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HomeMy Public PortalAboutShrine Club Lease 9-17-96 DEC. 29. 2005 1:43PM CALLAWAY BRAUN ET AL NO. 4665 ', 10 • MEMORANDUM OF AGREEMENT his greement, made and entered into this / .�- ? of >XJ c' 8.; 1996, by and between the City of Tybee Island, Stake of Georgia, hereinafter referred to as "City",.and the Tybee Lite Shrine Club, hereinafter referred to as the "Shr ne Club ", sets forth the following: WHEREAS, the City owns the premisee now occupied by the Shrine Club, and desires to have such occupancy continued, and Whereas, the Shrine Club provides quasi - governmental services to the community, NoW, THEREFORE, it is hereby agreed by the parties hereto as follows: The Shrine Club shall be permitted to use the premises they currently occupy, together with all improvements thereon, located at the North Beach of Tybee Island, for the sum. of 52,700 per month, less certain credits and plus certain debits, resulting in a net payment of s1Q0.00 per month, as more fully set forth on an attachment hereto titled "Tybee Lite Shrine Club Lease Payment'"; payable on the first day of each month beginning January 1, 1997, and continuing thereafter for a term of fifteen (15) years. Further, beginning on January 1, 1998, and on each January 1st thereater, the monthly net payment shall be increased by the same percentage as the Bureau of Labor Statistics Consumer Price Index has increased for the most recent twelve month period for which data is available, during the last week of December of each year. The Shrine Club shall continue to use the premises as their clubhouse for Shrine Club meetings and functions, and shall also make the premises available for other community recreational, cultural, civic, and governmental functions, at reasonable costs to the participants. The Shrine Club shall make improvements and alterations to the premises, as follows: A. Airconditioning addition 50 as to render the premises_ comfortable during the warmer seasons, to be accomplished within twelve (12) months from the date of this agreement. B. Exterior finishing completion, to be accomplished with n ten (10) years from the date of this agreerneut, in order to render the premises visually attractive. utc. 19. ZUU5 1:43PM CALLAWAY BRAUN ET AL NO. 4665 '. 11 • I C. Fire /Safety improvements as may be determined by periodic inspect ions by the County or State Fire Marshall. D. Other improvements as may be necessary to have the premises be in compliance with Codes applicable to facilities of a similar nature in the city of Tybee Island, Georgia. E. Other improvements as may be mutually agreed to the City and the Shrine Club. The Shrine Club shall actively advertise and promote the availability of the premises for use by individuals and organizations for recreational, cultural, civic and governmental functions, as a quasi- governmental service to the community. The Shrine Club shall establish a fee schedule for the use of the premises by others, said fee schedule to be fair and reasonable to all parties concerned, together with a premises use agreement specifina appropriate terms and conditions for premises use, The Shrine Club shall, throughout the term of this agreement, at its own cost and without any expense to the City, operate, keep and maintain the premises in good, sanitary and, - 1 neat order, condition, and repair; shall pay all utilities and other operating and maintenance expenses, and shall maintain liability insurance in the amount of One Million Dollars ($1,000,000.00) covering the premises and appurtenances thereto for injury or death of any number of persons in any one occurrence, and property damage liability insurance in the amount of Three Hundred Thousand Dollars ($300,000.00), and such insurance shall specifically insure the City against all liability assumed by it hereunder, 'as well as any liability imposed by law, and shall insure both the City and the Shrine •Club, and shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for the City and the Shrine Club. The Shrine Club shall not assign, mortgage, or encumber this memorandum of agreement, nor sublet the premises or any part thereof to be used by others, except for periodic and temporary • use as herein provided, without the prior written consent of City. The City shall be able to construct an emergency facility known as a Command post /Emergency Operations Center on the north- western section of the top deck of the premises. The particulars shall be mutually agreed upon between the parties. i utv. L . LUVD :4irM - - CALLAWAY BRAUN ET AL NO. 4663 '. 12 The City and Shrine Club may mutually negotiate revisions . and extensions to this agreement at any time. The Shrine Club has the option to renew this agreement for an additional fifteen (15) year during the final year of this agreement, with the net monthly payment continuing at the $100:00 plus inflation adjustments amounts. IN WITNESS WHEREOF the parties have hereunto set the hands and 1 seals this 1,� day of ,-, , 1996. i CITY OF TYEEE ISLAND 1 I / P by: /� + - Lam'' ./ 1 Walter M. Parker, Mayor ATTEST: _ ila cq yn R Brown, C erk of Council L (SEAL) TYBEE LITE SHRINE CLUB ..d/ 1, by:6 Office: r.. , / ,. - Attest: --_G✓ /.,-: rt.,z, .,a, DEC. 29. 2005 1:43PM._ _ . CALLAWAY BRAUN ET AL Na 4665 '. 13 • T' bee Lice Shrine Club Lease Pavmezxt Lease Term; 15 Years - I Gross Rental Value of Existing Facility per month $2,700 Less equitable return of investments /improvements to the property: Building Value: 6,000 sq. ft. @ $70 equals $420,000 Equipment and fixtures value: $50,000 Total Value: $480,000 Return /Mo: $480,000/(15 x 12) - X2,667 Plus equitable repayment for use of land and pre- improvement structures: Prior Sales Value: $375,000 Monthly interest value; $375,000 x .06/12 +$1,87B Plus eaui.table return OR planned improvements: Airconditioning $18,000 Exterior Finish $10,000 Other .$10,000 TOTAL $38,000 Monthly repayment: $38,000/(15 x 12) -$ 211 Less value of quasi'-governmental services provided to community, including required disbursements for insurance, elevator maintenance, utilities, building and I equipment maintenance,security expense, etc. - $1,600 Less round -off adjustment ..L 3 TOTAL NET LEASE PAYMENT /MO: TS 100