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Public Service Committee Meeting Committee Room- 3/23/2009- 12:30 PM
PUBLIC SERVICES
1. Motion to accept a donation of one electric utility vehicle from GoGreen
Zero Emission Vehicles for use by the Special Events Division -
Recreation and Parks Dept.
Attachments
2. Discussion: A request by Bryan Brittingham for a Sunday Sales license to
be used in connection with Alli Katz Bar & Grill located at 3629-A
Walton Way. There will be Sunday Sales. District 3. Super District
10. (Referred from March 9 Public Services)
Attachments
3. New Application: A. N. 09 - 72: A request by Chris Jones for a wholesale
Wine License to be used in connection with Cajon Wholesale Company
located at 1881 Beaver Creek Lane. District 4. Super District 9.
Attachments
4. New Application: A. N. 09 - 71: A request by Christopher P. Smith for an
on premise consumption Beer License to be used in connection with the
MAG Company DBA Moe's Southwest Grill located at 2805 Washington
Rd. There will be Sunday Sales. District 7. Super District 10.
Attachments
5. New Ownership Application: A. N. 09 - 73: A request by Jackie Wall for
an on premise consumption Liquor & Beer license to be used in
connection with Hoe - Downs located at 1204 Ellis St. There will be
Dance. District 1. Super District 9.
Attachments
6. Motion to approve an amendment to the cooperative agreement with
CSRA RDC for senior nutrition services.
Attachments
7. Motion to approve a food and beverage concession contract for operation
of four parks with Ronlyn Food Services (Bid item # 09-012A).
Attachments
8. Motion to approve a Resolution in support of Georgia Golf Hall of Fame
Statues being displayed throughout Augusta during Masters Week.
Attachments
9. Motion to approve the renewal of the lease for the First Tee of Augusta.
Attachments
10. Motion to Approve Bid Item 09-080, modular tennis pro shop for
Diamond Lakes Regional Park to Rainbow Homes for $49,900.
Attachments
Public Service Committee Meeting
3/23/2009 12:30 PM
Accept donation of vehicle
Department:Recreation and Parks
Caption:Motion to accept a donation of one electric utility vehicle from GoGreen
Zero Emission Vehicles for use by the Special Events Division - Recreation
and Parks Dept.
Background:GoGreen is an authorized dealer for ZAP electric vehicles. Mr. John
Cooper, owner, has offered to donate to the city one electric vehicle for use
by the Special Events Office.
Analysis:This vehicle could help staff a great deal with events held at Riverwalk and
Augusta Common.
Financial Impact:No cost to city. Vehicle would need to be placed on city fleet list for liability
purposes
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Public Service Committee Meeting
3/23/2009 12:30 PM
alcohol application
Department:License & Inspections
Caption:Discussion: A request by Bryan Brittingham for a Sunday Sales license to be
used in connection with Alli Katz Bar & Grill located at 3629-A Walton
Way. There will be Sunday Sales. District 3. Super District 10. (Referred
from March 9 Public Services)
Background:This is a new request for an existing location.
Analysis:
Financial Impact:The applicant will pay a fee of $5,445.00
Alternatives:
Recommendation:License & Inspection has no recommendation.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Public Service Committee Meeting
3/23/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Application: A. N. 09 - 72: A request by Chris Jones for a wholesale
Wine License to be used in connection with Cajon Wholesale Company
located at 1881 Beaver Creek Lane. District 4. Super District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Public Service Committee Meeting
3/23/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Application: A. N. 09 - 71: A request by Christopher P. Smith for an
on premise consumption Beer License to be used in connection with the
MAG Company DBA Moe's Southwest Grill located at 2805 Washington
Rd. There will be Sunday Sales. District 7. Super District 10.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1815.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Public Service Committee Meeting
3/23/2009 12:30 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 09 - 73: A request by Jackie Wall for an
on premise consumption Liquor & Beer license to be used in connection
with Hoe - Downs located at 1204 Ellis St. There will be Dance. District 1.
Super District 9.
Background:This is the old Kokomo's location. Formerly in the name of Dottie
Blackburn.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $3,740.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Public Service Committee Meeting
3/23/2009 12:30 PM
Amendment Senior Nutrition Agreement
Department:Recreation and Parks
Caption:Motion to approve an amendment to the cooperative agreement with CSRA
RDC for senior nutrition services.
Background:The Recreation and Parks Dept. has operated senior nutrition programs for
Richmond County since 2004 under a cooperative agreement with CSRA
RDC for the receipt of grant funds for this program.
Analysis:This amendment will reduce funding for meals in the amount of $7,718.
This will require implementing a countywide hold on new clients entering
the program.
Financial Impact:See attached.
Alternatives:1. To deny 2. To approve
Recommendation:#2 to approve
Funds are Available in
the Following
Accounts:
Acct. # 220054322
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Public Service Committee Meeting
3/23/2009 12:30 PM
Food and beverage concession contract
Department:Recreation and Parks
Caption:Motion to approve a food and beverage concession contract for operation
of four parks with Ronlyn Food Services (Bid item # 09-012A).
Background:Recreation and Parks has leased the operation of food and beverage
concessions at various parks to private vendors since 1999. These parks
included Fleming, Eisenhower and May Park, with Diamond Lakes being
added in 2006. These are the facilities used for the youth and adult sports
programs countywide. Fruit and Juicy, Inc. has held this contract since
1999.
Analysis:The Procurement Dept. issued a Request for Qualifications(Bid Item # 09-
012A) for these services, and three vendors responded with compliant
submittals: Fruit and Juicy, Inc. Ronlyn Food Services Southern Delights,
Inc. After interviews with each, Ronlyn Food Services is being
recommended for these services. The contract will be for two years with a
one year option to renew.
Financial Impact:$2,500.00 annual payments to Augusta.
Alternatives:1. Not to approve 2. To approve
Recommendation:#2 - to approve
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
CONCESSION AGREEMENT
This agreement is made and entered into this __________ day of _____________, 2009
by and between _______________________________________________________ and the
Augusta Recreation & Parks Department.
The Augusta Recreation & Parks Department has identified a need to contract the Food
and Beverage Concessions at organized events to an outside vendor at the following locations;
Fleming Athletic Complex, Eisenhower Park, May Park, and Diamond Lakes Regional Park to
include the Youth Athletic Complex and the Adult Athletic Complex. Other locations may be
added as authorized by the Augusta Recreation & Parks Department.
The contract will be entered into for a period of two (2) years with an option for one (1)
additional year. The contract will be in effect from April 1st, 2009 until December 31st, 2010.
The agreeing party has acknowledged and understands the following conditions of the
Concession Agreement.
PRODUCTS
All items for resale are the responsibility of the vendor. The Augusta Recreation & Parks
Department assumes no liability associated with theft of products for food and beverage resale.
After the initial product list has been established, any changes in product or pricing must
be submitted to the Augusta Recreation & Parks Department for approval.
The concessionaire will ensure that all products offered are fresh and within the product
freshness date. The Augusta Recreation & Parks Department reserves the right to have the
concession stands inspected for product quality and cleanliness of stands by the Richmond
County Health Department.
No alcoholic beverages may be sold.
EMPLOYEES
The Augusta Recreation & Parks Department requires that all concession employees be
professional, polite, courteous, and dressed appropriately at all times.
The Augusta Recreation & Parks Department requires a minimum of two (2) employees
on duty in each stand at all times.
The Augusta Recreation & Parks Department reserves the right to require more stand
employees depending on the event or tournament being held at the location.
Attachment number 1Page 1 of 3
PROCEDURES
Opening: Each stand is to be open thirty (30) minutes prior to the first scheduled game.
All schedules will be supplied by the Augusta Recreation Athletic Staff.
Closing: The closing time of each stand will be left up to the concessionaire, but the
Augusta Recreation Department requires that each stand remain open until at
least through the mid-point of the last scheduled game.
Cleaning: The concessionaire will ensure that the stands are neat, clean, and presentable
at all times. Concessionaire will be responsible for all expenses related to the
upkeep and cleaning of the stands. The concessionaire will also be required to
close out each stand at the end of each session by removing all food and
beverage items and conducting a thorough cleaning.
MAINTENANCE
Building: The Augusta Recreation & Parks Department will be responsible for repairs to
the concession building. Any damages or problem with the building will be
reported to the recreation department by the concessionaire.
Equipment: The concessionaire will be responsible for all expenses related to repairs,
replacement, and maintenance of any concession equipment owned by the
Augusta Recreation & Parks Department. The concessionaire will be supplied
with an inventory list of all equipment available for concessionaire use. This
equipment is available for use by the concessionaire on an “As-Is” basis.
Utilities: The Augusta Recreation & Parks Department will be responsible for providing
and maintaining the utilities for all concession stand locations. We encourage
conserving electrical and water usage whenever possible by turning off lights,
turning off equipment not in use, and turning off any water when the stands are
not in operation.
Pest Control: The Augusta Recreation & Parks Department will provide Pest Control services
for all concession stand locations.
Keys: The Augusta Recreation & Parks Department will supply (2) keys per site.
Concessionaire will be responsible for returning both sets for each site at the
conclusion of the contracted period.
INSURANCE
The contractor must have and submit a copy of a $1,000,000 liability insurance policy
covering bodily injury, property damage, and list the City of Augusta as “Additionally Insured”
on the policy. The contractor shall also have worker’s compensation insurance on the
contractor’s employees as required by Georgia State Law.
Attachment number 1Page 2 of 3
EVALUATION
The Augusta Recreation & Parks Department will conduct evaluations at the mid-point
of each season and at the conclusion of each season. Either party reserves the right to
terminate the contract if needed with a minimum of a sixty (60) day notice.
LEASE PAYMENTS
The contracted concessionaire will be responsible for a fee total of Two-Thousand, Five
Hundred Dollars ($2,500) each year of the concession agreement. All fees are to be made
payable to the Augusta Recreation & Parks Department. The first payment of One-Thousand
Dollars ($1,000) will be due within thirty (30) days of the acceptance date of the contract. The
remaining amount of One-Thousand, Five Hundred Dollars ($1,500) will be due by September
1st of the contract year.
LEASE TERMS
The term of the lease for concession operations will be entered into for a period of two
(2) years with an option for one (1) additional year. The final decision determining the
continuation or cancellation shall be that of the Director of the Augusta Recreation & Parks
Department based on the policies and procedures governing the use of city facilities and upon
the evaluations of the concession services provided.
POINT OF CONTACT
Chris Scheuer, Athletic Manager Darrell Bennett, DLRP Manager
Augusta Recreation & Parks Dept. Augusta Recreation & Parks Dept.
(706) 796-5025 / (706) 564-7123 (706) 771-2980
Ramon Brown, Vice President Ronnie Brown, CEO
Ronlyn Corporation Ronlyn Corporation
(706) 724-6880 / (706) 951-4607 (706) 724-6880 / (706) 495-4032
________________________________________ ____________________
Contract Concessionaire Date
________________________________________
Augusta-Richmond County Business License #
________________________________________ ____________________
Augusta Recreation & Parks Department Date
________________________________________ ____________________
Deke Copenhaver, Mayor Date
Attachment number 1Page 3 of 3
Attachment number 2Page 1 of 2
Attachment number 2Page 2 of 2
Vendors:
Original 5 Copies
Fruit N Juicy
P.O. Box 865
Harlem, GA 30814
Yes Yes
Carolina Concessions
1907 Alan Avenue
Aiken, SC 29801
TCM Concessions
807 Crawford Avenue
Augusta, GA 30904
Snacks & More
3246 M & M Road
Appling, GA 30802
Tropical Snow
230 Quail Ridge Drive
Jackson, SC 29831
Cool Delights, Inc
3328 Washington Road
Augusta, GA 30907
JC Concessions, LLC
4025 Culver Street
Martinez, GA 30907
Dawgs-N-Buns
2215 Tobacco Road
Augusta, GA 30906
Ronlyn Food Services
1102 Laney Walker Blvd
Augusta, GA 30901
Yes Yes
Wholesale Convenience Store
1301 12th Street
Augusta, GA 30901
Southern Delights, LLC
608 Randolph Street
Aiken, SC 29803
Yes Yes
RFQ Item #09-012A
Concessions Operator
For the City of Augusta - Augusta Recreation & Parks Department
RFQ Opening Date: Wednesday, March 11, 2009 at 3:00 P.M.
Non-Compliant
Failed to affix Corporate Seal to
the Non-Collusion Affidavit of Bidder/Offeror
Attachment number 3Page 1 of 1
Attachment number 4Page 1 of 1
Attachment number 5Page 1 of 2
Attachment number 5Page 2 of 2
Public Service Committee Meeting
3/23/2009 12:30 PM
Georgia Golf Hall of Fame Statues
Department:Clerk of Commission
Caption:Motion to approve a Resolution in support of Georgia Golf Hall of Fame
Statues being displayed throughout Augusta during Masters Week.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Public Service Committee Meeting
3/23/2009 12:30 PM
Lease First Tee
Department:Recreation and Parks
Caption:Motion to approve the renewal of the lease for the First Tee of Augusta.
Background:The Augusta Commission approved an initial ten year lease in March,
1999 with Fore Augusta for the city property on Damascus Rd. where the
First Tee golf facility was constructed. This has been a very successful
operation and has benefited thousands of youth with golf and life skills
instruction over these last ten years.
Analysis:The services offered by the First Tee are worthwhile and important for the
citizens and are provided without city funding. This lease would be for an
additional ten years.
Financial Impact:none
Alternatives:None
Recommendation:To approve
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
STATE OF GEORGIA )
COUNTY OF RICHMOND )
LEASE AGREEMENT
THIS LEASE, made this ____ day of ________, 2009, by and between AUGUSTA-
RICHMOND, GEORGIA, a political subdivision of the State of Georgia, as Lessor (hereinafter
referred to as County”) and FORE! AUGUSTA FOUNDATION, INC., a non-profit corporation
organized and existing under the laws of the State of Georgia, as Lessee (hereinafter referred to
as “FORE! Augusta”).
W I T N E S S E T H:
WHEREAS, the County is the owner of the hereinafter described property located on
Damascus Road in Richmond County, Georgia; and
WHEREAS, FORE! Augusta desires to continue to lease said property for the purpose of
operating and maintaining a golf facility for children and youth under such terms and conditions
as are hereinafter set forth; and
WHEREAS, the County desires FORE! Augusta to operate the facility and programs
herein described and designed to meet the needs of children and youth for golf recreational
opportunities.
NOW, THEREFORE, the parties hereto, for and in consideration of the premises and
the mutual covenants herein contained, do hereby agree each for itself and its successors and
assigns as follows:
1. PREMISES. The County does hereby lease unto FORE! Augusta and FORE!
Augusta does hereby lease from the County the following described property (hereinafter called
“Premises”), to wit:
SEE EXHIBIT “A” ATTACHED HERETO
2. THE USE OF PREMISES. The Premises shall be used for the operation of a
golf facility, including at least four (4) holes, a driving range and a club house, and the operation
of golf programs conducted by FORE! Augusta.
Attachment number 1Page 1 of 6
3. TERM. The term of this Lease shall be for a period of ten (10) years beginning
on the date of this Lease Agreement.
The parties wish to lease the Premises for a twenty (20) year term, with an option to
FORE! Augusta to renew the Lease for two additional ten (10) year terms. Upon being advised
that the County may not have the power to enter into such a long-term lease, this ten (10) year
lease is being executed; however, in view of the very substantial investment by FORE! Augusta
(both financial and volunteer services), the parties urge their successors to know of and be
guided by their original intentions, although not being legally bound to do so.
4. RENTAL. FORE! Augusta agrees to pay the County an annual rental of One
Dollar ($1.00) with the rental of Ten Dollars ($10.00) for the entire initial term hereof having
been paid in advance, upon the execution and delivery of this Lease Agreement. The County
hereby acknowledges the receipt of such rental payment. The County further acknowledges that
the rental payment together with the value of the improvements constructed on the Premises by
FORE! Augusta and the operation of the golf program conducted by FORE! Augusta for the
citizens of the County are good and adequate consideration to the County and fully support the
lease of the Premises to FORE! Augusta.
5. MAINTAINENCE AND CONSTRUCTION OF IMPROVEMENTS. FORE!
Augusta shall maintain the Premises, at no expense to the County, by maintaining thereon not
less than four (4) holes of golf, a driving range, and a club house for use in its golf program. All
maintenance and construction, if any, shall be done in conformance with all applicable federal,
state and local laws, ordinances, rules and regulations and pursuant to plans and specifications
therefore which must be approved by the County prior to beginning the construction thereof, as
evidenced by the Administrator’s approval noted on the plans and specifications within thirty
(30) days of submission of same to the Administrator for approval. Should no objection to such
plans be made within such thirty (30) day period, the plans shall be deemed to have been
approved.
All buildings, facilities and other improvements constructed or to be constructed upon the
Premises by FORE! Augusta shall be and remain a part of said Premises and shall by surrendered
to County by FORE! Augusta at the expiration or earlier termination of the term of this Lease
Agreement. At the expiration or earlier termination of the term of this Lease Agreement, title to
all the improvements located on the Premises or constructed thereon by or at the direction of
FORE! Augusta shall vest in County free and clear of any liens or other encumbrances.
Attachment number 1Page 2 of 6
In the event that at the termination of the Lease Agreement there are any liens or
encumbrances against the Premises or any improvements located thereon which have not been
satisfied by FORE! Augusta, County shall have the option of satisfying the same in which event
FORE! Augusta shall forthwith reimburse County for any and all costs and expenses, plus
reasonable attorney’s fees and legal costs incurred by the County in connection therewith.
6. ABANDONMENT OF USE. If during the term of this Lease Agreement any or
all of the golf facilities or its structures and or grounds on the Premises, are destroyed or so
substantially damaged so as to make it unusable, and if FORE! Augusta, for a period of one (1)
year after the date of such destruction or damage, fails to rebuild, repair and/or replace the golf
facility, its structure and/or grounds, or substantially commence construction of the same, or
should FORE! Augusta fail to maintain and use the Premises for the primary purposes of
conducting golf lessons, clinics and related activities for children and youth, or should FORE!
Augusta utilize the Premises for any other purpose other than specified herein, then the County
may, by giving written notice and a thirty (30) day right to cure such default to FORE! Augusta,
terminated this Lease Agreement and take possession of the Premises.
7. IDEMNIFICATION AND INSURANCE. FORE! Augusta shall indemnify
County against any claims, causes of action, expenses, losses or liabilities paid, suffered or
incurred, including reasonable attorney fees and litigation expenses, by County in defense of any
such claims and/or causes of action as the result of any breach of this Lease Agreement by FORE!
Augusta, FORE! Augusta’s agents, servants, employees, visitors or licensees of any covenant or
condition of this lease, or as the result of FORE! Augusta’s use or occupancy of the demised
Premises, or the carelessness, negligence or improper conduct of FORE! Augusta, FORE!
Augusta’s visitors, agents, employees, patrons, or invitees. FORE! Augusta’s liability under this
lease also extends to the acts and omissions of any subtenant and any agent, servant, employee,
patrol, or invitee of FORE! Augusta or any such subtenant.
During the term of this Lease Agreement, FORE! Augusta shall maintain general public
liability insurance covering death, injury or damage to person or property occurring on the
Premises or related in any way to the use and operation of the Premises and the improvements
now or hereafter located thereon with limits of not less than One Million Dollars ($1,000,000) per
occurrence and Three Million Dollars ($3,000,000) in the aggregate. Such insurance policy shall
name the County as an additional insured, shall be written by an insurer duly licensed in the State
of Georgia, and shall be of such form as is acceptable to County. A copy of the insurance policy
and evidence of the payment of its premium shall be promptly furnished to the County and
Attachment number 1Page 3 of 6
thereafter annually each anniversary date. Such policy shall require that the County be given
thirty (30) days’ written notice of its cancellation or lapse.
8. NO ASSIGNMENT OR SUBLETTING BY FORE! AUGUSTA. FORE!
Augusta agrees to use the Premises herein described for the purpose herein stated, and for no
other; and there shall be no assignment or sub-letting of the whole or any part thereof, except
with the prior written consent of the County.
9. DEFAULT. In the event that FORE! Augusta should fail to observe any of
FORE! Augusta’s covenants and obligations as herein expressed or should FORE! Augusta
abandon the Premises or cease to operate a golf program as herein provided in Paragraphs 2 and
5 hereof, then upon the happening of such event, County shall give FORE! Augusta thirty (30)
days’ notice to comply with the provisions of this Lease Agreement, or if the conditions cannot
be remedied within said thirty (30) day period, to commence the remedy within said thirty (30)
day period and diligently pursue it to completion; and should FORE! Augusta fail to do so,
County shall have the option to declare this Lease Agreement terminated and at once take
possession of the Premises.
The rights and options given to County under this Paragraph 9 shall not be construed to
be in lieu of or restrictive of, any other rights which County may have under the law for the
enforcement of this Lease Agreement.
The failure of County to avail itself of any remedy which it may have hereunder shall at
no time be construed to be a waiver of County’s rights.
10. MAINTENANCE AND REPAIRS. During the term of this Lease, FORE!
Augusta shall be responsible for maintenance and repair to the Premises and all improvements
located thereon, FORE! Augusta shall keep the Premises neat, clean, free of trash and in good
and well maintained condition with an attractive appearance.
11. RELATIONSHIP LANDLORD/TENANT. This Agreement and any renewals
hereof shall create the relationship of landlord/tenant where the County shall be the landlord and
FORE! Augusta shall be the tenant. No estate shall pass out of County; and FORE! Augusta
shall have only the use of the Premises, which use is not subject to levy and sale and not
assignable by FORE! Augusta, except with the County’s prior written consent. No receiver,
trustee or other judicial officer shall have any right, title or interest in and to the Premises, except
with the prior written consent of the County.
Attachment number 1Page 4 of 6
12. UTILITIES. County shall not be under any obligation to supply the Premises
with water, heat, gas, electricity, power or any other utilities. All utility services and the cost
thereof shall be the responsibility of FORE! Augusta.
13. NO WAIVER OF DEFENSES. Nothing contained in this Lease Agreement
shall be construed to be a waiver of and the County expressly reserves any and all defenses of
sovereign immunity, official immunity and/or good faith immunity which may be applicable to
County for claims of third parties related to this Lease Agreement, the Premises, the
improvements now or hereafter located thereon, or the use of operation thereof.
14. TIME OF THE ESSENCE. Time is of the essence of this Lease Agreement.
15. GENERAL. (a) The various rights and remedies herein contained and reserved
to each of the parties shall not be considered as exclusive of any other right or remedy of such
party, but shall be construed as cumulative and shall be in addition to every other remedy now or
hereafter existing in law, in equity or by statute. No delay or omission of the right to excise any
power by either party shall impair any such right or power, or shall be construed as a waiver or
any default or as acquiescence therein. One or more waivers of any covenant, term or condition
of this Lease Agreement by either party shall not be construed by the other party as a waiver of a
subsequent breach of the same covenant, term or condition. The consent or approval by either
party to or of any act by the other party of a nature requiring consent or approval shall not be
deemed as a waiver or surrender of necessary consent to or approval of any subsequent similar
act.
(b) The invalidity or unenforceability of any provisions of this Lease Agreement shall
not affect or impair any other provision herein.
(c) This Lease Agreement sets forth all of the provisions, agreements, conditions,
covenants, terms and understandings between the parties relative to the demised Premises. There
shall be no provisions, agreements, conditions, covenants, terms, understandings, representations
or inducement, either oral or written, between the parties hereunder, unless reduced to writing
and signed by all parties to this Lease Agreement.
(d) That the terms and provisions of this Lease Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors, legal representatives and
assigns.
(e) This Lease Agreement shall be governed by and construed according to the laws of
the State of Georgia.
(f) Venue. All claims, disputes and other matters in question between all parties arising
out of or relating to the Lease Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. All parties, by executing this Agreement, specifically
consent to venue in Richmond County, Georgia and waive any right to contest venue in the
Superior Court of Richmond County, Georgia.
Attachment number 1Page 5 of 6
IN WITNESS WHEREOF, the said County and FORE! Augusta have caused same to be
executed by their proper officials, respectively and affixed their seals in duplicate, as of the day
and year first above written.
LESSOR:
AUGUSTA-RICHMOND COUNTY, GEORGIA
By_____________________________
Mayor
Attest ___________________________
Clerk of Commission
[SEAL]
LESSEE:
FORE! AUGUSTA FOUNDATION, INC.
By ________________________________
Title _______________________________
Attest ______________________________
[SEAL]
Attachment number 1Page 6 of 6
Public Service Committee Meeting
3/23/2009 12:30 PM
Modular Building Tennis Pro Shop for Diamond lakes Regional Park
Department:Tom F. Beck, Director, Recreation and Parks Department
Caption:Motion to Approve Bid Item 09-080, modular tennis pro shop for Diamond
Lakes Regional Park to Rainbow Homes for $49,900.
Background:Bids were solicited for a modular building that could serve as a tempoary
pro shop for the new tennis complex under construction at Daimond Lakes
Regional Park. A total of five (5) vendors responded, with two (2) deemed
non-compliant.
Analysis:Upon review of the bids, Rainbow Homes is the low, responsive bidder to
meet all the requirements as per the specifications. (See Attached Bid Tab)
Financial Impact:The purchase of this modular building is made possible from a $50,000
USTA Grant made to the City of Augusta.(See Attached Letter)
Alternatives:1. To Approve 2. Move no action, thus delaying the operations of the new
tennis faclity at Diamond Lakes Regional Park.
Recommendation:1. To approve a modular home for a tennis pro shop at Diamond Lakes
Regional Park to Rainbow Homes for $49,900.
Funds are Available in
the Following
Accounts:
United States Tennis Association Public Facility Funding Grant 08-07-246
Diamond Lakes Tennis Center $50,000
REVIEWED AND APPROVED BY:
Finance.
Procurement
Administrator
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 1
December 31, 2008
Richard Hatfield
Augusta Recreation and Parks Department
3103 Wrightsboro Road
Augusta, GA 30909
RE: Public Facility Funding Application
08-07-246 Diamond Lakes Tennis Center
,
Congratulations! We are pleased to inform you that Diamond Lakes Tennis Center
has been selected to receive a UUSSTTAA PPuubblliicc FFaacciilliittyy FFuunnddiinngg grant for 20% of
your project costs (max amount $50,000.00).
The grant funds will be distributed as the project progresses and the attached
accountability form is returned. We hope you use this opportunity to publicize your
facility and tennis in your community. The USTA would like to celebrate the
announcement with you so please call Shannon Hatton at 914-438-8078 if you
need information on the program or to coordinate interviews with USTA staff as
you publicize the grant.
A goal of the USTA is to provide communities access to safe, appealing and
functional tennis environments and we are happy to partner with Augusta
Recreation and Parks Department
to achieve this goal in Augusta, GA. The essence of this initiative is to assist
communities leverage their tennis facilities to promote lifelong healthy activity and
improve their programming by advancing the latest tennis innovations for all
program types.
Thank you for efforts to promote the game of tennis in your community and the
commitment to keep the facility open to the public and provide programs for the
next 5+ years.
We look forward to seeing the infrastructure upgrades provided in part with funds
from a USTA grant.
Sincerely,
Kurt Kamperman
Chief Executive Community Tennis
US Tennis Association
Pc: John Callan Section Executive Director
Scott Schultz, Recreational Tennis Managing Director
Virgil Christian, Community Tennis Development Director
Attachment number 3Page 1 of 1
Invitation to Bid
Sealed bids will be received at this office until Friday, March 13, 2009 at 11:00 A.M. for
furnishing:
Bid Item 09-080 Modular Building for Tennis Pro Shop at Diamond Lakes Regional
Park for Recreation & Parks Department
Bids’ will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
BID documents may be obtained at the office of Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by Fax at 706-821-2811
or by mail. .No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a
local bidder and receive bid preference on an eligible local project, this certificate and a
copy of your local business license must be submitted with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of
opening. A 10% Bid bond is required to be submitted in a separate envelope so marked
along with the bidders’ qualifications; a 100% performance bond and a 100% payment
bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents
including financial statements and references and such other attachments that may be required
by the bid invitation are material conditions of the bid. Any package found incomplete or
submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending
that he/she has been improperly disqualified from bidding due to an incomplete bid submission
shall have the right to appeal to the appropriate committee of the Augusta commission. Please
mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the
office of the Procurement Department is not advisable. Acquisition of BID documents from
unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate
information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 19, 24, 26, March 5, 2009
Metro Courier February 25, 2009
cc: Tameka Allen Interim Deputy Administrator
Tom Beck Recreation & Parks
Ron Houck Recreation & Parks
Attachment number 4Page 1 of 1
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Attachment number 5Page 1 of 1
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Rainbow Homes
1939 Gordon Highway
Augusta, Georgia 30909
Attn: James See
Rainbow Homes
1939 Gordon Highway
Augusta, Georgia 30909
Attn: James See
Rainbow Homes
1939 Gordon Highway
Augusta, Georgia 30909
Attn: James See
Freedom Homes
1919 Gordon Highway
Augusta, Georgia 30909
Attn: Sam Evans
Freedom Homes
1919 Gordon Highway
Augusta, Georgia 30909
Attn: Sam Evans
Freedom Homes
1919 Gordon Highway
Augusta, Georgia 30909
Attn: Sam Evans
Regal Homes LLC of Augusta
2205 Barton Chapel Road
Augusta, GA 30909
Attn: Shawn St Germaine
Regal Homes LLC of Augusta
2205 Barton Chapel Road
Augusta, GA 30909
Attn: Shawn St Germaine
Regal Homes LLC of Augusta
2205 Barton Chapel Road
Augusta, GA 30909
Attn: Shawn St Germaine
Oasis Homes
1905 Gordon Highway
Augusta, Georgia 30909
Attn: Mike Ritz
Oasis Homes
1905 Gordon Highway
Augusta, Georgia 30909
Attn: Mike Ritz
Oasis Homes
1905 Gordon Highway
Augusta, Georgia 30909
Attn: Mike Ritz
New Century Homes
3642 Peach Orchard Highway
Augusta, Georgia 30906
Attn: Linda Williams
New Century Homes
3642 Peach Orchard Highway
Augusta, Georgia 30906
Attn: Linda Williams
New Century Homes
3642 Peach Orchard Highway
Augusta, Georgia 30906
Attn: Linda Williams
Omega Homes
1844 Gordon Highway
Augusta, GA 30904
Attn: Jimmy Walker
Omega Homes
1844 Gordon Highway
Augusta, GA 30904
Attn: Jimmy Walker
Omega Homes
1844 Gordon Highway
Augusta, GA 30904
Attn: Jimmy Walker
Access One
700 Milwaukee Avenue North
Algona, WA 98001
Attn: Garrett Schnarr
Access One
700 Milwaukee Avenue North
Algona, WA 98001
Attn: Garrett Schnarr
Access One
700 Milwaukee Avenue North
Algona, WA 98001
Attn: Garrett Schnarr
Mobile Modular
3300 Hamilton Mill Road Suite 102
P. O. Box 151
Buford, GA 30519
Attn: Andrew Redeker
Mobile Modular
3300 Hamilton Mill Road Suite 102
P. O. Box 151
Buford, GA 30519
Attn: Andrew Redeker
Mobile Modular
3300 Hamilton Mill Road Suite 102
P. O. Box 151
Buford, GA 30519
Attn: Andrew Redeker
MFG Modular
1006 Bowens Mill Road
Douglas, GA 31535
Attn: J J Spivey
MFG Modular
1006 Bowens Mill Road
Douglas, GA 31535
Attn: J J Spivey
MFG Modular
1006 Bowens Mill Road
Douglas, GA 31535
Attn: J J Spivey
Jectar Builders, Inc
55 Kingdom Drive
Jasper, GA 30143
Attn: Daniel Hekmat
Jectar Builders, Inc
55 Kingdom Drive
Jasper, GA 30143
Attn: Daniel Hekmat
Jectar Builders, Inc
55 Kingdom Drive
Jasper, GA 30143
Attn: Daniel Hekmat
Attachment number 8Page 1 of 2
CSI
P. O. Box 2990
Augusta, GA 30904
Attn: J. H. Hyde
CSI
P. O. Box 2990
Augusta, GA 30904
Attn: J. H. Hyde
CSI
P. O. Box 2990
Augusta, GA 30904
Attn: J. H. Hyde
J R Nixx & Associates
3165 Village Glen Trail
Snellville, GA 30039
Attn: J R Nixx
J R Nixx & Associates
3165 Village Glen Trail
Snellville, GA 30039
Attn: J R Nixx
J R Nixx & Associates
3165 Village Glen Trail
Snellville, GA 30039
Attn: J R Nixx
Georgia Modular Systems
144 Stuart Way
Fitzgerald, GA 31750
Attn: Hope Shealey
Georgia Modular Systems
144 Stuart Way
Fitzgerald, GA 31750
Attn: Hope Shealey
Georgia Modular Systems
144 Stuart Way
Fitzgerald, GA 31750
Attn: Hope Shealey
Dodge Plan Room
1281 Broad Street
Augusta, GA 30901
Attn: Linda Blackston
Tom Beck
Augusta Recreation & Parks
Department
Ron Houck
Augusta Recreation
Department
Yvonne Gentry
Augusta DBE Office
Bid Item #09-080
Addendum 2
Modular Building for Tennis Pro Shop
At Diamond Lakes Regional Park
Attachment number 8Page 2 of 2