Exhibit 10.13
AFTER RECORDING, RETURN TO:
Xxxxxx X. Xxxxxx, Esq.
Long Xxxxxxxx & Xxxxxx,LLP
Suite 5300
000 Xxxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxx 00000
SHORT FORM GROUND LEASE AGREEMENT
SHORT FORM GROUND LEASE AGREEMENT (hereinafter referred to as the
"Short Form") is made and entered into on this 10th day of November, 1999 (the
"Effective Date") by and between TENASKA, INC., a Delaware corporation
("Lessor"), and TENASKA GEORGIA PARTNERS, L.P., a Delaware limited partnership
("Lessee").
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain Ground Lease dated
November 10, 1999 (the "Lease").
NOW, THEREFORE, FOR AND IN CONSIDERATION of Ten and 00/100 ($10.00)
Dollars and other good and valuable consideration in hand paid at or before the
sealing and delivery of these presents, from Lessee to Lessor, Lessor does
hereby rent and lease to Lessee, and Lessee does hereby rent and lease from
Lessor, upon the terms and conditions hereinafter set forth, the use and
possession of that certain tract or parcel of real property situated in the
County of Heard, State of Georgia, as more particularly described in EXHIBIT "A"
attached hereto and by this reference incorporated herein, and together with all
and singular rights, members and appurtenances thereto, (hereinafter
collectively the "Property"), for a term beginning on the Effective Date set
forth above and expiring on December 31, 2002 (the "Term"), and on such other
terms and conditions as contained in the Lease. There are no options in the
Lease for the renewal or extension of the Term.
This Short Form is subject to all the terms and conditions of the Lease
which are hereby incorporated herein and by this reference made a part hereof.
In the event of any conflict between the terms of this Short Form and the Lease,
the terms of the Lease shall control. The Lease sets forth the entire agreement
of the parties hereto and this Short Form does not alter, amend or change the
Lease in any way.
1
IN WITNESS WHEREOF, Lessor and Lessee have caused their duly
authorized officers and managers to execute and deliver this Short Form Ground
Lease Agreement under seal as of the day and year first above written.
LESSOR
Signed, sealed and delivered in the
the presence of: TENASKA, INC., a Delaware corporation
Unofficial Witness
/S/ By: /S/ (SEAL)
------------------------- ---------------------------------
Print Name: Xxxxx X.XXXXXX
/S/
-------------------------
Notary Public Title: Vice President
My Commission Expires:
[CORPORATE SEAL]
[NOTARY SEAL]
[SIGNATURES CONTINUED ON NEXT PAGE]
LESSEE:
Signed, sealed and delivered
in the the presence of: TENASKA GEORGIA PARTNERS, L.P.,
a Delaware limited partnership
/S/ By: Tenaska Georgia, Inc., a Delaware
-------------------------
corporation, its General Partner
Unofficial Witness
/S/
-------------------------
Notary Public By:/S/ (SEAL)
-------------------------
My Commission Expires: Print Name: Xxxxxxx X. XXXXXX
------
[NOTARY SEAL] Title: Vice President of Finance & TREASURER
[CORPORATE SEAL]
EXHIBIT "A"
LEGAL DESCRIPTION
TRACT H
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT
206 OF THE THIRD LAND DISTRICT OF HEARD COUNTY GEORGIA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 1/2 INCH REBAR SET AT THE POINT WHERE THE WEST LINE OF
LAND LOT 206 INTERSECTS THE SOUTH RIGHT OF WAY LINE OF XXXXXX XXXXX ROAD
(PRESCRIPTIVE RIGHT OF WAY, 40 FEET, MORE OF LESS, IN WIDTH), SAID POINT BEING
THE POINT OF REFERENCE; THENCE NORTH 01 DEGREE 30 MINUTES 06 SECONDS EAST FOR A
DISTANCE OF 40.01 FEET TO A POINT WHERE SAID WEST LINE OF LAND LOT 206
INTERSECTS THE NORTH RIGHT OF WAY LINE OF XXXXXX XXXXX ROAD, SAID POINT BEING
THE POINT BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND.
Thence along said west line of Land Xxx 000 Xxxxx 00 degree 27 minutes
40 seconds East for a distance of 800.22 feet to a Painted Rock at the Northwest
corner of said Land Lot 206;
Thence along the North line of Land Xxx 000 Xxxxx 00 degrees 14 minutes
11 seconds East for a distance of 821.44 feet to a 1/2 inch rebar set on the
West Right of Way line of Xxx Xxxxxxxx Road (80 foot width);
Thence along said right of way line of Xxx Xxxxxxxx Road, along a curve
to the left having a radius of 2021.86 feet, a central angle of 16 degrees 46
minutes 53 seconds, an Arc length of 592.18 feet, and subtended by a chord
bearing South 00 degrees 33 minutes 16 seconds East for a distance of 590.07
feet to a 1/2 inch rebar set at the point where said right of way line of Xxx
Xxxxxxxx Road intersects the North right of way line of Xxxxxx Xxxxx Road;
Thence along said northern right of way line of Xxxxxx Xxxxx Road South
78 degrees 31 minutes 36 seconds West for a distance of 146.61 feet to a point;
Thence along a curve to the left having a radius of 4280.10 feet, a
central angle of 05 degrees 04 minutes 37 seconds, an Arc length of 379.26 feet,
and subtended by a chord bearing South 75 degrees 59 minutes 18 seconds West for
a distance of 379.13 feet to a point;
Thence South 73 degrees 26 minutes 59 seconds West for a distance of
265.34 feet to a point;
Thence along a curve to the right having a radius of 159.33 feet, a
central angle of 29 degrees 41 minutes 14 seconds, an Arc length of 82.56 feet,
and subtended by a chord bearing
South 88 degrees 17 minutes 36 seconds West for a distance of 81.64 feet to a
point, said point being the POINT OF BEGINNING.
Said property contains 13.13 acres, more or less, and is that same tract or
parcel of land shown as Tract H on that certain ALTA/ACSM Title Survey, entitled
Heard County Power Generation Site for Tenaska, Inc., Tenaska Georgia, Inc.,
Tenaska Georgia I, LP, Tenaska Georgia Partners, LP, Fidelity National Title
Insurance Company of New York, Xxxxxxx Title Guaranty Company, Heard County
Development Authority & The Chase Manhattan Bank as Trustee and Collateral
Agent, prepared by Xxxxxxxxx, Xxxxxxx & Associate, Inc., bearing the seal and
certification of Xxxxx X. Xxxxxxxx, Xx. Registered Land Surveyor No. 2558, dated
March 19, 1999, last revised , 1999.
LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND XXX
000 XX XXX XXXXX XXXX XXXXXXXX XX XXXXX XXXXXX XXXXXXX, DEEDED FROM TENASKA
GEORGIA PARTNERS, L.P., AS GRANTOR, TO HEARD COUNTY, AS GRANTEE, PURSUANT TO
THAT CERTAIN RURAL POST ROADS RIGHT OF WAY DEED DATED JULY 1, 1999, RECORDED IN
DEED BOOK 197, PAGE 618, HEARD COUNTY, GEORGIA RECORDS.
RESHORTFORMGROUNDLEASE
