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HomeMy WebLinkAbout2009-09-08-Meeting Agendawww.augustaga.gov Public Service Committee Meeting Committee Room- 9/8/2009- 12:30 PM PUBLIC SERVICES 1. Discuss Augusta, GA Code Sections 7-1-117 thru 7-1-118 and Section 7-1-120 that relate to the performance of Electrical, Plumbing, and HVAC work by building contractors in Augusta-Richmond County. Attachments 2. Motion to approve a revised landscape plan for new headquarters library to include the small garden in front of the building on Greene St. This plan has been approved by the Historic Commission. Attachments 3. Motion to approve a consulting engineering services agreement for HVAC replacement at Julian Smith Casino to Pruett, Ford and Associates for $19,000. Attachments 4. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Ramada Inn, (aka: Ameri Host Inn & Suites), 2650 Center West Parkway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Attachments 5. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Best Western Garden City Inn, 2650-B Center West Parkway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Attachments 6. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Country Inn & Suites, 105 Sherwood Drive, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Attachments 7. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Days Inn & Suites, 3039-B Washington Road, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Attachments 8. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Staybridge Suites of Augusta, 2540 Center West Parkway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Attachments 9. Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B.Webster Detention Center. Attachments Public Service Committee Meeting 9/8/2009 12:30 PM Building & Construction Policy Review Department:License & Inspection Department Caption:Discuss Augusta, GA Code Sections 7-1-117 thru 7-1-118 and Section 7-1-120 that relate to the performance of Electrical, Plumbing, and HVAC work by building contractors in Augusta-Richmond County. Background:The Augusta, GA Code currently provides that Electrical, Plumbing, and HVAC contractors are required to employ State certified personnel before being licensed to perform electrical, plumbing, and HVAC contracting and construction in Augusta- Richmond County, each person, firm or Corporation desiring such license shall have a person regularly employed who has been certified by the Georgia State Construction Industry Board. No person holding State certification as an electrician, plumber or HVAC contractor shall allow his certificate to be used, directly or indirectly, for the purpose of obtaining a permit, business license, or to perform work unless said person is employed by the firm applying for the permit, business license or performing said work. Any person found guilty of using another person's master's certification for the purpose of obtaining a permit or doing work under a certificate other than his own shall be subject to penalty as prescribed in Augusta, GA Code Section 7-1-120. Analysis:Discussion necessary to determine if the Commission desires to modify and or change any portion of sections 7-1-117 thru 7-1-118 or Section 7-1-120. Financial Impact:None 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 9/8/2009 12:30 PM change Order 21-Library Landscaping Department:Library Caption:Motion to approve a revised landscape plan for new headquarters library to include the small garden in front of the building on Greene St. This plan has been approved by the Historic Commission. Background:When the construction contract was awared, it included plantings along James Brown Blvd, the south side of the bldg and the parking area, but did not include the 'green area' at the north of the bldg. It was planned that this would be added later. The design was proposed and then revised to a lower amount to save some on the cost of the Greene St are. The plan proposed here includes the original planting plus additional to make an appealing garden area on Greene Street. Analysis:The original plan provided trees as required but did not include the garden area on Greene Street outside the children's area. Financial Impact:Additional $29,757. The attached shows total cost, plus additions and the credit from the original proposal. Alternatives:Stay with the original which would provide planting of trees to meet local ordinances and have no green space on north side of bldg. Recommendation:Accept this one. Funds are Available in the Following Accounts: SPLOST 324-05-1120 202150320 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 13 Attachment number 1Page 2 of 13 Attachment number 1Page 3 of 13 Attachment number 1Page 4 of 13 Attachment number 1Page 5 of 13 Attachment number 1Page 6 of 13 Attachment number 1Page 7 of 13 Attachment number 1Page 8 of 13 Attachment number 1Page 9 of 13 Attachment number 1Page 10 of 13 Attachment number 1Page 11 of 13 Attachment number 1Page 12 of 13 Attachment number 1Page 13 of 13 Public Service Committee Meeting 9/8/2009 12:30 PM Engineering Sevices Agreement for HVAC Replacement at Lake Olmstead Julian Smith Casino Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve a consulting engineering services agreement for HVAC replacement at Julian Smith Casino to Pruett, Ford and Associates for $19,000. Background:As mechanical engineers of record at the Casino, Pruett, Ford and Associates were issued a purchase order in 2008 to provide the Department with a written study that would analyze the system requirements and system performance of the HVAC system at the Casino. The study recommended the replacement of the system entirely due to performance failure, the equipment being at the end of its economic life, and code compliant issues. Analysis:Based on the need for HVAC replacement at the Casino, the City of Augusta made eapplication and received an energy Efficiency and Conservation Grant (EECBG) through the Department of Energy for $350,000 as part of the Federal Recovery Act Stimulus Program. This project aligned with the eligible activity, Energy Efficiency Retrofits - opprtunities for governmental agencies to retrofit existing facilities to improve energy efficiency. Financial Impact:Federal funds will provide the funding for the design and replacement of the HVAC system at the Julian Smith Casino. Alternatives:1. To approve. 2. Move no action delaying the design and installation of the new HVAC system at this very popular rental facility located on Lake Olmstead Park. Recommendation:1.T approve a engineering services agreement with Pruett, Ford and Associates for $19,000. Funds are Available in the Following Accounts: Federal Energy Grant Program Fund 220 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Augusta - Julian Smith Casino HVAC renovation rev2.docx Proposal and Agreement to Provide Consulting Engineering Services to: Augusta Recreation and Parks Department Mr. Ron Houck 2027 Lumpkin Rd. Augusta, GA 30916 Project Description Julian Smith Casino HVAC Renovation: The project scope involves the renovation and replacement of the HVAC systems serving the assembly area of the Julian Smith Casino in Augusta, Georgia. The design solution is as described in the study generated by the Engineer. A. Agreement: Consulting Engineering Services Pruett, Ford & Associates, Inc. ("Engineer"), will provide design and specifications to the Augusta Recreation and Parks Department ("Owner") for design of Mechanical systems and other related systems for the Julian Smith Casino HVAC Renovation. B. Scope of Services: Our services will include the following: PHASE I - Construction Document Preparation: 1. Survey of the existing building and drawings. 2. Design of interior HVAC, Plumbing, Electrical and Structural systems to a point approximately 5 feet outside of the building perimeter. 3. Preparation of reproducible HVAC, Plumbing, Electrical and Structural Drawings. 4. Preparation of Construction Documents and Specifications suitable for reproduction. PHASE II - Construction Administration: 5. Review of Shop Drawings. 6. Periodic Site Inspections during Construction and Site Inspection Reports. C. Qualifications to Part B: 1. [not used] 2. No energy analysis or life-cycle cost analysis is included in the proposal. 3. No design of atrium smoke evacuation systems is included in this proposal. 4. No environmental permitting document preparation for fuel-burning equipment is included in this proposal. Attachment number 1Page 1 of 3 Augusta - Julian Smith Casino HVAC renovation rev2.docx 5. The cost of services such as land surveying, soil boring, airflow testing and water system flow testing which may be required for completion of the design, are not included in this proposal. 6. This proposal does not include the cost of reproducing multiple sets of construction documents to potential bidders. Printing costs associated with documents printed for distribution to bidders will be reimbursed to the Engineer at actual cost. 7. [not used] 8. The review of shop drawings by the Engineer shall be limited to evaluating the conformance of the submittal with the overall design concept only. 9. The Engineer shall bear no responsibility for project jobsite safety during the construction phase of the project. 10. The Engineer assumes no liability for the construction Contractor s means and methods. The Engineer does not assume the obligation to ensure the Contractor s compliance with plans and specifications, or compliance with applicable Construction Codes. 11. This proposal and agreement is between the two parties designated Owner and Engineer, and is not assignable by either party to a third party, unless by written agreement between the two parties. D. Additional Services: Any required services not specified in Part "B" of this Proposal shall be considered "Additional Services" and can be provided at a proposed price for specific changes or at an hourly rate as specified in Part "F" below. Additions and/or changes to the Scope of Work, including but not limited to the floor plans, general arrangements or equipment layout will be accounted for by utilizing Design Change Notices (DCN's) issued by the Engineer. Compensation for DCN's shall be paid to the Engineer by the Owner and shall be based on the Rate Schedule shown below. E. Use of Documents: The Drawings and Specifications shall not be used by the Owner on other projects, for additions to this Project, or for completion of this Project by others, provided Pruett, Ford & Associates, Inc., is not in default under this agreement, except by agreement in writing and with appropriate compensation to Pruett, Ford & Associates, Inc. as provided in Part "F" of this Proposal. F. Billing and Payment: Attachment number 1Page 2 of 3 Augusta - Julian Smith Casino HVAC renovation rev2.docx 1. The price for the services as defined in Part "B", Paragraphs 1 through 6, shall be a stipulated sum of Nineteen Thousand Dollars ($19,000.00). 2. The Hourly Rates for Additional Services are as follows: Principal $ 140.00/Hour Registered Engineer $ 110.00/Hour Project Engineer $ 90.00/Hour Project Designer II $ 70.00/Hour Project Designer I $ 55.00/Hour Drafting $ 40.00/Hour Clerical/Word Processing $ 40.00/Hour Travel $ .48/Mile AutoCad document files $50.00/drawing sheet Direct Expense 1.0 Times Actual Expense 3. Billing shall be made monthly based on progress, due in 30 days. All invoice payment not postmarked within 30 days of invoice date will be assessed at 1-1/2% interest charge per month. G. Acceptance: If this Proposal is acceptable to the Augusta Recreation and Parks Department, please provide authorization by signing below and returning a copy to us within 30 days of August 6, 2009. PRUETT, FORD AND ASSOCIATES, INC. 1201 Broad St., Suite 3A, Augusta, Georgia 30901 By: Date: August 6, 2009 Client:_______________________________ By:_________________________________ Date:_______________________________ Attachment number 1Page 3 of 3 Public Service Committee Meeting 9/8/2009 12:30 PM Hotel / Motel Excise Tax ; Transportation and Tourism Fee Department:License & Inspection Caption:Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Ramada Inn, (aka: Ameri Host Inn & Suites), 2650 Center West Parkway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Background:The owner of Ramada Inn, (aka: Ameri Host Inn & Suites) is delinquent in submitting Hotel / Motel Excise Taxes and Transportation & Tourism Fees and it is recommended that the Business Tax Certificate be suspended, revoked or placed on probation pursuant to the following Augusta- Richmond County Codes: FINANCE AND TAXATION: §2-1-38. Right to Deny, Suspend, or Revoke a Business Tax Certificate; (a). A Business Tax Certificate under Chapter may be denied, suspended, or revoked if one or more of the following exists: (3). The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. EXCISE TAX FOR HOTELS, MOTELS, ETC: § 2-2-28. REMITTANCE; WHEN DUE; INTEREST AND PENALTIES ON DELINQUENT TAXES. (a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta- Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. TRANSPORTATION AND TOURISM FEE: §2-22-33.5 TRANSPORTATION FEE RATES. Each Hotel collecting the Transportation Fee shall, on or before the 20th day of each month, submit to the Finance Director of Augusta a return indicating the number of occupied Room nights and the amount of Transportation Fees collected for the immediately preceding calendar month. Hotels will use a return form as prescribed by the Finance Director and will remit, along with the Return form, payment of the fees as calculated on the Return. Analysis:Mr. Jugal Purohit, d/b/a: Ramada Inn, (aka: Ameri Host Inn & Suites), 2650 Center West Parkway, is delinquent in paying Hotel / Motel Excise Taxes and Transportation & Tourism Fees for the months of May, June and July; and delinquent Penalties and Interest for the months of March and April. Financial Impact:N/A Alternatives:N/A Cover Memo Recommendation:Pay delinquent penalties and interest. Submit tax /fee returns, and payments by the end of September 2009. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Public Service Committee Meeting 9/8/2009 12:30 PM Hotel / Motel Excise Tax ; Transportation and Tourism Fee Department:License & Inspection Caption:Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Best Western Garden City Inn, 2650-B Center West Parkway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Background:The owner of Best Western Garden City Inn is delinquent in submitting Hotel / Motel Excise Taxes and Transportation & Tourism Fees and it is recommended that the Business Tax Certificate be suspended, revoked or placed on probation pursuant to the following Augusta-Richmond County Codes: FINANCE AND TAXATION : §2-1-38. Right to Deny, Suspend, or Revoke a Business Tax Certificate; (a). A Business Tax Certificate under Chapter may be denied, suspended, or revoked if one or more of the following exists: (3). The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. EXCISE TAX FOR HOTELS, MOTELS, ETC: § 2-2-28. REMITTANCE; WHEN DUE; INTEREST AND PENALTIES ON DELINQUENT TAXES. ( a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. TRANSPORTATION AND TOURISM FEE: §2-22-33.5 TRANSPORTATION FEE RATES. Each Hotel collecting the Transportation Fee shall, on or before the 20th day of each month, submit to the Finance Director of Augusta a return indicating the number of occupied Room nights and the amount of Transportation Fees collected for the immediately preceding calendar month. Hotels will use a return form as prescribed by the Finance Director and will remit, along with the Return form, payment of the fees as calculated on the Return. Analysis:Mr. Jugal Purohit, d/b/a: Best Western Garden City Inn, 2650-B Center West Parkway, is delinquent in paying Hotel / Motel Excise Taxes and Transportation & Tourism Fees for the months of May, June and July; and delinquent Penalties and Interest for the months of March and April. Financial Impact:N/A Alternatives:N/A Cover Memo Recommendation:Pay delinquent penalties and interest. Submit tax /fee returns, and payments by the end of September 2009. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Public Service Committee Meeting 9/8/2009 12:30 PM Hotel / Motel Excise Tax ; Transportation and Tourism Fee Department:License & Inspection Caption:Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Country Inn & Suites, 105 Sherwood Drive, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Background:The owner of Country Inn & Suites is delinquent in submitting Hotel / Motel Excise Taxes and Transportation & Tourism Fees and it is recommended that the Business Tax Certificate be suspended, revoked or placed on probation pursuant to the following Augusta-Richmond County Codes: FINANCE AND TAXATION : §2-1-38. Right to Deny, Suspend, or Revoke a Business Tax Certificate; (a). A Business Tax Certificate under Chapter may be denied, suspended, or revoked if one or more of the following exists: (3). The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. EXCISE TAX FOR HOTELS, MOTELS, ETC: § 2-2-28. REMITTANCE; WHEN DUE; INTEREST AND PENALTIES ON DELINQUENT TAXES. (a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. TRANSPORTATION AND TOURISM FEE: §2-22-33.5 TRANSPORTATION FEE RATES. Each Hotel collecting the Transportation Fee shall, on or before the 20th day of each month, submit to the Finance Director of Augusta a return indicating the number of occupied Room nights and the amount of Transportation Fees collected for the immediately preceding calendar month. Hotels will use a return form as prescribed by the Finance Director and will remit, along with the Return form, payment of the fees as calculated on the Return. Analysis:Mr. Jugal Purohit, d/b/a: Country Inn & Suites, 105 Sherwood Drive, is delinquent in paying Hotel / Motel Excise Taxes and Transportation & Tourism Fees for the months of May, June and July; and delinquent Penalties and Interest for the months of March and April. Financial Impact:N/A Alternatives:N/A Cover Memo Recommendation:Pay delinquent penalties and interest. Submit tax /fee returns, and payments by the end of September 2009. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Public Service Committee Meeting 9/8/2009 12:30 PM Hotel / Motel Excise Tax ; Transportation and Tourism Fee Department:License & Inspection Caption:Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Days Inn & Suites, 3039-B Washington Road, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Background:The owner of Days Inn & Suites is delinquent in submitting Hotel / Motel Excise Taxes and Transportation & Tourism Fees and it is recommended that the Business Tax Certificate be suspended, revoked or placed on probation pursuant to the following Augusta-Richmond County Codes: FINANCE AND TAXATION: §2-1-38. Right to Deny, Suspend, or Revoke a Business Tax Certificate; (a). A Business Tax Certificate under Chapter may be denied, suspended, or revoked if one or more of the following exists: (3). The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. EXCISE TAX FOR HOTELS, MOTELS, ETC: § 2-2-28. REMITTANCE; WHEN DUE; INTEREST AND PENALTIES ON DELINQUENT TAXES. (a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. TRANSPORTATION AND TOURISM FEE: §2-22-33.5 TRANSPORTATION FEE RATES. Each Hotel collecting the Transportation Fee shall, on or before the 20th day of each month, submit to the Finance Director of Augusta a return indicating the number of occupied Room nights and the amount of Transportation Fees collected for the immediately preceding calendar month. Hotels will use a return form as prescribed by the Finance Director and will remit, along with the Return form, payment of the fees as calculated on the Return. Analysis:Mr. Jugal Purohit, d/b/a: Days Inn & Suites , 3039-B Washington Road, is delinquent in paying Hotel / Motel Excise Taxes and Transportation & Tourism Fees for the months of May, June and July; and delinquent Penalties and Interest for the months of March and April. Financial Impact:N/A Alternatives:N/A Cover Memo Recommendation:Pay delinquent penalties and interest. Submit tax /fee returns, and payments by the end of September 2009. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Public Service Committee Meeting 9/8/2009 12:30 PM Hotel / Motel Excise Tax ; Transportation and Tourism Fee Department:License & Inspection Caption:Discussion: consider probation, suspension or revocation of the Business Tax Certificate for Mr. Jugal Purohit, d/b/a: Staybridge Suites of Augusta, 2540 Center West Parkway, for failure to pay Hotel/Motel Excise Taxes and Transportation & Tourism Fees. Background:The owner of Staybridge Suites of Augusta is delinquent in submitting Hotel / Motel Excise Taxes and Transportation & Tourism Fees and it is recommended that the Business Tax Certificate be suspended, revoked or placed on probation pursuant to the following Augusta-Richmond County Codes: FINANCE AND TAXATION: §2-1-38. Right to Deny, Suspend, or Revoke a Business Tax Certificate; (a). A Business Tax Certificate under Chapter may be denied, suspended, or revoked if one or more of the following exists: (3). The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. EXCISE TAX FOR HOTELS, MOTELS, ETC: § 2-2-28. REMITTANCE; WHEN DUE; INTEREST AND PENALTIES ON DELINQUENT TAXES. (a) Dealers shall pay the hotel and motel tax with such remittance form as prescribed by Augusta-Richmond County. Each dealer shall remit the tax to the Augusta-Richmond County Commission, Hotel and Motel Tax, P.O. Box 9270, Augusta, Georgia 30906, with check or money order payable to the Commission. (b) Such excise tax shall be paid monthly within twenty (20) days after the end of each month. TRANSPORTATION AND TOURISM FEE: §2-22-33.5 TRANSPORTATION FEE RATES. Each Hotel collecting the Transportation Fee shall, on or before the 20th day of each month, submit to the Finance Director of Augusta a return indicating the number of occupied Room nights and the amount of Transportation Fees collected for the immediately preceding calendar month. Hotels will use a return form as prescribed by the Finance Director and will remit, along with the Return form, payment of the fees as calculated on the Return. Analysis:Mr. Jugal Purohit, d/b/a: Staybridge Suites of Augusta, 2540 Center West Parkway, is delinquent in paying Hotel / Motel Excise Taxes and Transportation & Tourism Fees for the months of May, June and July; and delinquent Penalties and Interest for the months of March and April. Financial Impact:N/A Alternatives:N/A Cover Memo Recommendation:Pay delinquent penalties and interest. Submit tax /fee returns, and payments by the end of September 2009. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Public Service Committee Meeting 9/8/2009 12:30 PM Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B. Webster Detention Center Department:Public Services Caption:Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B.Webster Detention Center. Background:Years ago, the State of Georgia deeded to Augusta-Richmond County land on Phinizy Road where the Charles B. Webster Detention Facility was later built. Masters City Little League, LLC has facilities and several ball fields adjacent to that property. MastersCity has a long term lease from the State of Georgia for use of that property for its activities. Inadvertently, when the state deeded the land to Augusta-RichmondCounty, a portion of the land on which MastersCity’s facilities is located was included in the deed to Augusta. At the present time, a portion of the Masters City Little League facilities is located on land owned by Augusta. MastersCity has been desirous of entering into a lease of that strip of land on which its facilities already exist. Masters City Little League is a private non-profit organization which raises and collects funds from Augusta-RichmondCounty citizens and voters who use the facilities to provide Little League activities to their children. The funds raised by MastersCity is used for maintenance and improvements to support their program and MastersCity has over the years invested large sums of money into these facilities. Their Board and their users want some kind of written assurance of their right to continued use of the property before they continue to expend donated sums to maintain and improve the facilities. Analysis:At the present time, there are no long term plans of expansion of the Charles B. Webster Detention Facility that would necessitate using any of the land that Masters City Little League currently uses or would be subject of the proposed lease. This matter has been reviewed by the Sheriff and jail officials, Tom Beck of the Recreation Department as well as Bob Munger, who have all indicated that a long term lease with Masters City would not in any way affect any future expansion plans of the Charles B. Webster Detention Facility for at least several decades. The proposed lease is a lease with a one year term that would automatically renew itself on an annual basis for additional one year terms. The lease also provides that it can be terminated by either party upon 90 days notice. Therefore, if it ever becomes necessary in the future to utilize the land subject to the lease, Augusta can terminate the lease upon 90 days notice which should be more than ample time. Financial Impact:None Cover Memo Alternatives:Not to enter into any lease with Masters City and continuing the status quo. Recommendation:Approve lease with Masters City Little League, LLC Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 1 AGENDA ITEM TO: COMMISSION FROM: JAMES W. ELLISON, COUNSEL FOR SHERIFF STRENGTH DATE: August 13, 2009 SUBJECT: Lease of premises adjacent to Charles B. Webster Detention Center on Phinizy Road to Masters City Little League, LLC CAPTION: Motion to approve lease between Augusta, Georgia and Masters City Little League, LLC for lease of premises adjacent to Charles B. Webster Detention Center BACKGROUND: Years ago, the State of Georgia deeded to Augusta-Richmond County land on Phinizy Road where the Charles B. Webster Detention Facility was later built. Masters City Little League, LLC has facilities and several ball fields adjacent to that property. Masters City has a long term lease from the State of Georgia for use of that property for its activities. Inadvertently, when the state deeded the land to Augusta-Richmond County, a portion of the land RQZKLFK0DVWHUV&LW\¶VIDFLOLWLHVLVlocated was included in the deed to Augusta. At the present time, a portion of the Masters City Little League facilities is located on land owned by Augusta. Masters City has been desirous of entering into a lease of that strip of land on which its facilities already exist. Masters City Little League is a private non-profit organization which raises and collects funds from Augusta-Richmond County citizens and voters who use the facilities to provide Little League activities to their children. The funds raised by Masters City is used for maintenance and improvements to support their program and Masters City has over the years invested large sums of money into these facilities. Their Board and their users want some kind of written assurance of their right to continued use of the property before they continue to expend donated sums to maintain and improve the facilities. ANALYSIS: At the present time, there are no long term plans of expansion of the Charles B. Webster Detention Facility that would necessitate using any of the land that Masters City Little League currently uses or would be subject of the proposed lease. This matter has been reviewed by the Sheriff and jail officials, Tom Beck of the Recreation Department as well as Bob Munger, who have all indicated that a long term lease with Masters City would not in any way affect any future expansion plans of the Charles B. Webster Detention Facility for at least several decades. The proposed lease is a lease with a one year term that would automatically renew itself on an annual basis for additional one year terms. The lease also provides that it can be terminated by either party upon 90 days notice. Therefore, if it ever becomes necessary in the future to utilize the land subject to the lease, Augusta can terminate the lease upon 90 days notice which should be more than ample time. Attachment number 1Page 1 of 2 2 FINANCIAL IMPACT: None. ALTERNATIVES: Not to enter into any lease with Masters City and continuing the status quo. RECOMMENDATION: Approve lease with Masters City Little League, LLC Administrator: COMMITTEE ACTION: Attachment number 1Page 2 of 2 1 STATE OF GEORGIA ) RICHMOND COUNTY ) LEASE AGREEMENT THIS LEASE made and entered into this ______ day of _____________, 2009, by and between AUGUSTA, GEORGIA, a political subdivision organized and existing under the laws of the State of Georgia, hereinafter referred to as Lessor, and MASTER CITY LITTLE LEAGUE, LLC, a corporation organized and existing under the laws of the State of Georgia, hereinafter referred to as Lessee: W I T N E S S E T H: For and in consideration of the sum of Ten Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration in hand well and truly paid at and before the dealing and delivery of these presents the parties agree as follows: 1. Lessor agrees to lease to Lessee for an initial period of one (1) year from the date of this agreement, all that lot, tract and parcel of land being shown and designated as DQ³$&´ on the plat attached as Exhibit A and by reference incorporated herein, to which reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds, locations and distances of said property. 2. Lessee agrees that the premises leased hereunder shall be used exclusively for general recreation purposes and in the event that said premises are abandoned or cease to be used by Lessee for general recreation purposes, then and in any of those events, all rights of the Lessee to the use of said land shall immediately cease and the land and all improvements thereon shall revert absolutely and without encumbrance or restriction to the Lessor. 3. Lessee agrees that the premises leased hereunder shall be properly maintained to acceptable standards for public recreational use, to include regular mowing and trimming of grass, collection and disposal of garbage, cleaning of parking areas, repairs and painting of buildings and other structures, and regular upkeep of all signage on property. An annual property inspection of all leased area Attachment number 2Page 1 of 3 2 shall be conducted by Augusta on the anniversary of the initial date of the lease each year until the lease terminates as provided herein. 4. Lessee agrees to indemnify, save and hold harmless Lessor against and all claims arising out of or in any other way connected with the use of the leased premises during the term of this lease or otherwise prior to delivery by Lessee to Lessor of possession of the premises. As part of this indemnification clause, Lessee agrees to indemnify Lessor against any and all liability, loss, cost, damage or expense sustained by Lessor including attorney's fees and other expenses of litigation in any way connected with the use of the premises including the access street referred to above. 5. Lessee agrees to main liability insurance in an amount of not less than One Million ($1,000,000.00) Dollars which shall be written so as to protect Lessor from any and all claims for personal injury including death which may be in any way connected with use of the premises leased herein. Lessee agrees to have Lessor named as co-insured on the policy of insurance obtained and to file certificates of insurance with the Lessor reflecting Lessor's status as a co-insured. The insurance required herein shall be subject to the approval of lessor, both for the adequacy of protection and approval of the insurer. 6. The Lessee shall not sell or assign this lease or sublet the leased premises or any part thereof. 7. Lessee shall pay any and all real property taxes, if any, levied on the premises or any improvements thereon during the term of this lease. 8. The parties hereto agree that in the event either party wishes to cancel this lease, cancellation may be effective by the giving of ninety days (90) notice from the canceling party to the other party. The notice as provided for herein shall be sent by certified or registered mail return receipt requested. Cancellation of this lease as provided for herein shall be effective ninety (90) days from the date of the notice as provided for herein. Attachment number 2Page 2 of 3 3 9. Unless notice of cancellation of this lease is given by either party as provided in the preceding paragraph herein, this lease shall automatically renew for an additional one (1) year term on the anniversary date of the execution of this lease. 10. Any notices required under this lease shall be provided as follows: LESSOR: Administrator, Augusta, Georgia City-County Building 530 Greene Street Augusta, GA 30911 LESSEE: Masters City Little League P.O. Box 6223 Augusta, GA 30906 IN WITNESS WHEREOF, the Lessor and Lessee have caused this agreement to be executed on the day and year first above written. Signed, sealed and delivered ) in the presence of: ) AUGUSTA, GEORGIA ) _________________________ ) By: ___________________________ ) As its Mayor _________________________ ) NOTARY PUBLIC, STATE OF _____ ) ATTEST: MY COMMISSION EXPIRES: _____ ) ) _______________________________ ) Clerk ) Signed, sealed and delivered ) MASTER CITY LITTLE LEAGUE, LLC In the presence of: ) ) By: ____________________________ ____________________________ ) As its ______________________ ) ____________________________ ) NOTARY PUBLIC, STATE OF _____ ) ATTEST: MY COMMISSION EXPIRES: ______ ) _________________________________ Attachment number 2Page 3 of 3 Attachment number 3Page 1 of 1