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STATE OF SOUTII CAROLINA
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COUNTY OF BEAUFORT
LEASE AGREEMENT
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This Lease Agreement is made as of this
day of June, 2010, by and between
BEAUFORT COUNTY. a political subdivision of the State of South Carolina ecounty") with
its principal place of business located at 100 Ribaut Road, Beaufort, Soutll Carolina 29901 , and
FIRST UNION AFRICAN BAPTIST CHURCH, a South Carolina non·profit corporation
("Church"), P. 0 . Box 7, Daufuskie Island, South Carolina.
WHF.REAS, Church is the owner of real property located on School Road, Daufuskie
Jsland, South ~olina, known~ "Mary Field School" (the "Leased Premises"); and
WIIEREAS, the County desires to usc the Leased Premises as a location for participation
by the comm.UD.ity in County Cowtcil meetings as well as other public meetings; and
WHER.EJ\:.S, the County and Church acknowlcdp that such use is of a non-exclusive
nature and that the l.caMd Premises may also be utilized by othen at the ruscn:tion of the
Church.
NOW, THEIWI'ORE, in consideration of dlc premises and respective undel18kings set
forth herein and other aood and valuable consideration. the receipt and sufficiency of whicb is
hereby atknowJedged, the County and the Church, intending to be legally bound, hel'Cby
covenant and agree as folloWl:
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llml· The initial term of this Lease ~Jhall commence on the lst chty of July, 2010
and !hall tamiDaic on the 30th day of June, 20l5, unless sooner terminated pursuant to lhe
provisions of this Lease. Thcrcaftcr."the parties hereto shall negotiate appropriale renewal tenns
md conditions.
2.
Annual Rent. The annuaJ rent for the initial term of this Lease is Two Thousand
Dollars ($2,000.00) per year, which the County agrees to pay to the Church in advance on the
first day of July of each year during the tenn of the Lease as well as any renewal thereof. If for
any Nason the Lease is tenninated by either party hereto in accordance with the terms (:O{Itained
herein, the Church shall refund the appropriate prorated amount of unused rent to County.
3.
Utilities. The Church is responsible for all utilities.
4.
Conmlian~ with Laws. The County shall not make or permit any use of the
Leased Premises which would be unlawful. imjxoper or contrary to any applicable law,
municipal or county ordinance (includin1 without limitation all zoning, building or !18Ilitary
statutes, code&, rules. regulations or ordinances). or wbieh will make voidable or increase t~e
cost of any insurance maintained on the Leased Premises by the Church.
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Condition of the J,.eased Premises. The County is fully aware of and familiar with
the physical wndition of the Leased Premises. The Church makes no reprcsen\ation in
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connection with the condition of the Leased Premises and shall not be liabl~ for lll1Y latent
defects therein; provided however. that if such latent defe<:ts render the J.eased Premises
untenantable for the purposes of this Lease, the County may, at its option, and upon prior written
notice delivered to the Church thirty (30) days in advance, terminate this Lease.
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6.
Fixtute11. Any improvement or non-permanent fixtures installecl by the County
which are located on or are affixed to the Leased Premises must be removed upon the
termination of this Lease and all damage or defacemmt of the Leased Premises caused by such
removal must be repairs by the County to the satisfaction of the Church. Any pennanenl
improvements or pmmanendy affixed fixtwcs shall become the property of the Church upon the
termination of this Lease.
7.
Alterations and Improvements. The County sha11 not have the right or option to
change the decor and appearance of the exterior or interior of the Leased Premises nor shall the
County make any sb'Uctt.lnll changes to the Leased Premises without the written approval of the
Church. Any alteration albeit acstheti.c or atru.ctural done by the County with the written
approval of the Church sball be done at the County's sole expense and in strict accordance with
all applicable laws and regulations. with a proper pennit. using firc&.class materials and in a
workmanlike manner.
8.
Fire, Other Cpualty. ShouJd a substantial portion of the Leased Premises be
damaged by fire or other casualty, the Cotmty shall, at its option, tenninate this Lease. When a
fire or other casualty renders the LeaSed Premises or any part thereof unfit for use and
~upancy. a just and proportionate abatement of rent shall be made.
The Church Wlderstands and qn:es that the Church bears full
responsibility for insurina the Leased Premises and shall obtain md keep in force during the tenn
of this I..ease and re11ewals, if any, public liability insW'IIlce insuring the Leased Premises against
liability arising out of use. ocwpancy or maintenance of the Leased Premises. The County
understands and agrees that the County bears full responsibility for insuring itK personal property
located within or about the Lea.o;ed Premises.
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lnswance.
10.
Subletting and Apignment This Lease is not subject to subletting or assignment
by the County in whole or in part.
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Entrv. Inspection and MaintSDIJJOC. The County shall allow any representative of
the Church or its agents ent.ty into the Leased Premises 11.t any time during the term of the Lease
in order to view, inspect, make repairs and alterations. if any, at any time the Chl1J1;h so elects.
Tennination. Either party hereto may tenninate this Lease Agreement upo~
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giving sixty (60) days' written notice of such desire~ the other party. The Coun~ a~ees to qwt
and deliver up the Leased Premises peaceably and qwetly to 1he Church at the cxpuauon or other
termination of this Lease.
13.
Miscellaneous. 1'his Lea.~ is to be construed under the Laws of the State of
South CaroHna; is to take effect as a sealed ins1nsment; sets forth 1he entire ~greement between
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the parties; Is binding upon and inures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors IU1d wigns; and may be cancelled,
modified or IIDCnded only by written mstnunc:nt signed by both the County and the Church.
IN WITNESS WlffiREOF, the parties hereto have executed thi!i Lease Agreement as of
the day and year fiJ"St above written.
WTTNESSES:
BEAUFORT COUNTY, a political
subdivision of the .Sta!e o South Carolina
By:_ _"ffl--...r-:-~:;...._-1-.,.-~f--­
lts:. _ _...I..-..C~:-=-~=.:~~-IIIIh:'IOI--I'IRST UNION AFRICAN BAPTIST
CHURCH, a South Carolina non-profit
corporation
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