for any illegal purpose; or in any manner to create
any nuisance or trespass; or in any manner so as to invalidate the insurance or
increase the rate of insurance on the Premises.
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. INSPECTION BY THE AUGUSTA, GEORGIA:
The Lessor and Lessee together must inspect the condition of the premises on the
day the Lessee is entitled to possession of the premises or on another mutually
agreed day.
The Lessor and Lessee together must inspect the condition of the premises and
surrounding areas on or before the day the tenant starts keeping a pet or on another
mutually agreed day, if the Lessor permits the Lessee to keep a pet on the premises
after the start of a tenancy, and upon the end of a tenancy.
The Lessor and Lessee must complete a condition inspection report which both
parties will execute and receive copies.
AUGUSTA, GEORGIA or a representative of the AUGUSTA, GEORGIA may
inspect said premises at any reasonable times to ensure strict compliance with the
terms and conditions of this Agreement.
9. 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 Agreement that, except when caused solely by its negligence, Lessor's, 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
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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.
10. INSURANCE:
LESSEE agrees to obtain and maintain, during the tenancy of the lease described
herein, general liability insurance in the minimum amount of$500,000,which shall
include liability coverage for injury to any person or property arising from
LESSEE'S occupancy of the premises. AUGUSTA, GEORGIA shall be named as
additionally insured on this policy. The Lessee agrees to furnish a Certificate of
Insurance to AUGUSTA, GEORGIA and the AUGUSTA, GEORGIA shall be
notified a minimum of twenty (20) days prior to any cancellation or modification
of the policy. In addition, the Lessee agrees to obtain and maintain renter's
insurance for their personal possessions and liability.
11. SECURITY/PET DEPOSIT:
AUGUSTA, GEORGIA may require a security deposit of$ e for the
leased Park Host premises located at Diamond Lake Regional Park. In addition,
the Lessor may requip the Lessee to pay a pet damage deposit fee the agreed
amount of$ Sd• '' if allowed in writing by the Director of Recreation and
Park.
Upon the completion of an end of tenancy inspection report, the return of the
security and or pet deposit will be made in accordance after fifteen (15) business
days of all the following conditions being met:
a. Lessee leaves the residence and surrounding premises reasonably clean,
and undamaged except for reasonable wear and tear, and
b. Lessee returns to the Lessor all the keys or other means of access that are
in the possession or control of the tenant and that allow access to and within
the residential property.
c. The date the Lessor receives the Lessee's forwarding address in writing.
AUGUSTA, GEORGIA may retain an amount from a security deposit or a pet
damage deposit if at the end of a tenancy, the Lessee agrees in writing the Lessor
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may retain the amount to pay a liability or obligation of the Lessee and the above
conditions having not been met.
12. DEFAULT AND RE-ENTRY:
Failure of the Lessee to maintain employment with AUGUSTA, GEORGIA, fulfill
and comply with the terms of this Agreement as herein specified, or upon the
Lessee's violation of any of the terms and conditions of the Agreement, shall
constitute grounds for termination by AUGUSTA, GEORGIA upon giving Lessee
thirty (30) days written notice. Upon termination of this Agreement, Lessee shall
peacefully remove personal property and surrender possession of said premises.
Lessee agrees to return the Premises to the Lessor upon the expiration or
termination of this rental agreement in as good condition and repair as when first
received; normal wear and tear expected. In the event AUGUSTA, GEORGIA is
required to undertake any legal action of any type whatsoever to enforce the
provisions of this Agreement, then, in such event, Lessee covenants and agrees to
pay AUGUSTA, GEORGIA for its reasonable attorneys' fees and costs sustained
therein.
13. ASSIGNMENT OR SUBLEASE:
LESSEE shall not assign, transfer, or encumber this Agreement, and shall not
sublease the premises, or any other part thereof, or allow any other person to be in
possession thereof.
14. NO ESTATE IN LAND:
This contract shall create the relationship of Lessor and Lessee between the parties
hereto and no estate shall pass out of Lessor.
15. 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.
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.
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17. 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.
18. GOVERNING LAW:
This Agreement shall be governed and interpreted by the laws of the State of
Georgia.
19. 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.
20. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between the parties, and no
modification of this Agreement shall be binding upon the parties unless evidenced
by a written agreement executed by AUGUSTA, GEORGIA and the Lessee.
[SIGNATURES ON FOLLOWING PAGE]
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AUGUSTA, GEORGIA CRYSTAL MILLS
Lessor Lessee
By ± % 14
Hardie Davis, k
As its Maior N f, C�~„ipir S
041' V.1(.1/fifi ,41%
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Attest: ' !� / ,,e"
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Lena J. B% ., Gl .Can• vssii
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D1 e: % "11 . /4 , ' {
AUGUSTA, GEORGIA,.,
Director
Recreation and Parks Department
_.._.__._..
041Ap1041-
Approved
proved as to Form:
Awelay 2//2//g.
General Counsel
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