HomeMy WebLinkAbout2014-05-12-Meeting Agenda
Public Service Committee Meeting Commission Chamber- 5/12/2014- 12:45 PM
PUBLIC SERVICES
1. Request to approve the FY2015 FTA 5303 Metropolitan
Transportation Planning Grant for 2015.
Attachments
2. New Application: A. N. 14 - 17: A request by Della Samuels
for an on premise consumption Beer license to be used in
connection with My Nuk Nuks located at 2655 B Barton
Chapel Rd. District 4. Super Distrct 10.
Attachments
3. Report from the Interim Administrator regarding an update
concerning the resolution of the outstanding issues
involving the Convention Center and Parking Deck.
Attachments
4. Discussion: A request by Rufus Van Jr. for a Dance Hall
license to be used in connection with U 21 Game Room &
Entertainment Center located at 1511 North Leg Rd. There will
be Dance. District 5. Super District 9.
Attachments
5. Approve the First Amendment to the contract with Augusta
Lawn & Turf, Inc. for lawn services at Augusta Regional
Airport as approved by the Augusta Aviation Commission at
their April 24, 2014 meeting.
Attachments
6. Approve the bid award and contract with Gold Mech, Inc. for
HVAC maintenance and emergency repair for Augusta
Regional Airport as approved by the Augusta Aviation
Commission at their April 24, 2014 meeting.
Attachments
7. Motion to approve an award of contract with Cypress Golf
Management to manage the operations of the Augusta
Municipal Golf Course.
Attachments
8. Presentation from Mr. Mike Samadi regarding the revocation of
a Painter's Bond.
Attachments
www.augustaga.gov
9. Motion to approve the minutes of the Public Services
Committee held on April 28, 2014.
Attachments
10. Motion to approve entering into a contract with NOVA
ENGINEERING for SPECIAL INSPECTIONS AND
CONSTRUCTION MATERIALS TESTING associated with
construction of the AUGUSTA GA New IT Building. (Bid 14-
141)
Attachments
11. Motion to approve a New Lease Agreement between Augusta,
Georgia and Green Jackets Baseball, LLC.
Attachments
12. To approve as information, Recreation Program Fee
Adjustments for 2014.
Attachments
13. Request to amend the Recreation, Parks and Facilities budget to
accept a donation from the Buffalo Soldiers.
Attachments
14. Motion to approve Augusta Public Transit’s purchase of the
following items through: Grant Project GA-90-X307-00 - One
(1) Ticket Vending Machine (TVM) ($94,209.60).
Attachments
15. ZA-R-232 – A request for concurrence with the Augusta
Georgia Planning Commission to approve a petition to amend
the Comprehensive Zoning Ordinance by amending Section
28-A-5 (Telecommunication Tower - District Regulations) to
require stealth towers in all Residential and Professional zones.
(Referred from April 28 Public Services Committee)
Attachments
Public Service Committee Meeting
5/12/2014 12:45 PM
A request to approve the FY 2015 FTA 5303 Metropolitan Transportation Planning Grant
Department:Planning and Development Dept.
Caption:Request to approve the FY2015 FTA 5303 Metropolitan
Transportation Planning Grant for 2015.
Background:The Augusta Planning & Development Department is the
Metropolitan Planning Organization (MPO) and as planning
authority for Augusta, Georgia/Richmond County Georgia
requests a Title 49 USC Section 5303 Metropolitan Planning
Grant to aid in transportation planning. Activities involved may
include, but not be limited to, review of transportation planning
issues, development of goals and objectives to address those
issues, and development of a transportation planning program
which meets the stated goals and objectives.
Analysis:Without approval of this item the Planning and Development
Department cannot proceed with grant applications for available
funds.
Financial Impact:Local funds will be provided by the City of Augusta in the form of
matching funds.
Alternatives:Approve the request and receive the funds or deny and forfeit
funds
Recommendation:Approve request and receive planning funds for transportation
projects.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 1
Item # 1
Public Service Committee Meeting
5/12/2014 12:45 PM
Alcohol Application
Department:Planning & Development
Caption:New Application: A. N. 14 - 17: A request by Della Samuels for
an on premise consumption Beer license to be used in connection
with My Nuk Nuks located at 2655 B Barton Chapel Rd. District
4. Super Distrct 10.
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $665.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 2
Item # 2
Attachment number 1 \nPage 2 of 2
Item # 2
Public Service Committee Meeting
5/12/2014 12:45 PM
Convention Center & Parking Deck Update
Department:Administrator
Caption:Report from the Interim Administrator regarding an update
concerning the resolution of the outstanding issues involving the
Convention Center and Parking Deck.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Public Service Committee Meeting
5/12/2014 12:45 PM
Dance Hall Application
Department:Planning & Development
Caption:Discussion: A request by Rufus Van Jr. for a Dance Hall license
to be used in connection with U 21 Game Room & Entertainment
Center located at 1511 North Leg Rd. There will be Dance.
District 5. Super District 9.
Background:This is a new application.
Analysis:The applicant meets the requirements of the Dance Hall
Ordinance.
Financial Impact:The applicant will pay a fee of $121.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
makes no recommendation.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
Attachment number 1 \nPage 1 of 5
Item # 4
Attachment number 1 \nPage 2 of 5
Item # 4
Attachment number 1 \nPage 3 of 5
Item # 4
Attachment number 1 \nPage 4 of 5
Item # 4
Attachment number 1 \nPage 5 of 5
Item # 4
Public Service Committee Meeting
5/12/2014 12:45 PM
First Amendment to Augusta Lawn & Turf, Inc. Contract
Department:Augusta Regional Airport
Caption:Approve the First Amendment to the contract with Augusta Lawn
& Turf, Inc. for lawn services at Augusta Regional Airport as
approved by the Augusta Aviation Commission at their April 24,
2014 meeting.
Background:Augusta Lawn & Turf has been providing lawn services for the
Airport since June 2011. The first contract was awarded in the
amount of $52,582.00 and expired May 31, 2012 and was
subsequently amended for one additional year. A new RFP was
advertised in 2013 with Augusta Lawn and Turf again being the
successful proponent at $61,581.00 annually with an expanded
scope of services involving 1,574,727 sq. ft., of landscaped
property. The contractor has performed as required and is eligible
for a one year extension at the same rate.
Analysis:This amendment will extend the contract for one additional year
commencing June 30, 2014 at the same annual rate of $61,581.00.
In addition, there is a provision for increased expenditures for
additional landscaping services associated with the 2015 Masters
if approved separately by the Augusta Aviation Commission at a
rate to be determined by the Commission at that time. Allowances
of up to $30,000.00 have been approved in previous years for
special Masters landscaping projects.
Financial Impact:Total amount of this amendment as presented is not to exceed
$61,581.00.
Alternatives:Deny request.
Recommendation:Approve the request to accept the first amendment to the Augusta
Lawn & Turf, INC Contract.
Funds are Available
in the Following 551081113-5212999 Cover Memo
Item # 5
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
FIRST AMENDMENT TO
THE CONTRACT
FOR
GROUNDS AND LANDSCAPING MAINTENANCE
AT THE AUGUSTA REGIONAL AIRPORT
BETWEEN
AUGUSTA GEORGIA
AND
AUGUSTA LAWN AND TURF, INC.
Attachment number 1 \nPage 1 of 3
Item # 5
FIRST AMENDMENT TO THE ANNUAL CONTRACT FOR GROUNDS AND LANDSCAPING MAINTENANCE Page 2 of 3
THIS FIRST AMENDMENT TO THE CONTRACT to be effective on June 30, 2014, by and
between, AUGUSTA GEORGIA, a political subdivision of the State of Georgia, acting through
the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta
Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and
Augusta Lawn & Turf, Inc. whose address is 3618 Phillips Dr., Martinez GA 30907 hereinafter
called “Contractor”.
WITNESSETH:
WHEREAS, Augusta, Georgia is the owner and operator of a full service commercial
airport known as the Augusta Regional Airport;
WHEREAS, on July 1, 2013, the Parties entered into a Contract for Grounds and
Landscaping Maintenance for the Airport;
WHEREAS, the Contract term was for one year, with a one year renewal term for said
services; and
WHEREAS, the Parties have agreed to exercise the renewal term to be effective June
30, 2014;
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, Augusta, Georgia and the Contractor hereby agree as follows:
1.
Section 1.4 Term is hereby amended to exercise the one year renewal term at the same
rates and terms to be effective June 30, 2014.
2.
Except as amended herein all other terms and conditions of the Contract shall remain
the same.
Attachment number 1 \nPage 2 of 3
Item # 5
FIRST AMENDMENT TO THE ANNUAL CONTRACT FOR GROUNDS AND LANDSCAPING MAINTENANCE Page 3 of 3
CONTRACTOR:
AUGUSTA LAWN AND TURF, INC.
BY:
Title:
Printed Name:
AIRPORT APPROVED:
AUGUSTA AVIATION COMMISSION
BY: ______________________________
Douglas Lively, Chairman
COUNTY
AUGUSTA, GEORGIA
BY:
David Copenhaver, Mayor
Attest: _________________________
Clerk: __________________________
(Seal)
APPROVED AS TO FORM:
___________________________________
County Attorney
Attachment number 1 \nPage 3 of 3
Item # 5
Public Service Committee Meeting
5/12/2014 12:45 PM
HVAC Award and Contract
Department:Augusta Regional Airport
Caption:Approve the bid award and contract with Gold Mech, Inc. for
HVAC maintenance and emergency repair for Augusta Regional
Airport as approved by the Augusta Aviation Commission at their
April 24, 2014 meeting.
Background:A new Request for Proposal (RFP) for routine and emergency
HVAC services was solicited in January 2014, and opened on
February 13, 2014, for implementation on June 1, 2014. The
Augusta Aviation Commission has not had a contract in the past
for these services. A lack of a regular preventative maintenance
program and an increasing annual cost for emergency service on
the airport’s HVAC systems has led to the need for a regular
service contract.
Analysis:There were two proposals received and graded for selection.
Following the ranking process by the procurement committee,
separate seals were broken for the fees proposed by each
contractor and final points for award tabulated (evaluation sheet
attached). Gold Mech, Inc., was the overall winner with average
points of 96.0 from the committee. A final contract is attached for
review and recommended execution in the amount of $39,500.00
annually, or $3,291.66.00 monthly.
Financial Impact:Airport staff estimates on this service was $36,000.00 per year.
Alternatives:Deny request.
Recommendation:Approve the bid award and contract with Gold Mech, Inc. for
routine and emergency HVAC services with Augusta Regional
Services.
Funds are Available
in the Following
Accounts:
551081113-5212999
Cover Memo
Item # 6
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
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6
Request for Proposal
Request for Proposals will be received at this office until Wednesday, February 13, 2014 @ 3:00 p.m. for
furnishing:
RFP Item 14-110 Custodial Services for Augusta Regional Airport
RFP Item 14-111 Routine Maintenance Services & Emergency Maintenance Services to HVAC
Systems for Augusta Regional Airport
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
For RFP Item 14-110 – Custodial Services a Pre-Proposal Conference will be held on Friday January
31, 2014 @ 11:00 a.m.
For RFP Item 14-111 – Routine Maintenance Services & Emergency Maintenance Services to HVAC
Systems – a Pre-Proposal Conference will be held on Friday, January 31, 2014 @ 12:00 p.m.
There will be a non mandatory site visit for both projects at the Augusta Regional Airport following the
last meeting at 1:00 p.m.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday,
February 4, 2014 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand
delivered.
No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening.
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall
include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms
and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are considered
material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All
requests to waive or modify any such material condition shall be submitted through the Procurement Director
to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia
Commission. Please mark RFP number on the outside of the envelope.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places
the proponent at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle January 16, 21, 23, 30, 2014
Metro Courier January 22, 2014
Revised: 3/5/2013
Attachment number 2 \nPage 1 of 1
Item # 6
UNOFFICIAL
VENDORS Attachment B E-Verify #SAVE Form Original 6 Copies
Fee
Proposal
GOLD MECH, INC.
1557 BROAD STREET
AUGUSTA, GA 30904
YES 292548 YES YES 6 Copies YES
COLUMBIA MECHANICAL
4096 BUSINES PARK COURT
EVANS, GA 30809
YES 372031 YES YES 6 Copies YES
RFP Opening
RFP Item #14-111
Routine Maintenance Services & Emergency Maintenance Services to HVAC Systems
for Augusta, Georgia - Augusta Regional Airport
RFP Due: Tuesday, February 18, 2014 @ 3:00 p.m.
The following vendors did not respond:
Sig Cox Mechanical Contractors / 1431 Greene Street / Augusta, GA 30901
C W HAYES Mechanical Maintenance & Construction / 4034 Gracewood Dr. / Gracewood, GA 30906
Southern Mechanical Inc. / 3072 Damascus Rd. / Augusta, GA 30909
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 6
GOLD MECH, INC.
1557 BROAD STREET
AUGUSTA, GA 30904
COLUMBIA
MECHANICAL
4096 BUSINES PARK
Evaluation Criteria Points
(A) Business History and Relevant
Business Experience 25 23.3 20.0
(B) Unique Benefits and Services
Bidder will Provide to the Airport 15 15.0 12.7
(C) Qualifications to Include
Personnel and Owned Equipment 10 10.0 10.0
(D) Contract Review Comments
and Completion Information 5 5.0 5.0
(E) Communications Plan 5 5.0 5.0
(F) Management Plan 15 14.3 13.0
(G) Customer Satisfaction
Program 5 5.0 4.7
(H) HVAC Maintenance Schedule 5 4.3 5.0
(I) Financial Statement 5 5.0 3.3
(J) References 5 5.0 5.0
(K) RFP Costs Worksheets
Lowest Price - 5 pts
Second - 4 pts
Third - 3 pts
Fourth - 2 pts
Fifth - 1 pt
Sixth - no pts
5 4.0 5.0
(1) Routine Service
(2) Emergency Service
(3) Extra Work
Total Points 100 96.0 88.7
Cumulative Evaluation Sheet - RFP Item # 14 111
Routine Maintenance Services & Emergence Maintenance Services to HVAC Systems
For Augusta, Georgia – Augusta Regional Airport
Vendors
Attachment number 4 \nPage 1 of 1
Item # 6
Attachment number 5 \nPage 1 of 1
Item # 6
Attachment number 6 \nPage 1 of 3
Item # 6
Attachment number 6 \nPage 2 of 3
Item # 6
Attachment number 6 \nPage 3 of 3
Item # 6
Attachment number 7 \nPage 1 of 1
Item # 6
ATTN: BOB SHAW
GOLD MECH, INC.
1559 BROAD STREET
AUGUSTA, GA 30904
ATTN: DERRELL NEWMAN
SIG COX MECHANICAL CONTRACTORS
1431 GREENE STREET
AUGUSTA, GA 30901
GIESBRECHT HVAC
420 E BOUNDARY APT C130
AUGUSTA, GA 30901
Returned mail
ATTN: WARREN MOBLEY
MOBLEY MECHANICAL CONSTRUCTION
P. O. BOX 204367
MARTINEZ, GA 30907
ATTN: BART HILLMLAN
SOUTHERN MECHANICAL INC.
3072 DAMASCUS ROAD
AUGUSTA, GA 30909
ATTN: DOUG CRAWFORD
BILLL JAMES & SONS MECH. CONT.
1225 NEW SAVANNAH ROAD
AUGUSTA, GA 30901
C W HAYES MECHANICAL
MAINTENANCE & CONSTRUCTION
4034 GRACEWOOD DRIVE
GRACEWOOD, GA 30906
COLUMBIA MECHANICAL
4094 BUSINES PARK COURT
EVANS, GA 30809
LARRY PITTMAN & ASSOCIATES
1249 GORDON PARK ROAD
AUGUSTA, GA 30901
Gary LeTellier
Augusta Regional Airport Bill Thompson
Augusta Regional Airport
Yvonne Gentry
LSBOP
3rd Floor
Municipal Building
RFP Item 14-111 Routine Maintenance
Services & Emergency Maintenance
Services to HVAC Systems mailed 1/16/14
RFP Item 14-111
Routine Maintenance Services & Emergency
Maintenance Services to HVAC Systems
For Augusta Regional Airport
Bid Due: Tues. 2/13/14 @ 3:00 p.m.
Attachment number 8 \nPage 1 of 1
Item # 6
Public Service Committee Meeting
5/12/2014 12:45 PM
Management Operations of the Augusta Municipal Golf Course
Department:Recreation, Parks and Facilities
Caption:Motion to approve an award of contract with Cypress Golf
Management to manage the operations of the Augusta Municipal
Golf Course.
Background:The Augusta Municipal Golf Course has been a valuable social
and athletic venue for our community. For over eighty years, “The
Patch” has made public golf affordable for our citizens. Augusta’s
most recent effort to maximize this great asset has resulted in a
solicitation through a Request for Proposal (RFP 13-218) to
provide management operations for the Augusta Municipal Golf
Course.
Analysis:Bids were received January 22, 2014. Six (6) firms were eligible,
as a result of a mandatory pre-bid to participate. Four (4)
proposals were received of which two (2) were deemed non-
compliant. As a result of the evaluation process conducted,
Cypress Golf Management was scored and ranked number 1
between the two firms interviewed. The Department of
Recreation, Parks and Facilities recommended Cypress Golf and
were authorized by the Procurement Department to begin
negotiations.
Financial Impact:See Attached
Alternatives:1. To Approve an award of contract to Cypress Golf Management
for management operations of the Augusta Municipal Golf
Course. 2. Move No Action.
Recommendation:1. Move to Approve.
Funds are Available
in the Following
Accounts:
101061451
Cover Memo
Item # 7
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
CGM Basic Mgmnt Agreement 5 5 2014 clean
CYPRESS GOLF MANAGEMENT
GOLF COURSE OPERATIONS MANAGEMENT AGREEMENT
THIS AGREEMENT is made this ____ day of _________ 2014 (the “Execution Date”),
by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter
referred to as “Owner”), and Cypress Golf Management, LLC a Florida Limited Liability
Company (hereinafter referred to as “Manager”).
WITNESSETH:
WHEREAS, Owner owns a golf property commonly known as the Augusta Municipal
Golf Course, located at 2023 Highland Avenue (hereinafter referred to as "the AGC"); and
WHEREAS, Owner has the right to own, operate, manage, control, care for, improve,
preserve, and maintain the AGC, including the authority to engage Manager to maintain and
operate the AGC and to manage improvements to the AGC that are authorized by Owner; and
WHEREAS, Manager generally is experienced in maintaining and managing operations
at golf course properties, and
WHEREAS, Owner desires to avail itself of the expertise, advice, assistance and other
abilities of Manager for the management, maintenance and operation of the AGC;
NOW, THEREFORE, for good and valuable consideration, including the covenants
herein contained and to be performed by Owner and Manager, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
SECTION 1
APPOINTMENT OF MANAGER; OBJECTIVES
1.1 Appointment of Manager. Subject to the terms of this Agreement, Owner hereby
appoints Manager as its exclusive agent to supervise, direct and control the management,
marketing and operation of the AGC, and if directed, to supervise all improvements to the AGC
authorized by Owner. Subject to the provisions of this Agreement, Manager , as agent of and for
the benefit of Owner, shall be responsible for all matters and facets relating to the management,
operation, and improvement of the AGC. Manager hereby accepts such appointment, upon and
subject to the terms, conditions and restrictions herein contained, and undertakes and agrees to
perform, as agent of and for the benefit of Owner, all of the services set forth in this Agreement
and to comply with all of the provisions of this Agreement. It is expressly understood and
agreed that this Agreement shall cause Manager to be an independent contractor and shall not
create any employer-employee, joint venture, or partnership relationship, either express or
implied, between Manager (or any person employed by Manager) and Owner.
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CGM Basic Mgmnt Agreement 5 5 2014 clean
1.2 Objectives of the Parties. Owner and Manager acknowledge and agree that their
joint and principal objectives are to protect and maintain the assets of the AGC, properly
supervise and manage the daily operations of the AGC, provide full and accurate accounting for
the financial affairs of the AGC, maximize revenue from the operations of the AGC and take
such other measures, subject to Owner approval, that may serve to enhance the asset value of the
AGC to support the disposition of the property on the most favorable possible terms.
SECTION 2
OPERATIONS; ANNUAL BUSINESS PLAN & BUDGET; RESPONSIBILITY FOR
OPERATING EXPENSES
2.1 Operations. Manager shall be responsible for conducting the day-to-day operations
and management of the AGC in accordance with the Annual Operating Budget as approved by
Owner, and in accordance with the terms of this agreement. Manager shall have assumed
responsibility for the operation and management of the AGC as of 12:01 a.m. on the Effective
Date of this Agreement which shall be ________________, 2014.
2.2 Annual Business Plans and Annual Operating Budgets. Within 45 days of
commencing operations management services, Manager shall prepare and submit to the Owner
for approval a proposed business plan (“Annual Business Plan”), for the balance of the 2014
calendar year and a preliminary business plan for the 2015 calendar year. The Annual Business
Plan shall conform to golf industry standards. The proposed Annual Business Plan shall include
a line-by-line budget (the “Annual Operating Budget”) for the remainder of the 2014 calendar
year and a preliminary budget for the 2015 calendar year. The Annual Operating Budget shall
utilize a chart of accounts that conforms to golf industry standards.
For 2015 and subsequent years, Manager shall submit proposed Annual Business Plans and
proposed Annual Operating Budgets, conforming to the requirements set forth above, on or
before October 1 of the preceding year. Manager agrees to meet and confer with Owner’s
Finance Department, at the request of the Finance Department, from time to time and in timely
manner to discuss the initial budget and contents of the Annual Business Plan and annually
thereafter at the request of the Finance Department during Augusta’s budget process and during
the creation of the Annual Business Plan.
Owner shall notify Manager within forty five (45) days of its receipt of the proposed Annual
Business Plan if Owner has any objections to the Annual Business Plan. Otherwise, the Annual
Business Plan shall be deemed disapproved. If the Annual Business Plan is disapproved by
Owner, Manager and Owner shall enter into discussions in an attempt to determine mutually
satisfactory budgets and programs. Until the Annual Business Plan is approved by Owner, the
parties agree that Manager shall operate the AGC in accordance with the last previously
approved Annual Business Plan. Manager shall operate the AGC in substantial accordance with
the previous the Annual Business Plan until approved. Owner shall have final approval over the
Annual Business Plan and Annual Operating Budget, and once approved by the Owner, these
new documents shall replace all prior Business Plans and Budgets.
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Owner acknowledges that the performance of the AGC could be affected by circumstances or
events beyond Manager’s control, and Manager shall not be deemed to have made any guarantee,
warranty or representation whatsoever in connection with the Annual Business Plan or Annual
Operating Budget. Under no circumstances shall Owner have any claim or cause of action
against Manager in the event that the goals, targets and benchmarks established in the Annual
Business Plan and Annual Operating Budget are not met or achieved.
From time to time Manager may consider it advisable to propose changes to the currently approved
Annual Business Plan or Annual Operating Budget. In that event, Manager shall discuss the
proposed changes with Owner, and Owner shall make the final determination as to what changes, if
any, shall be made.
2.3 Operating Expenses: Owner is responsible for all operating expenses of the AGC; and
Owner shall provide sufficient funds to cover all operating expenses as provided in the approved
Annual Business Plan and Annual Operating Budget. Manager, acting as agent for Owner, shall
deposit all AGC revenues into a Revenue Account as designated by Owner. At the time
operation of the AGC is vested in Manager, Owner shall deliver, based on the Annual Operating
Budget, ninety (90) days of operating funds to Manager to be deposited in an Operating Account.
Manager shall have authority to draw upon the funds in the Operating Account to cover
operating expenses in accordance with the Annual Operating Budget. In the event that funds in
the Operating Account are not sufficient to cover operating expenses, Manager shall advise
Owner of the shortfall or potential shortfall and Owner shall deposit additional funds into the
Operating Account in a timely manner in order to insure that sufficient funds are available to
meet the operational requirements of the AGC as they become due and payable. Manager shall
have no obligation to cover any operating expenses, nor to contribute funds to any AGC
Operating Account.
Manager shall monitor the cash flow and cash requirements of the AGC and shall prepare
monthly cash flow forecasts and reports for Owner. In addition, Manager shall communicate
with Owner on a regular basis with respect to cash flow and funding requirements, so that Owner
may reasonably anticipate the cash flow requirements of the club and to the extent possible, have
as much advance notice as possible relative to the need to provide supplemental funding over
and above the funds available from club operations.
Manager may cause the AGC to incur any expense (i) that is included in the approved Annual
Operating Budget; (ii) that is needed to remedy any emergency situation that, in Manager’s
professional judgment is potentially hazardous, unsafe or damaging to the AGC; provided that
the amount required for such remedy does not exceed $5,000, or (iii) is otherwise expressly
approved by Owner. Manager shall not incur any expense that is not consistent with the Annual
Operating Budget without the prior written consent of the Owner, except in the case of an
emergency or as otherwise provided in this Agreement.
Except for salary costs, benefits or management or administration fees, Manager may reallocate up
to ten percent (10%) of any amount budgeted with respect to any one line item in the Annual
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Operating Budget to another line item budgeted therein, provided that the aggregate expenditures in
the Annual Budget are unaffected, and further provided that Owner is notified in writing of the
reallocation within ten (10) days. Unbudgeted minor expenditures unforeseen at the time of
preparation of the Annual Budget, and reasonably deemed necessary by Manager, may be made
without Owner's authorization except that unbudgeted expenditures aggregating more than $5,000
in any month, or more than $10,000 in any year, may not be made without Owner's written approval
in advance.
SECTION 3
DUTIES, AUTHORITY, AND RESPONSIBILITIES OF MANAGER
3.1 Duties, Authority, and Responsibilities of Manager. On and after the Effective
Date, except as expressly set forth herein, Manager, acting as Owner’s agent, shall be
responsible for the management, operation, organization, administration and maintenance of the
AGC. Manager shall have the authority and responsibility to exclusively operate and manage the
AGC and manage capital improvements provided for in the Annual Business Plan in such
manner as it, in its professional discretion, deems most likely to accomplish the objectives set
forth above, in accordance with the Annual Business Plan, Annual Operating Budget, and this
Agreement. Manager acknowledges and agrees that it does not have the right, to manage capital
improvement projects to the AGC that are in addition to and not provided for in the Annual Plan.
The responsibilities of Manager under this Agreement shall include, without limiting the
generality of the foregoing, the following:
a. Prepare and submit for Owner approval, in accordance with Section 2, above, a proposed
Business and Annual Operating Budget for the AGC.
b. Provide, in accordance with Section 3.2, accounting, financial management and financial
reporting services and support for the AGC. In addition, at the request Owner and as an
operating expense, annual audited financial statements prepared by an auditor chosen by
Owner.
c. Employ, either directly or through a third-party professional employer or employee
leasing company, all personnel required for the operation and maintenance of the AGC,
in accordance with the Annual Business Plan and Annual Operating Budget.
d. In accordance with Section 4 below, assist Owner in obtaining, at Owners expense,
property, casualty and liability insurance coverage for the AGC.
e. Acting as agent for Owner, collect all gross operating revenues derived from the
operation the AGC and pay all of the AGC’ operating expenses, including management
fees to Manager, and reimbursable expenses of Manager authorized under this agreement,
from these revenues.
Attachment number 1 \nPage 4 of 21
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f. Develop and implement quality control programs, customer service standards, operating
policies and procedures, employee handbooks and other guidelines for the operation of
the AGC.
g. Develop and implement golf course maintenance standards and practices that shall be
sufficient, in Manager’s professional judgment, to provide playing conditions that are
consistent with each AGC’s market position and competitive with conditions at
Comparable Facilities. For purposes of this Agreement, Comparable Facilities shall
mean the golf facilities commonly known as the Forest Hills Golf Club located in
Augusta, Georgia.
h. Acting as agent for Owner and in accordance with the Annual Operating Budget, enter
into service contracts and vendor agreements, but not for a term longer than the
unexpired term of this Agreement unless otherwise agreed to by Owner, as necessary to
support the operation and maintenance of the AGC. Such agreements may include, but
may not necessarily be limited to: janitorial services, waste collection and disposal
services, linen or uniform services, pest control services and the like.
i. Acting as agent for Owner and in accordance with the Annual Operating Budget,
purchase operating supplies, equipment and inventories as necessary to support the
operation and maintenance of the AGC. In the event Manager, in its managerial opinion
determines it is better to lease equipment, the term of such lease shall not be for a term
longer than the unexpired term of this Agreement, unless otherwise agreed to by Owner.
j. Develop and implement, in accordance with the Annual Operating Budget, housekeeping
and preventive maintenance programs for all buildings, grounds and facilities at the
AGC.
k. Acting as agent for Owner, and subject to Owner approval in advance, and in accordance
with the Annual Business Plan and the Annual Operating Budget, undertake minor repair
and replacement projects of a non-capital nature as defined by generally accepted
accounting principles.
l. Monitor compliance with pre-existing lease obligations or other contractual obligations
previously executed by and recommend new leases or contracts as necessary to support
the operation and maintenance of the AGC.
m. Insure that all AGC facilities and AGC operations conform to the requirements of local,
county, state and/or federal regulations, licenses, orders, permits and similar
requirements.
n. Insure that licenses and permits necessary to support the operation and maintenance of
the AGC are kept current and in good standing.
Attachment number 1 \nPage 5 of 21
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o. Insure that tax reporting and payment obligations of the AGC are satisfied in a complete,
accurate and timely manner.
p. Monitor AGC premises and facilities for situations that are potentially unsafe or
potentially hazardous and if such situations are determined to be present, take immediate
steps to remedy the situation in a cost-effective manner. Manager shall have authority to
take such remedial actions without Annual Budget authorization or other Owner
approval, provided that the cost of the remedy is $5,000 or less.
q. Perform such other tasks, upon the reasonable request of the Owner, as are customary and
usual in the operation of the AGC and Comparable Facilities.
3.2 Financial and Banking Matters. Owner shall establish or designate one or more
bank accounts as a Revenue Account, Operating Account and Capital Account for the AGC.
No accounts shall not be combined with any other accounts of Manager, and AGC funds shall
not be co-mingled with any funds of Manager. Manager, as Owner’s agent, shall provide
centralized accounting services and financial management functions, which shall be provided
from Manager’s golf operations accounting office in Orlando, Florida. Manager shall provide
for adequate controls, policies and procedures to safeguard cash, inventories and all other assets
of the AGC. Manager’s responsibilities in this regard shall include, but may not necessarily be
limited to, the following:
a. Collect and promptly deposit into the Revenue Account all revenue from AGC
operations.
b. Pay all AGC expenses from the Operating Account, including all amounts due to the
Manager as fees or reimbursable expenses so along as they are included in the Annual
Operating Budget or otherwise approved in writing by the Owner. Manager shall provide
appropriate oversight over AGC expenditures, including review of all invoices, plus
periodic reviews of purchase orders, delivery tickets, payroll reports and other records of
AGC expenditures.
c. Make distributions of excess cash to Owner as Owner may direct.
d. Prepare a daily report of AGC cash receipts in all revenue categories and provide same to
Owner on a weekly or more frequent basis if requested by Owner.
e. Provide appropriate cash controls, including regular reviews and comparisons of daily
bank deposits against cash register tapes, tee sheets and daily revenue reports, and
periodic spot audits of on-site cash control measures.
f. Maintain the chart of accounts and general ledger for each property.
g. Balance all accounts and maintain the balance sheet for each property.
Attachment number 1 \nPage 6 of 21
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h. Prepare monthly profit & loss statements and other financial reports as requested by the
Bank.
i. Conduct monthly physical count inventories in all departments of the AGC, and match
physical inventory reports to point of sale reports and delivery tickets.
j. Reconcile monthly bank statements.
k. Assist Owner in meeting Owner’s obligations with respect to local, state and federal
obligations are met with respect to tax filings, licenses, franchise fees, etc.
l. Within twenty (20) days following the close of each month, Manager shall provide to the
Owner monthly financial reports in such form and containing such information as Owner
may reasonably request, and which shall include a year-to-date report indicating actual
income and expenses compared to budgets for such period. Any substantial variance of
actual income and expenses from the Annual Operating Budget shall be explained in the
report.
m. Beginning six (6) months after the Effective Date, Manager shall collect a fee of two
dollars ($2.00) per eighteen hole round ($1.00 for 9 nine holes or less) (the
“Improvements Fee”) to be deposited into the Capital Account. Such funds shall be used
collected and held by Owner in the Capital Account to fund capital improvements as
provided in the Annual Business Plan or held to fund future capital improvements as
determined by Owner. The imposition of the fee may be delayed and/or eliminated in
Owner’s sole discretion.
3.3 Capital Improvements. As requested by Owner, Manager shall prepare capital
improvement plans and cost estimates for Owner review and approval. Funding for all capital
improvements shall be the Owner’s responsibility. No capital improvement project shall be
undertaken by Manager without Owner’s written approval in advance. Planning and
management of any capital improvement project provided for in the Annual Business Plan with a
total cost of $25,000 or less shall be considered part of Manager’s operations management
responsibilities under this agreement. For Manager’s services in planning and managing any
capital improvement project, or series of related projects, provided for in the Annual Business
Plan with a cost of more than $25,000, Manager shall receive an additional project management
fee as provided for in Section 10 herein. In the event that Owner elects to make capital
improvements to the AGC that are not provided for in the Annual Business Plan, either through a
request for proposals or request for qualifications bid process or otherwise, Manager shall have
the right to bid on the management of such capital improvement project but shall not have the
automatic right to manage such project(s) due to Manger’s designation as manager under this
Agreement.
3.4 Personnel and Employment Matters. In accordance with the approved Annual
Business Plan and Annual Operating Budget, Manager shall hire, supervise and discharge any
personnel necessary to be employed in order to properly carry out the objectives of this
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Agreement, and fulfill Manager’s obligations under this Agreement. Owner acknowledges that it
is Manager’s standard practice to employ club personnel through a professional employment
services subcontractor or employee leasing company. Employees of the Manager and/or
professional employment services subcontractor or employee leasing company are referred to as
employees of the Manager in this Agreement.
All salaries, wages and other employment-related costs of personnel employed by Manager
hereunder at the AGC, including, if applicable, but not limited to: severance payments, fringe
benefits, medical and health insurance, pension plans, social security taxes, worker’s
compensation insurance, administrative charges from the professional services subcontractor or
employee leasing company, and costs associated with employee recruitment or separation, shall
be deemed an operating expense of the AGC and shall be paid by Manager from the Operating
Account. Any raises, bonuses or other form of additional compensation to be paid to one or more
employees of Manager shall be approved, in advance by Owner. In the event that funds in the
Operating Account are not sufficient to cover employment costs, it shall be Owner’s
responsibility to provide sufficient funds per the provisions of Section 3.5 below.
3.5 Payroll Funding. Provided Manager has timely notified Owner that the Operating
Account has insufficient funds to fund all payroll and all other employment-related costs, it shall
be Owner's responsibility to insure that sufficient funds are available in the Operating Accounts
to fund all payroll and all other employment-related costs as set forth in Section 3.4. Advance
funding for payroll obligations shall be accomplished via a transfer of funds from the Operating
Account to a payroll account designated by Manager or by Manager’s professional services
subcontractor or employee leasing company. Manager shall be entitled to make such payroll
transfers in advance of each payday, and in the event that funds on deposit in the Operating Account
are insufficient to fund an upcoming payroll, Manager shall notify Owner and Owner shall be
responsible for timely depositing additional funds into the operating or payroll account.
3.6 Payroll Escrow Account. Provided that Manager provides accurate and timely
accounting information, it is not the intent of this Agreement that Manager, or Manager’s
professional services subcontractor or employee leasing company, shall ever be required to fund
any portion of payroll obligations for the AGC. To insure that this intent is fulfilled, Owner shall
establish, immediately upon the execution of this Agreement, a designated escrow account
(“Payroll Escrow Account”), and immediately shall deposit into that account an amount equal to
the maximum semi-monthly payroll estimated by Manager for the three months of this
Agreement. In the event that funds in the Operating Account are not sufficient to fund an
upcoming payroll, Manager shall notify Owner in writing of the shortfall. In the event that
Owner, after having received proper notice from Manager, fails to deposit additional funds in the
Operating Account sufficient to cover payroll obligations as provided for in the Annual
Operating Budget, Manager shall have authority, which authority shall be specified in the
documents establishing and governing the Payroll Escrow Account, to withdraw sufficient funds
from the Payroll Escrow Account and deposit said funds in the designated payroll account for the
AGC. Manager shall notify Owner in writing that the Payroll Escrow Account has been used to
fund payroll obligations, and Owner shall have five (5) days to deposit new funds into the
Payroll Escrow Account to restore that account to the original amount agreed upon. Failure by
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Owner to restore the funding in the Payroll Escrow Account, after having received proper notice
from Manager, shall constitute an Event of Default hereunder.
3.7 Other Employment Matters. Manager shall be responsible for compliance with all
laws, regulations and tax requirements relative to payroll and employment, with all such expenses to
be considered operating expenses of the AGC and covered from the Operating Account or other
funds provided by Owner. Manager shall be responsible for resolving any issues related to
employee compensation, unemployment claims and benefits, and all related expenses shall be
operating expenses of the AGC.
Manager shall be responsible for providing (either directly or through a professional services
subcontractor or employee leasing company) Workers Compensation & Employers Liability
Insurance and any Statutory Disability Coverage as may be required for the employees of the AGC.
The cost of such coverage shall be an operating expense of the AGC and shall be included in the
Annual Operating Budget. Owner shall be an Additional Named Insured, as its interests may
appear, on all Workers Compensation and Employers Liability policies.
3.8 Mortgages. Nothing herein contained shall prevent Owner from causing the AGC or
any portion thereof from being encumbered by a mortgage, deed of trust or trust deed in the nature
of a mortgage. Manager shall use diligent efforts to cause the operation of the AGC to comply with
all terms, conditions, covenants and obligations contained in any mortgage or loan agreement
related to the AGC, including, without limitation, the obligation to prepare and deliver required
financial statements and materials with respect to the AGC, or any substitute therefore of which
Manager is made aware. The rights of Manager under this Agreement, including, without
limitation, the right to receive payment of management fees and reimbursement of expenses, shall
not be subordinated to the rights of any lender under any applicable mortgage.
SECTION 4
INSURANCE
4.1 Insurance: Owner Obligations. Owner may self-insure, or at Owner’s option and at as
an operating expense of the AGC, purchase and maintain insurance including but not necessarily
limited to the coverage specified below. The Owner shall determine whether this insurance shall be
purchased directly by Owner or purchased by Manager on behalf of Owner. Manager shall
recommend coverage levels and provide Owner with comparative premium costs and other
information required by Owner in order to make such determination. All insurance shall be
maintained by financially sound and reputable insurance companies in at least such amounts as
are usually insured against by Owners of properties similar to the AGC in the same general
geographic area.
All insurance, except insurance to be provided by Manager per Section 4.3 below, shall be an
operating expense of the AGC and shall be paid by Manager from the Operating Accounts.
Estimated insurance premiums shall be included in the Annual Operating Budget.
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Owner shall either self-insure or obtain insurance coverages as follows:
a. Commercial General Liability coverage in an amount satisfactory to Owner and deemed
sufficient by owner to cover Owner’s operations and obligations pursuant to this agreement.
b. Liquor/Dram Shop liability coverage.
c. Fire and Extended Loss coverage.
d. Protection against loss or damage to real and personal property including but not limited to
Greens, Tees, Fairways, Trees, Shrubs, Plants, Walkways, Cart Paths, Sand Traps,
Structures, Patios, Furniture, Fixtures, Equipment, Awnings, Signs, and Course Accessories.
e. Inland Marine Coverage for Maintenance Equipment and Golf Carts (including loss of use
of same);
f. Boiler and Machinery Coverage.
g. Additional Business Coverage to include Business Interruption, Merchandise for Sale; Food
Spoilage; Valuable Papers; Accounts Receivable; and Employee Dishonesty.
h. Owned and Non-Owned Automobile Liability and Physical Damage to vehicles owned and
or operated by or on behalf of the Owner.
4.2 Insurance Coverage Extended. Manager shall be named under all such policies of
insurance as Additional Named Insured/Loss Payee as its interests may appear. Further, all such
policies of insurance shall maintain a waiver of subrogation in favor of Manager, et al. Owner
shall provide evidence of such coverage to Manager in the form of certificates of insurance and
endorsements to policies, which shall be updated at each anniversary of each insurance policy.
All applicable policies shall contain riders and endorsements adequately protecting the interests
of Owner and Manager as their respective interests may appear including, without limitation,
provisions for at least thirty (30) days notice to Manager and Owner for cancellation or any
material change therein. Owner shall hold all policies of insurance. Manager in consultation
with the Owner and acting as Owner’s agent, shall have the right to settle, compromise or
otherwise dispose of any insurance claims; except that Manager shall have no right to settle,
compromise or otherwise dispose of any claims, demands or liabilities in excess of $10,000,
whether or not covered by insurance, without the prior written consent of Owner.
4.3 Insurance: Manager Obligations. Manager shall maintain at its own cost and expense
in full force and effect during the term of this Agreement the following types and amounts of
insurance coverage (i) Commercial General Liability (CGL) insurance covering against claims
for contractual liability, personal injury, death and property damage to premises, personal and
advertising injury, products/completed operations ; such CGL policy shall have limits of not less
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than $2,000,000 per occurrence, $2,000,000 products/completed operations, and $2,000,000
general aggregate; (ii) Workers’ Compensation in accordance with applicable law; (iii)
Professional Liability insurance with minimum limits of $1,000,000 each incident; (iv)
Crime/Employee Dishonesty with a limits that are reasonable and acceptable to Owner naming
Owner as Loss Payee; and (v) Automobile Liability with limits of $1,000,000 CSL for all
owned, non owned or hired cars. Manager shall require all contractors to provide certificates of
insurance evidencing coverage as set forth in this section which shall be updated at each
anniversary of each insurance policy. Managers policies shall be primary and non contributory
and provide for Waiver of Subrogation in favor of Owner. Manager shall cause all contractors
and sub contractors to maintain the same limits of general liability, automobile liability and
workers’ compensation as Manager.
All CGL policies from Manager and any contractors shall name Owner, its mayor,
commissioners, employees and agents as additional insured’s. Manager is obligated to provide
direct notification of policy cancellation/material change or non-renewal upon immediate
notification by the carrier by either fax or e-mail.
SECTION 5
OBLIGATIONS AND DUTIES OF OWNER
5.1 Obligations and Duties of Owner. Owner shall cooperate with Manager so as to
enable Manager to carry out its obligations and responsibilities under this Agreement. This
cooperation shall include, but shall not be limited to, the following:
a. Performing all contractual obligations to which it is, at any time, a party relating in any
way to the AGC, including, without limitation, those agreements which Manager enters
into on behalf of Owner pursuant to this Agreement;
b. Cooperating with Manager and promptly responding to all inquiries and requests for
information, documentation or approvals to enable Manager to carry out its obligations
under this Agreement.
5.2 Owner Responsibility for Operating Expenses. Owner agrees to pay for all costs of
operating and maintaining the AGC, expressly including all payroll-related costs and
Management fees to Manager, as set forth in the approved Annual Operating Budget or as
otherwise provided for in this Agreement. To the extent AGC operating revenues are not
sufficient to fund payroll expenses or other operating expenses as budgeted, it shall be Manager's
responsibility to so advise Owner, and Owner then shall provide such funds as required, in a
timely fashion, by immediately depositing them into the Operating Account. Owner shall
establish and fund the Payroll Escrow Account as provided for in Section 3.5 herein, to insure
that Manager shall not be required to fund any payroll obligations of the AGC.
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SECTION 6
OWNER’S REPRESENTATIONS AND WARRANTIES
6.1 Owner’s Representations. Owner makes the following representations and
warranties to Manager:
a. Owner is political subdivision of the State of Georgia and is authorized to enter into this
Agreement. The individual executing this Agreement on behalf of Owner has full capacity,
right, power, and authority to sign the same on Owner’s behalf and to bind Owner thereto. This
Agreement shall be binding upon and enforceable against Owner in accordance with its terms.
b. To the best of Owner’s knowledge, neither the execution and delivery of this Agreement
by Owner nor Owner’s performance of any obligation hereunder (a) shall constitute a violation
of any law, ruling, regulation, or order to which Owner is subject, or (b) shall constitute a default
of any term or provision or shall cause an acceleration of the performance required under any
other agreement or document to which the AGC or any part thereof is subject.
6.2 Manager’s Representations. Manager makes the following representations and
warranties to owner:
a. Manager is authorized to, and in good standing to, conduct business in the State of
Florida and the State of Georgia. The individual executing this Agreement on behalf of Manager
has full capacity, right, power, and authority to sign the same on Manager’s behalf and to bind
Manager thereto. This Agreement shall be binding upon and enforceable against Manager in
accordance with its terms.
b. To the best of Manager’s knowledge, neither the execution and delivery of this
Agreement by Manager nor Manager’s performance of any obligation hereunder shall constitute
a violation of any law, ruling, regulation, or order to which Manager is subject.
SECTION 7
EVENTS OF DEFAULT; REMEDIES
7.1 Owner. With respect to Owner it shall be an event of default ("Event of Default")
hereunder; if any of the following shall occur:
a. If, upon thirty (30) days' notice Owner shall fail to make or cause to be made any payment
to Manager of any amounts due including the fees and reimbursements required to be made
hereunder;
b. If Owner shall fail to provide funding for all operating expenses of the AGC as set forth
herein, specifically including payroll and employment-related costs, and such default shall
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continue for a period of three (3) days after notice thereof by Manager to Owner;
c. If Owner shall fail to keep, observe or perform any other agreement, term or provision of
this Agreement that is required to be kept, observed or performed by it, and such default
shall continue for a period of thirty (30) days after notice thereof by Manager to Owner;
d. If, through no fault of Manager, the licenses (exclusive of liquor license) required for the
operation of the AGC are at any time suspended, terminated, or revoked, and such
suspension, termination, or revocation shall continue un-stayed and in effect for a period of
thirty (30) days consecutively.
7.2 Manager. With respect to Manager, it shall be an Event of Default hereunder if any
of the following shall occur:
a. If Manager shall fail to keep, observe, or perform any material agreement, term or provision
hereof required to be kept, observed, or performed by it, and such failure shall continue for
as long as thirty (30) days after notice thereof shall have been given to Manager by Owner;
b. If any officer or corporate-level employee of Manager, or Manager as a corporate entity,
shall commit any act of fraud, theft or dishonesty against Owner or against the AGC.
7.3 Remedies of Manager. If any Event of Default by Owner shall occur Manager may
(in addition to any other remedy available to it in law or equity if such termination is on account of
the occurrence of an Event of Default) forthwith terminate this Agreement. In such event, Manager
shall be entitled to immediately receive payment of all accrued unpaid amounts due to Manager
pursuant to the terms hereof, with interest at ten percent (10%) per annum until paid, unless
prohibited or limited under applicable law, in which event such charge(s) shall not exceed the
amount collectible under such law, and neither party shall have any further obligations whatever
under this Agreement, except pursuant to the indemnity provisions herein. If all such amounts are
not paid immediately, Manager may exercise its rights at law and equity to recover the amounts due.
7.4. Remedies of Owner. If any Event of Default by Manager shall occur and be
continuing, Owner may, in addition to any other remedy available to it in law or equity on account
of such Event of Default, forthwith terminate this Agreement. In such event Manager shall be
entitled to receive payment of the excess of all unpaid amounts due to Manager pursuant to the
terms hereof, over any monetary loss or damage suffered by Owner as a result of the Event of
Default by Manager, with interest at ten percent (10%) per annum until that excess is paid, unless
prohibited or limited under applicable law, in which event such charge(s) shall not exceed the
amount collectible under such law, and neither party shall have any further obligation whatever
under this Agreement, except pursuant to the indemnity provisions herein.
7.5 Attorney's Fees. If either party hereto brings an action because of any Event of
Default hereunder, the non-prevailing party agrees to pay all costs and reasonable attorney's fees
incurred by the prevailing party in connection with such action.
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7.6 Rights Cumulative; No Waiver. No right or remedy herein conferred upon or
reserved to either parties hereto is intended to be exclusive of any other right or remedy, and each
and every right and remedy shall be cumulative and in addition to any other right or remedy given
hereunder, or now or hereafter legally existing upon the occurrence of an Event of Default
hereunder. The failure of either party hereto to insist any time upon the strict observance or
performance of any of the provisions of this Agreement or to exercise any right or remedy as
provided in this Agreement, shall not impair any such right or remedy or be construed as a waiver or
relinquishment thereof with respect to subsequent defaults. Every right and remedy given by this
Agreement to the parties hereof may be exercised from time to time and as often as may be deemed
expedient by the parties hereto, as the case may be.
7.7 Specified excuses for delay or non-performance. Manager is not responsible for
delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts
of nature. In any such event, any applicable fee payment and schedule shall be equitably adjusted.
SECTION 8
TERM AND TERMINATION
8.1 Term. The initial term of this Agreement shall be sixty (60) moths, beginning on the
Effective Date of this Agreement. This Agreement may, by mutual written assent of the parties, be
extended for an additional period of time of sixty (60) months. For purposes of this Agreement an
Operating Year shall be defined as the fiscal year of Owner which ends December 31, with the
exception of the first Operating Year of the Term which shall be the period from the Effective Date
through December 31, 2014. Either party may terminate this Agreement, provided such terminating
party is not in breach of this Agreement, upon 45 days’ written notice in advance to the other party,
without penalty. In the event of such termination, Manager will be paid all installments of the
Management Fee and receive all reimbursements or other payments due and payable to Manager up
to date of such termination.
8.2 Event of Termination. It shall be an Event of Termination hereunder:
a. If Owner closes the AGC for six (6) continuous months or ceases operations for
six (6) continuous months (except to carry out of planned renovations or to
recover from a natural disaster), this Agreement shall terminate upon the closure
of the AGC by Owner.
b. If Owner sells the AGC, or all the equity interests of Owner are transferred, to a
third party not affiliated with Owner, this Agreement shall terminate upon the sale of
the AGC by Owner or transfer of those equity interests.
c. If Owner loses title to the AGC, loses control over the AGC, or is legally required or
obligated to cease operating the AGC, this Agreement shall terminate upon the
occurrence of that event.
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d. The AGC is taken in its entirety in a condemnation proceeding or a substantial
portion of the AGC is taken such that Owner determines in its reasonable judgment
that the AGC can no longer be operated (any termination under this clause shall be
effective immediately upon receipt by Manager of written notice of Owner’s
election to so terminate.)
e. Manager shall apply for or consent to the appointment of a receiver or trustee for all
of all or a substantial part of its assets; be the subject of a petition in bankruptcy; or
make a general assignment for the benefit of its creditors (termination under this
clause shall be automatic and effective immediately with no further notice or action
by Owner).
8.3 Termination of the contract in whole or in part for the convenience of Augusta,
Georgia. The Owner may terminate this contract in part or in whole upon written notice to the
Manager. The Manager shall be paid for any validated services under this Agreement up to the time
of termination.
8.4 Notice and Payments to Manager. Upon an Event of Termination Manager shall
cooperate with Owner to effect an orderly transition or an orderly closing of the AGC. Owner shall
be obligated to receive payments as follows:
a. Funding for all payroll expenses and any and all other operating expenses for which
Owner normally would be responsible under this agreement;
b. Reimbursement for payroll expenses and any and all other budgeted and approved
expenses for which Manager normally would be entitled to reimbursement under
this agreement;
c. Payment of any and all installments of the Monthly Management Fee and/or
Monthly Accounting Fee due and payable up to the date of termination;
d. Reimbursement of reasonable travel, lodging or other expenses approved by Owner
or provided for in the Annual Plan for which Manager normally would be entitled to
reimbursement under this agreement. All such payments shall be made by Owner on
or before the date of termination.
SECTION 9
INDEMNIFICATION
9.1 Owner’s Indemnification of Manager. Except as otherwise provided herein,
Owner, to the extent allowed by law, shall defend, indemnify, save harmless, and pay all
judgments and claims, damages, losses or expenses against the Manager arising out of or
incurred by reason of any act performed or omitted by Manager, Manager’s employees,
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stockholders, members, partners, or other lawful representatives and agents, in connection with
the business of the AGC or arising out of or resulting from Manager’s activities performed under
this Agreement, including, without limitation, reasonable attorneys’ fees incurred by Manager in
connection with the defense of any action based on any such act or omission, which attorneys’
fees shall be paid as incurred; provided, however that no such indemnification shall be required
of Owner in the event of any claim, damage, loss or expense arising out of fraud, willful
misconduct, or gross negligence on the part of Manager.
9.2 Manager’s Indemnification of Owner. Except as otherwise provided herein,
Manager shall defend, indemnify, save harmless, and pay all judgments and claims, damages,
losses and expenses against the Owner incurred by reason of fraud, willful misconduct or gross
negligence by Manager in connection with the business of the AGC or arising out of or resulting
from Manager’s activities performed under this Agreement, including, without limitation,
reasonable attorneys’ fees incurred by Owner in connection with the defense of any action based
on any such act or omission, which attorneys’ fees shall be paid as incurred, provided, however,
that no such indemnification shall be required of Manager in the event of any claim, damage,
loss or expense arising out of fraud, willful misconduct or gross negligence on the part of Owner.
9.3 Procedure Relating to Indemnification. Upon the occurrence of an event that
gives rise to indemnification, the party seeking indemnification shall notify the other party hereto
and provide the other party hereto with copies of any documents reflecting the claim, damage,
loss or expense. The party seeking indemnification is entitled to engage such attorneys and other
persons to defend against the claim, damage, loss or expense, as it may choose. The party
providing indemnification shall pay the reasonable charges and expenses of such attorneys and
other persons. Owner shall support and pay for all legal fees and representations necessary to
remove Manager from any claim, action (administrative or judicial), or lawsuit covered by this
provision.
9.4 Survival of Indemnity Obligations. The provisions of this Section shall survive any
expiration or termination of this Agreement.
SECTION 10
COMPENSATION OF MANAGER
10.1 Management Fee. Manager shall be entitled to receive a fixed monthly
management fee or $3,000 per month. This fee will be paid by Owner on or before the 1st day of
the month for which the fee is payable. Such fee includes all Manager’s expenses related to the
management of the AGC (other reimbursable expenses described below) including Manager’s
corporate employees and management personnel.
10.2 Direct Payment. Owner expressly agrees that Manager shall be entitled to cause
monthly installments of the Monthly Management Fee and the Monthly Accounting Fee to be paid
to Manager when due, directly from the Operating Account. Owner shall be responsible for
insuring that the Operating Account contains sufficient funds for this purpose, just as the Owner is
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responsible for insuring that sufficient funds are available for payroll and for all other approved
operating expenses.
10.3 Reimbursable Expenses. In addition to the Management Fee, during the term of
this Agreement, Manager shall be entitled to receive payment for reasonable travel and lodging
expenses incurred by Manager's corporate employees (as opposed to AGC-level employees) in
direct relationship to Manager's responsibilities under this agreement. A budget for such
expenses shall be prepared by Manager, and submitted to Owner for approval, as part of the
Annual Operating Budget.
10.4 Fees for Capital Improvements. As set forth in Section 3.3 herein, Manager’s
obligations under this agreement do not include the management of major capital improvement
projects, which for purposes of this agreement are defined as any project, or series of related
projects, with an estimated cost of more than $25,000.
10.5 Incentive Management Fee. In addition to the Monthly Management Fee as
provided above, Manager shall be paid incentives based on exceeding certain targets with respect
to the financial performance of the AGC during each operating year. The incentive shall equal
thirty percent (30%) of any positive Net Operating Cash Flow to Owner for the prior fiscal year
of Owner from the operations of the AGC. For purposes of calculating this incentive, “Net
Operating Cash Flow” shall be defined as the net of all AGC revenues (excluding any
Improvements Fees collected by Manager), less operating expenses (operating expenses shall
include Management Fees, operating leases, purchase payments and depreciation).
The Incentive Management Fee, if any, is due and payable within thirty (30) days of the
submittal and acceptance by Owner (which acceptance shall not be unreasonably withheld) of
the year ending financial statement for the prior operating year. If the Owner does not require
such financial statement for any such operating year, then such payment, if any, is due within
thirty (30) days of the submittal and acceptance by Owner (which acceptance shall not be
unreasonably withheld) of the reports provided for in subsections 2.2 and 2.3.
Should Owner terminate this Agreement early without cause (cause being defined as a breach of
this Agreement or a breach of any representation provided for in this Agreement), Owner will pay
to Manager the difference between the sum of $2000 per month and the actual Incentive
Management Fee paid to Manager for the period of time that Manager managed the AGC. Such
payment shall not be considered a penalty but is to compensate Manager for the lost opportunity to
earn Incentive Management Fees for the balance of the term of the Agreement. This amount would
be due within ten (10) business days of acceptance by Manager of the notice of cancellation of this
Agreement.
In the event that bond financing for capital improvements is sought by Owner, and as a condition
of such financing a qualified management agreement is required, the parties agree to renegotiate
the terms of this Agreement in good faith and upon substantially similar terms and that this
Agreement shall terminate on or about the time of the issuance of such debt and a new agreement
be executed by the parties.
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10.6 Defective pricing. To the extent that the pricing provided by Manager is erroneous
and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the
parties.
10.7 Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any
and all provisions of the Georgia Prompt Pay Act.
10.8 Prohibition against Contingent Fees. The Manager warrants that no person or
selling agency has been employed or retained to solicit or secure this Agreement upon an agreement
or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by Manager for the
purpose of securing business and that the Manager has not received any non-Owner fee related to
this Agreement without the prior written consent of the Owner. For breach or violation of this
warranty, the Owner shall have the right to annul this Agreement without liability or at its discretion
to deduct from the Agreement Price of consideration the full amount of such commission,
percentage, brokerage or contingent fee.
SECTION 11
ASSIGNMENT
11.1 Assignment. Except as otherwise provided herein, neither party hereto may assign,
either wholly or in part, any of its rights or obligations under this Agreement to any other natural
person or legal entity without the prior written consent of the other party hereto, provided,
however, that either party may assign, upon written notice to the other party but without
requiring the other party's consent, its rights and obligations hereunder to a subsidiary or affiliate
with substantially the same ownership, controlling authority, and professional qualifications.
SECTION 12
MISCELLANEOUS
12. 1 Liquor License. A liquor license shall be obtained by Owner and then maintained
in good standing by Manager, acting as agent for Owner, in the name of Owner. Owner shall
provide reasonable cooperation and support to Manager in this regard. Owner shall obtain
adequate insurance concerning the serving of liquor and shall include the Manager as an
Additional Named Insured on such coverage in accordance with Section 4 herein. The expense
of obtaining the liquor license shall be the responsibility of Owner.
12.2 Validity of Agreement. The parties warrant that the execution and performance of
this Agreement by such parties does not and shall not conflict with or violate any provision of
their respective Sections of Incorporation, By-laws or operating agreements binding such parties.
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12.3 Litigation and arbitration. All claims, disputes and other matters in question
between Manager and Owner arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia. The Manager, by
executing this Agreement, specifically consents to jurisdiction and venue in Richmond County
and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond
County, Georgia.
12.4 Severability. If any portion of this Agreement is held legally invalid or
unenforceable, the parties hereby covenant and agree that such portions are severable from all
other portions of this Agreement, and that such portions as shall remain shall constitute the
Agreement of the parties.
12.5 Binding Effect: Governing Law: Counterpart. This Agreement shall inure to the
benefit of and be binding upon the parties hereto, their permitted transferees, successors and
permitted assigns. This Agreement shall be governed by and enforced and construed in
accordance with the laws of the State of Florida, and it may be executed in any number of
counterparts, each of which shall be deemed an original without the production of the other.
12.6 Partnership or Joint Venture. Owner and Manager are not partners or joint
venturers with each other and nothing in this Agreement shall be construed to make them such
partners or joint venturers or impose any liability of such on either of them. The parties hereto
hereby acknowledge that Manager and Owner have no power to bind or obligate the other party
except as set forth in this Agreement.
12.7 Notices. Any notice or request given hereunder or relating hereto must be in
writing and sent either by certified or registered mail (return receipt requested), by hand delivery
or by overnight courier delivery as follows:
Owner: Augusta, Georgia
Attention: Administrator
Room 801
530 Greene Street
Augusta, Georgia 30901
Copy to: Law Department
520 Greene Street
Augusta, Georgia 30901
Manager:
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The above noted addresses may be changed by either party by mailing written notice of such
change to the other party at the last designated address of the other party as provided herein, with
such change to be effective upon receipt of said notice.
12.8 Attorney’s Fees. If any party commences an action against the other party arising
out of or in connection with this Agreement, each party shall be responsible for its own
attorney’s fees and costs of suit.
12.9 Headings. Headings, captions and paragraph headings contained in this Agreement
are for convenience and reference only and in no way define, describe, extend or limit the scope
or intent of this Agreement.
12.10 Complete Agreement. This Agreement shall constitute the entire agreement
between the parties hereto and supersedes all prior and contemporaneous agreements and
understandings of the parties and no variance or modification thereof shall be valid or
enforceable except by supplemental agreement in writing, executed and approved in the same
manner as this Agreement.
12.11 Acknowledgement. Manager acknowledges that this contract and any
changes to it by amendment, modification, change order or other similar document may
have required or may require the legislative authorization of the Board of Commissioners
and approval of the Mayor. Under Georgia law, Manager is deemed to possess knowledge
concerning Augusta, Georgia's ability to assume contractual obligations and the
consequences of Manager's provision of goods or services to Augusta, Georgia under an
unauthorized contract, amendment, modification, change order or other similar document,
including the possibility that the Manager may be precluded from recovering payment for
such unauthorized goods or services. Accordingly, Manager agrees that if it provides goods
or services to Augusta, Georgia under a contract that has not received proper legislative
authorization or if the Manager provides goods or services to Augusta, Georgia in excess of
the any contractually authorized goods or services, as required by Augusta, Georgia's
Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods
or services provided by Manager. Manager assumes all risk of non-payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives all
claims to payment or to other remedies for the provision of any unauthorized goods or
services to Augusta, Georgia, however characterized, including, without limitation, all
remedies at law or equity." This acknowledgement shall be a mandatory provision in all
Augusta, Georgia contracts for goods and services, except revenue producing contracts
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
ATTEST:
Owner:
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Name:
Title:
By:
Name:
Title:
Date:
ATTEST:
Name:
Title:
Manager:
CYPRESS GOLF MANAGEMENT, LLC
By:
Name:
Title:
Date:_______________________________
Attachment number 1 \nPage 21 of 21
Item # 7
Major Points of Interest
Management Contract for Augusta Municipal Golf Course/”The Patch”
1. Term: 5 years with a 5 year mutually agreed upon and Commission approved renewal.
2. Cost: $3,000 management fee per month with an additional $2,000 per month deferred until
the course starts making money. This additional fee will be made up by the 30% mentioned
below.
3. Incentive: When the course begins to make money, $30% of profits will go to the management
company; and, 70% of profits will go to Augusta, Georgia.
4. Capital Fund: $2 per round is placed in a maintenance fund to be used exclusively at the course
for emergency or unanticipated expenses.
5. Shared Risk: In a typical contract with a management company the city would pay for a service,
which in this case would have been $5,000 per month. In this agreement Augusta, Georgia only
pays $3,000 per month as the management company is compensated for their successful
management when they make money. The more profit at the course, the more money Cypress
Golf and Augusta, Georgia will make.
6. The pricing (18-hole green fees w/cart) will remain in the mid to high-20’s for the life of the
contract. The idea is to be the most competitive in the area while providing a very, very nice
golfing experience.
7. Leveraged buying power will reduce the price for carts, equipment, and maintenance supplies.
8. A majority of the staff will be hired locally.
9. Although estimated very conservatively, the management company will push the “Food and
Beverage” aspect of the contract aggressively to maximize revenue generated from casual sales
as well as banquet rentals.
10. No SPLOST funds have been requested for the initial contract. “Cypress Golf” anticipates being
able to vastly improve playing conditions with horticultural practices such as proper mowing,
improved irrigation, proper weed/fungus/pest control, top dressing, over seeding, etc.
Attachment number 2 \nPage 1 of 1
Item # 7
-165,337
-100,080
-929
70,518
92,235
103,019 106,793 111,067 114,958 118,988
-200,000
-150,000
-100,000
-50,000
0
50,000
100,000
150,000
2014-6
Month
2015 2016 2017 2018 2019 2020 2021 2022 2023
Augusta Municipal G.C. Net Cash Flow Projections 2014-2023
Net Cash Flow Column2 Column1
At
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#
7
REQUEST FOR PROPOSAL
Proposals will be received at this office until Wednesday, January 22, 2014 @ 3:00 p.m. for furnishing:
RFP Item #13-218 Management Operations of the Augusta Municipal Golf Course for Recreation,
Parks & Facilities Department
Proposals will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
Request for Proposal (RFP) documents may be viewed on the Augusta Georgia web site under the
Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA
Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901.
A Mandatory Pre Proposal/Telephone Conference will be held on Wednesday, January 8, 2014 @ 3:00
p.m. in the Procurement Department, 530 Greene Street, Room 605.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, January 10,
2014 @ 5:00 P.M. No Proposal will be accepted by fax, all must be received by mail or hand delivered.
No proposal may be withdrawn for a period of 90 days after time has been called on the date of opening.
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the including,
but not limited to, the number of copies needed, the timing of the submission, the required financial
data, and any other requirements designated by the Procurement Department are considered material
conditions of the RFP which are not waiveable or modifiable by the Procurement Director. All requests
to waive or modify any such material condition shall be submitted through the Procurement Director to the
appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission.
Please mark RFP number on the outside of the envelope.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle November 28, December 5, 12, 19, 2013
Metro Courier December 4, 2013
Revised: 6/27/2013
Attachment number 4 \nPage 1 of 1
Item # 7
VENDORS Attachment
B
E-Verify
#
SAVE
Form Original Seven
Copies
Addendum
1
Fee
Proposal
First Tee/Paul Simon
14 Highgate W
Augusta, GA 30909
No
Non-
Compliant
No No Yes Yes No No
Classic Golf
Management
510 Powder Springs
Street
Marietta, GA 30064
Yes 444947 Yes Yes Yes Yes Yes
Cypress Golf
Management
10524 Moss Park
Road, Suite 204-233
Orlando, FL 32832
Yes 747420 Yes Yes Yes Yes Yes
Reality Management
Group
455 Sunny Hannah
Road
Myrtle Beach, SC
29588
Yes
No
Non-
Compliant
Yes Yes Yes No Yes
RFP Item #13-218
Management Operations of the Augusta Municipal Golf Course
for Augusta, Georgia - Recreation, Parks & Facilities Department
RFP Due: Wednesday, January 22, 2014 @ 3:00 p.m.
The following vendors did not respond:
Griffin Athletics / 3114 Augusta Tech Dr., Suite 403 / Augusta, GA 30906
Harrison Mainchew Golf Course Archit / 208 Charlemagne Circle / Ponte Verdra, FL 32082
Page 1 of 1
Attachment number 5 \nPage 1 of 1
Item # 7
Evaluation Criteria
PTS
Classic Golf Management
510 Powder Springs Street
Marietta, GA 30064
Cypress Golf Management
LLC
10524 Moss Park Road
Suite 204-233
Orlando, FL 32832
1. Proposal Overview 25 20 22
2. Professional Qualifications 25 20 22
3. Business Plan 25 21 22
4. Golf Complex Maintenance 20 17 19
5. Vision for the Augusta Municipal Golf Course 15 9 11
6. Financial Benefit to the Augusta Municipal Golf
Course 20 12 14
7. Environmental Practices 10 7 10
8. Proximity to the Area.
Augusta 10 points
CSRA 8 points
Georgia 6 points
Southeastern US 4 points
All Others 2 points
10 6 4
Total 150 112 124
2 1
Cumulative Phase 1 - Evaluation Sheet
RFP Item #13-218
Management Operations of the Augusta Municipal Golf Course
for Augusta - Recreation, Parks & Facilities Department
Cumulative Phase II - Presentations
(Ranking in order of preference - 1 being the number one choice)
Presentations
Evaluation Committee Comments: During Phase I, the two companies were ranked by the committee members
according to the evaluation criteria which was listed in the RFP. Both companies were shortlisted by the
committee members and invited to participate in Phase II of the evaluation process. During Phase II of the
evaluation process, each company will be ranked on their presentation by the committee members with their
number 1 choice receiving a 1.
Attachment number 6 \nPage 1 of 1
Item # 7
Attachment number 7 \nPage 1 of 1
Item # 7
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Item # 7
Attachment number 8 \nPage 2 of 3
Item # 7
Attachment number 8 \nPage 3 of 3
Item # 7
Attachment number 9 \nPage 1 of 5
Item # 7
Attachment number 9 \nPage 2 of 5
Item # 7
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Item # 7
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Attachment number 10 \nPage 1 of 2
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Attachment number 10 \nPage 2 of 2
Item # 7
Public Service Committee Meeting
5/12/2014 12:45 PM
Mike Samadi
Department:Clerk of Commission
Caption:Presentation from Mr. Mike Samadi regarding the revocation of a
Painter's Bond.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 1
Item # 8
Public Service Committee Meeting
5/12/2014 12:45 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on April 28, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
Attachment number 1 \nPage 1 of 3
Item # 9
Attachment number 1 \nPage 2 of 3
Item # 9
Attachment number 1 \nPage 3 of 3
Item # 9
Public Service Committee Meeting
5/12/2014 12:45 PM
MOTION TO APPROVE ENTERING INTO A CONTRACT WITH NOVA ENGINEEERING FOR
SPECIAL INSPECTIONS AND CONSTRUCTION MATERIALS TESTING FOR THE AUGUSTA GA
NEW INFORMATION TECHNOLOGY (IT) BUILDING
Department:Recreation, Parks and Facilities
Caption:Motion to approve entering into a contract with NOVA
ENGINEERING for SPECIAL INSPECTIONS AND
CONSTRUCTION MATERIALS TESTING associated with
construction of the AUGUSTA GA New IT Building. (Bid 14-
141)
Background:It is recommended that Construction Materials Testing services,
along with Special Inspections services, be performed in
accordance with Chapter 17 of the jurisdictional International
Building Code. Proposals to perform Special Inspections and
Construction Materials Testing were received from four (4) firms.
Review and analysis of the four (4) compliant proposals were
performed by the Procurement Office, assisted by Capital
Improvements Program Management (CIPM). The proposal from
NOVA ENGINEERING was judged to be in the best interest of
the project and Augusta.
Analysis:The referenced project is a complex project with an aggressive
schedule. The project will benefit from the quality control
enhancements that these “on call” services will provide to the
project. The proposed materials testing and special inspections
work will include the following: • Cast-in-place concrete (mix
design review, plant inspections, reinforcing placement,
compression tests, pile load testing, etc.). • Reinforcing steel
(materials, placement, strength testing) • Structural Steel
(materials verification, connections, etc.) • Mortar & grout
strength tests • Concrete masonry (reinforcing, grout, etc.) •
Engineered fill (material and compaction) • Sprayed Fire-resistant
Materials (Inspection and verification of thickness) • Anchor pull
tests • Asphalt paving The services will be performed on an “on
call” or “as needed” basis. Proposals were required to include a
schedule of services, with uniform assumptions as far as quantities
of each service. Thus the cost component of the proposals were
fairly compared and scored. The contract will be established with
the stated assumptions serving as a “Not to exceed” budget, with
Cover Memo
Item # 10
actual fees determined by actual quantities of tests/inspections, as
determined by field conditions.
Financial Impact:The services will be performed on an “as needed” basis. A “Not to
Exceed” contract amount of $32,075.
Alternatives:1. Approve execution of a contract with NOVA ENGINEERING
for SPECIAL INSPECTIONS AND CONSTRUCTION
MATERIAL TESTING services on the referenced project. 2.
Eliminate Special Inspections and rely solely on Design Team and
Project Management to perform quality control oversight.
Recommendation:Motion to approve entering into a contract with NOVA
ENGINEERING for Special Inspections and Construction
Material Testing associated with construction of the AUGUSTA
GA New IT Building.
Funds are Available
in the Following
Accounts:
Municipal Building Renovations: JL: 213 05 5102 Ob Code: 52-
12999 GL: 328 05 1120
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Invitation to Bid
Sealed bids will be received at this office on Wednesday, April 17, 2014 @ 11:00 a.m. for furnishing:
Bid Item 14-141 Information Technology (IT) Building Special Inspections and Material Testing
Services for Recreation, Parks & Facilities 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 viewed on the Augusta, Georgia web site under the Procurement Department
ARCbid. Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained
by all prime, subcontractors and suppliers exclusively from ARC Southern. The fees for the plans and
specifications which are non-refundable is $50.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC
Southern (706 821-0405) beginning Thursday, March 6, 2014. Bidders are cautioned that submitting a package
without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or
services, or coordination with other work that is material to the successful completion of the project. Bidders are
cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from
unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to
base his qualifications.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March
28, 2014 @ 5:00 P.M. 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 an eligible bidder must submit a completed and signed written application
to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible
local project. An eligible bidder who fails to submit an application for approval as a local bidder at
least thirty (30) days prior to the date bids are received on an eligible local project, and who
otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid
preference on such eligible local project.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle March 6, 13, 20, 27, 2014
Metro Courier March 12, 2014
Revised: 3/7/2013
Attachment number 1 \nPage 1 of 1
Item # 10
UNOFFICIAL
Vendors
CARDO ATC
1841 WEST OAK
PARKWAY STE "F"
MARRIETTA, GA 30062
MC SQUARED
1275 SHILOH ROAD
SUITE 2620
KENNESAW, GA 30144
MORELAND
ALTOBELLI ASSC. 2211
BEAVER RUIN RD. STE
190 NORCROSS, GA
30071
NOVA ENGENEERING
& ENVIRONMENTAL
3640 KENNEWAW
NORTH IND. PKY
SUITE E
KENNESAW, GA 30144
Attachment B YES YES YES YES
E-Verify
Number 46692 228126 53328 124398
SAVE Form YES YES YES YES
Original YES YES YES YES
Copies (2)
YES YES No YES
Base Bid Price $47,850.00 $54,790.00
Non-
Compliant $32,075.00
Bid Item #14-141
Information Technology (IT) Building Special Inspections and Material Testing Services
For the City of Augusta - Recreation, Parks & Facilities Department
Bid Opening Date: Thursday, April 17, 2014 @ 11:00 a.m.
Page 1 of 1
Attachment number 2 \nPage 1 of 1
Item # 10
Attachment number 3 \nPage 1 of 1
Item # 10
Attachment number 4 \nPage 1 of 2
Item # 10
Attachment number 4 \nPage 2 of 2
Item # 10
Attachment number 5 \nPage 1 of 1
Item # 10
Public Service Committee Meeting
5/12/2014 12:45 PM
New Lease Agreement between Augusta, Georgia and Green Jackets Baseball, LLC
Department:Recreation, Parks and Facilities
Caption:Motion to approve a New Lease Agreement between Augusta,
Georgia and Green Jackets Baseball, LLC.
Background:The Augusta Green Jackets baseball operations have been a part of
our community and as a tenant at Lake Olmstead Stadium since 1994.
Analysis:The current public facilities lease agreement between Augusta,
Georgia and Green Jackets Baseball, LLC. will expire on September
30, 2014. The general terms of the new lease remain consistent with
previous Commission approved agreement. The length of this
agreement is structured for one year with a one year option, which
would allow the agreement to be in effect until September 30, 2016.
Financial Impact:Total lease agreement will remain the same at $25,000 per year.
Alternatives:1. To Approve a new lease agreement between Augusta, Georgia and
Green Jackets Baseball, LLC. 2. Move No Action.
Recommendation:1. To Approve
Funds are Available
in the Following
Accounts:
101-06-1489-3831110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
PUBLIC FACILITY LEASE AGREEMENT
BETWEEN
THE BOARD OF COMMISSIONERS OF
RICHMOND COUNTY, GEORGIA
AND
THE CITY COUNCIL OF AUGUSTA, GEORGIA
AS
LESSORS
AND
GREEN JACKETS BASEBALL, LLC
AS
LESSEE
Attachment number 1 \nPage 1 of 29
Item # 11
PUBLIC FACILITY LEASE AGREEMET
BETWEE
THE BOARD OF COMMISSIOERS
OF
RICHMOD COUTY, GEORGIA
THE CITY COUCIL OF AUGUSTA, GEORGIA
AS
LESSORS
AD
GREE JACKETS BASEBALL, LLC
(“TEAM”)
AS
LESSEE
TABLE OF COTETS
PAGE
Recitals of Fact 1
Definitions 2
1. Term of Lease 4
2. Lease Payments 4
3. Option for Extension 4
4. Use of Facility 5
5. Management of Facility and Revenue 6
6. Ticket Sales 7
7. Concessions 7
8. Advertising/Signs/Banners/Scoreboard/Marquee 9
9. Broadcasting, Cablecasting, or Telecasting 11
10. Home Games to be Played at Facility 11
11. Team Name Change Relocation 11
Attachment number 1 \nPage 2 of 29
Item # 11
12. Operating Maintenance: Capital Maintenance;
Capital Improvements 12
13. Utilities 14
14. Security 14
15. Team's Personnel 15
16. Adherence to Law 15
17. Taxes and Licenses 15
18. Use/Quiet Enjoyment 15
19. Assignment/Sublease 15
20. Usufruct 16
21. Hold Harmless/Indemnity/Liability Insurance 16
22. Permits 20
23. Termination 20
24. Default 20
25. General Provisions 22
26. Notices 23
27. Commitment to Equal Opportunity Employment
Practices 24
28. Time is of the Essence 24
29. Family Seating Sections 24
30. Section 36-60-13, O.C.G.A. 24
Attachment number 1 \nPage 3 of 29
Item # 11
Attachment number 1 \nPage 4 of 29
Item # 11
1
PUBLIC FACILITY LEASE AGREEMET
THIS AGREEMENT is made and entered into on this ______ day of ___________, 2014 by
and among THE BOARD OF COMMISSIONERS OF AUGUSTA, GEORGIA, hereinafter
"Augusta" or hereinafter "LESSOR", a political subdivision of the state of Georgia, and
GREENJACKETS BASEBALL LLC a Georgia Corporation., hereinafter "TEAM" or
"LESSEE" and Agon Sports & Entertainment, hereinafter "GUARANTOR".
WITESSETH:
RECITALS OF FACT
1. TEAM is the sole owner of the Augusta Green Jackets, a member of the south Atlantic
League.
2. TEAM owns the exclusive right to arrange, control, promote, and profit from the Augusta
GreenJackets and desires to enter into this Agreement with LESSOR for certain activities
and events to be conducted at the Facility.
3. LESSOR desires to permit TEAM to use the Facility for the purpose of playing
professional baseball games and for other purposes and TEAM desires to use the Facility
for those purposes.
4. LESSOR desires also that food and beverage and other concession services be available
through concession operations at the Facility and TEAM is willing and able to provide
food and beverage and other concession services through concession operations at the
Facility.
5. The Facility will attract visitors to Augusta, Georgia, provide economic benefits to
Augusta and the residents of Augusta, improve and promote tourism within Augusta,
enhance the tax bases of Augusta, and further the purposes of Augusta.
6. LESSOR intends to provide residents of Augusta with an opportunity to attend
professional baseball games without the need to travel extended distances and to increase
the attractiveness of Augusta as places in which to reside and to work.
7. LESSOR has full and complete control over .the use of the Facility pursuant to authority
vested in it by the State of Georgia, and warrants to TEAM that it has the requisite
authority to enter into this Agreement and to permit TEAM to use the Facility during the
entire term of this Agreement, pursuant to the laws of the state of Georgia, and subject to
the limitations hereinafter set forth.
8. TEAM shall serve as General Manager of the Facility subject to the limitations
hereinafter set forth.
Attachment number 1 \nPage 5 of 29
Item # 11
2
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by each Party, the Parties agree as follows:
DEFIITIOS
As used in this Agreement, the following words and terms shall have the following
meanings, notwithstanding any other definitions to the contrary whatsoever:
1. "Parties" or "Parties to this Agreement" shall mean AUGUSTA and TEAM.
2. “Major Leagues" shall mean the American League of Professional Baseball Clubs and
the National League of Professional Baseball Clubs only, each league is comprised of a
number of professional baseball clubs. Each league is known individually as a "Major
League".
3. “Major League Clubs" shall mean the professional baseball clubs which are members of
the Major Leagues. Each club is known individually as a "Major League Club".
4. "South Atlantic League” or "League" shall mean the South Atlantic League of
Professional Baseball Clubs, Inc., a North Carolina Corporation, a full season Class A
professional baseball league, a member of the National Association of Professional
Baseball Leagues, Inc., one of the Minor Leagues of professional baseball, as now or as
hereafter constituted and of which the Augusta GreenJackets is now a member, or such
successor or other professional baseball league or association of professional baseball
clubs of which the Augusta GreenJackets may from time to time be a member.
5. "Minor Leagues" shall mean the professional baseball leagues which are the members of
the National Association of Professional Baseball Leagues, Inc. Each league, including
the South Atlantic League, is known individually as a "Minor League".
6. "Minor League Clubs" shall mean the professional baseball clubs which are the members
of the respective Minor Leagues. Each club, including the Augusta GreenJaokets, is
known individually as a "Minor League Club".
7. “Augusta GreenJackets" shall mean the Augusta GreenJackets Professional Baseball
Club, or by whatever name such professional baseball club now known as the "Augusta
GreenJackets" may be known in the future in the event the name of the Augusta
GreenJackets is changed by TEAM, a member of the south Atlantic League, which
professional baseball club is wholly owned by TEAM, as such professional baseball club
is now or .hereafter constituted, or such successor or other professional baseball club
permitted by TEAM to play its home games at the Facility.
8. "Championship Season" shall mean the regular annual period of play of professional
baseball games by the member clubs of the south Atlantic League, including any playoff
Attachment number 1 \nPage 6 of 29
Item # 11
3
games or any championship series playoff games, resulting in the determination of one of
the members of the south Atlantic League as the champion of that League.
9. "National Association of Professional Baseball Leagues, Inc.,” shall mean the
administrative and governmental body of the Minor Leagues, of which every Minor
League is required to be a member.
10. "Organized Baseball" shall mean the Major Leagues and the Minor Leagues collectively.
11. “Team Professional Baseball Games'' shall mean any Home Games and any other activity
or event which is conducted by or for TEAM and related to or held in conjunction with
any Home Game.
12. “Other Professional Baseball Games" shall mean professional baseball game other than
those played by TEAM.
13. "Non-Professional Baseball Uses” shall mean any activities or events, other than (1)
organized Baseball activities or events, (2) Team Professional Baseball Games, and (3)
Other Professional Baseball Uses, whether conducted by LESSOR, TEAM or any third
party with the approval of LESSOR or TEAM, and in a manner consistent with this
Agreement.
14. "Facility” shall mean the stadium and its appurtenances, including the parking area or
areas required by Section 12 of this Agreement, at which the Augusta GreenJackets shall
play all Home Games.
15. ''League Schedule" means the schedule officially adopted and promulgated .by the south
Atlantic League for each Championship Season which sets forth a listing of the
professional baseball games to be played during each such Championship Sea on by
South Atlantic League clubs as the competition among such clubs resulting in the
determination of one of the clubs as the champion of the League for that
Championship Sea on, and the dates and the locations at which all of such games are
scheduled to be played.
16. "Home Game" shall mean any South Atlantic League game scheduled to be played or
played by TEAM at the Facility during any Championship Season.
17. "Professional Baseball Configuration" shall mean that configuration of the playing field
at the Facility which shall conform to the requirements of the OFFICIAL
PROFESSIONAL BASEBALL PLAYING RULES and the PROFESSIONAL
BASEBALL AGREEMENT in effect during the term of this Agreement.
18. "Lease Years" shall mean that period commencing on October 1 and ending on
September 30 next immediately following for that entire period of the last nine ( 9)
years of this Agreement (commencing on October 1, 1995, and ending at 11:59
P.M., September 3 , 2004), and the period during any extension of this Agreement as is
Attachment number 1 \nPage 7 of 29
Item # 11
4
authorized by TEAM pursuant to Section 3 of this Agreement, and that period
commencing on April 1, 1995, and ending on September 30, 1995, which shall be used to
mean the first year of the ten (10) Lease Years of this Agreement.
19. "Team's Areas" shall mean those areas of the Facility designated on Exhibit 3, attached
hereto, which TEAM shall have for its exclusive use during the term of this
Agreement.
20. “Commission" shall mean the Augusta-Richmond County Stadium commission
established by joint resolution of the City and County for the operation and supervision of
the Facility.
1. TERM OF LEASE. LESSOR agrees to lease, demise and permit TEAM to use and
TEAM agrees to lease and use, for the period stated herein, and upon the terms and
conditions stated herein, certain property with improvements therein situate in Augusta,
and sometimes referred to herein as the "Facility".
Subject to the compliance by LESSOR with its agreements hereunder with TEAM, and
subject to the compliance by TEAM with its agreements hereunder with LESSOR, TEAM agrees
that the Augusta GreenJackets shall engage in the business of professional baseball and shall
play its Home Games at the Facility for a period of 2Years commencing on April 1, 2015, and
ending.at 11:59 P.M., September 30, 2016.
2. LEASE PAYMENTS. As further consideration for this Agreement and as payment due
to LESSOR for LESSOR'S agreement to permit TEAM to use the Facility and for
TEAM'S use of the Facility, TEAM agrees for each Lease Year during the entire term of
this Agreement other than the first Lease Year, TEAM shall pay to LESSOR the sum of
Twenty-Five Thousand Dollars ($25,000.00).
For each Lease Year during the term of this Agreement, TEAM shall pay such ANNUAL
RENTAL to LESSOR in the following manner: On the first day of each and every month of each
of such Lease Years during the entire term of this Agreement, TEAM shall pay to LESSOR the
sum of Five Thousand Dollars ($5,000).
3. OPTION FOR EXTENSION. TEAM shall have the option to extend this Agreement for
two one (1) year periods, which shall commence on October 1, 20___, and end at 11:59 P.M.,
September 10, 20___.
The terms of this Agreement during such extension shall be exactly those in effect at the
time of the expiration of the initial period, except that rental payments during the option period
shall be as follows:
Attachment number 1 \nPage 8 of 29
Item # 11
5
The fixed rental of _______ Thousand and No/100 ($_______) Dollars per year
which TEAM shall pay as provided in Section 2 shall increase every year during the
renewal term as provided below.
As promptly as practicable after the end of each year of the renewal term of this
lease the required increase in rent shall be based upon the Consumer Price Index, All
Items ("CPI”) published by the Bureau of Labor statistics of the United States
Department of Labor. The parties intend to provide for increased rent every year and
agree that if the following formula shall otherwise provide for a decrease in rent there
shall be no such decrease and the rent shall remain the same as during the prior term:
(i) The CPI for the month of July, 2014, shall be the "Base Index Number". The
"Current Index Number" for any Lease Year shall be the CPI for the July
immediately preceding the beginning of such Lease Year.
(ii) The Current Index Number shall be divided by the Base Index Number. The
quotient thereof shall be multiplied by ______ Thousand and No/100 Dollars
($________) to determine the increased rental amount.
This option for extension provided for in this section 3, shall be exercised by TEAM, if at
all, by TEAM mailing written notice of intent to extend to LESSOR by Certified Mail, Return
Receipt Requested no later than six (6) months before the end of the Lease term.
4. USE OF FACILITY. For the purpose of conducting Team Professional Baseball
Games, or other Professional Baseball Games, TEAM shall be the preferred user of the Facility
during each Lease Year and shall have first priority of dates over all other activities and events at
the Facility. It is specifically provided that should LESSOR permit the use of the Facility for any
Non-Professional Baseball Uses that LESSOR shall restore the Facility to the Professional
Baseball Configuration at least ten (10) hours prior to the next scheduled organized Baseball
activity or event, Team Professional Baseball Game, or Other Professional Baseball Game.
During each Lease Year, TEAM shall have access to the Facility at all times and on a
daily basis and shall have exclusive access to the Team's Area notwithstanding any other
provision hereof to those areas, such as the Team's administrative offices, which are designated
herein or on the Exhibits as being areas exclusively for use by TEAM. TEAM shall have the
sole, exclusive, and absolute right to use and occupy the Facility beginning not less than ten (10)
hours prior to the scheduled starting time of each organized Baseball activity or event, Team
Professional Baseball Game, or Other Professional Baseball Game and continuing until at least
five (5) hours after the completion of each such organized Baseball activity or event, Team
Professional Baseball Game, or other Professional Baseball Game.
Except for the Team's Areas as shown on Exhibit 3 attached hereto, LESSOR intends and
reserves the right during all portions of any Lease Year to use the Facility for Non-Professional
Baseball Uses or to permit third parties to use the Facility for such Non-Professional Baseball
Attachment number 1 \nPage 9 of 29
Item # 11
6
Uses which do not conflict in any way with any use of the Facility by TEAM for Team
Professional Baseball Games or with other professional Baseball Games as provided in Section
24 and elsewhere herein.
Events shall be scheduled at the Facility by notifying TEAM who shall act as general
manager of the Facility subject to the limitations set forth in Section 10 below and LESSOR may
schedule such events at the Facility so long as they do not interfere with TEAM'S priority use of
the Facility as described above or with events previously scheduled by TEAM as general
manager of the Facility.
Further, it is expressly understood by the Parties that there is a practical need for TEAM
to advise LESSOR of its intended schedule of uses of the Facility well in advance of those uses
so that LESSOR may have the opportunity to schedule other activities or events at the Facility.
Accordingly, TEAM shall furnish LESSOR its League Schedule within ten (10) days of official
receipt of the same by TEAM, provided, however, LESSOR shall not schedule any events for a
calendar year until the League Schedule is furnished to LESSOR or TEAM consents to said
scheduling and said consent shall not be unreasonably withheld.
Notwithstanding the foregoing, (1) in no event shall LESSOR or TEAM permit any use
of the Facility which causes or may cause any material damage to the Professional Baseball
Configuration or to the playing surface of the Facility which cannot be repaired at the expense of
the damaging party prior to the next scheduled Team Professional Baseball Game or Other
Professional Baseball Game and (2) LESSOR shall prohibit usage of any third party within the
Team's Areas as described in Exhibit 3 attached hereto.
5. MANAGEMENT OF FACILITY and REVENUE. Subject to the approval of
LESSOR acting through the COMMISSION, the TEAM shall be the general manager of the
Facility and shall be responsible for scheduling events subject to the right of LESSOR herein to
schedule events as provided in Section 4.
For Team Professional Baseball Games, and Other Professional Baseball Games, TEAM
shall receive all revenue, including but not limited to, revenue from ticket sales as provided in
Section 11, revenue from parking as provided in Section 12 and revenue from concessions as
provided in Section 13.
For all events, other than Team Professional Baseball Games and Other Professional
Baseball Games, for which TEAM agrees to provide operational and maintenance services by
furnishing the personnel to operate the Facility and cleanup after the event (TEAM Sponsored
Events), TEAM shall receive all parking and concession revenue and 75% of ticket sales.
Provided, however, TEAM shall not be required to schedule an event for which it provides
operational and maintenance services unless TEAM is assured of receiving at least its actual cost
of providing such services, which actual costs shall not exceed Fifteen Hundred and No/100
Dollars ($1,500.00).
Attachment number 1 \nPage 10 of 29
Item # 11
7
In addition TEAM shall receive all advertising and related revenue as provided in Section
14 and broadcasting and related revenue as provided in Section 15.
If Augusta wishes to schedule events at the Facility, which will not produce such
revenue, such Party will provide the necessary personnel to operate the Facility for such events
and the clean-up after such events except that LESSOR and TEAM agree that the concession
facilities owned by TEAM will not be operated by any third party so such concession facilities
will not be available at the Facility unless operated by the TEAM.
6. TICKET SALES. TEAM shall set ticket prices for all events at the Facility and,
subject to the provisions of Section 10 of this Agreement, shall be entitled to receive and retain
all revenues from ticket sales. TEAM agrees to consult periodically with the COMMISSION
concerning prices to be charged for tickets, but reserves the right to fix the prices for tickets in
TEAM’s reasonable discretion.
TEAM shall also be entitled to charge admission, participation, and related fees and
charges in connection with its operation of any of its other events or activities at the Facility.
TEAM shall operate, control, maintain and clean the parking area or areas at the Facility
to the extent provided herein. For all events other than Team Professional Baseball Games and
Other Professional Baseball Games for which TEAM is responsible for providing operational
and maintenance services (TEAM Sponsored Events), TEAM shall provide cleanup after
activities, security, utilities, insurance (including garage keeper's insurance) and shall retain all
revenues generated from the operation of such parking area or areas at the Facility during all
activities or events held at the Facility during the entire term of this Agreement, including those
activities or events held at the Facility and sponsored by not-for-profit entities .
TEAM agrees to consult periodically with LESSOR concerning fees to be charged by
TEAM for parking at the Facility and TEAM shall notify COMMISSION of any intended
change of the fees to be charged for parking at the Facility not less than thirty (30) days before
the date that such intended change shall become effective . Notwithstanding the foregoing,
TEAM shall have the exclusive authority to fix and set the fees to be charged for parking at the
Facility. Initially, for the purpose hereof, a two dollar ($2.00) or lesser charge for parking at the
Facility shall be presumed to satisfy the requirements of this Section 12.
7. CONCESSIONS. Except as otherwise provided herein TEAM shall be the sole,
exclusive, and absolute food, beverage, alcoholic beverage, and catering concessionaire for all
activities or events held at the Facility for the entire term of this Agreement. Such concession
items may include, but not be limited to, all foods, beverages, alcoholic beverages, candy
products, and all other food and beverage concessions, all of which may be sold or distributed
from fixed or portable concession stands and through vendors at all activities or events held at
the Facility for the entire term of this Agreement. Nothing herein shall be construed as granting
TEAM a liquor, beer or wine license.
Attachment number 1 \nPage 11 of 29
Item # 11
8
TEAM may grant concession rights to third parties as is appropriate for the conduct of
TEAM'S business at the Facility. TEAM shall notify LESSOR in writing of its selection of any
assignee well in advance of the commencement of operations by such assignee and as soon as the
assignee is selected by TEAM. LESSOR reserves to itself the right to approve any assignee with
whom or with which TEAM intends to contract to provide concessions at the Facility, which
right to approve any such assignee shall not be withheld unreasonably by LESSOR.
TEAM agrees with LESSOR that all concessions and concession services shall be of a
high quality commensurate with industry standards prevailing in facilities similar to the Facility.
All items offered for sale by the TEAM or its assignee at the Facility shall be sold at reasonable
prices established by TEAM which are plainly displayed. Vending machines shall not be
installed without the prior written approval of the Commission.
It shall be the responsibility of TEAM to purchase and maintain all equipment necessary
for the operation and sale of concessions at the Facility during the entire term of this Agreement.
TEAM shall not be required to permit third parties to operate concession equipment at the
facility.
TEAM or its assignee, if any, shall provide concessions and concession services and a
sufficient number of properly trained concession personnel to provide the concessions and
concession services at those activities or events held at the Facility for which TEAM provides
operational and maintenance services. In addition, TEAM agrees to provide a reasonable
selection of quality items for purchase by those attending activities or events held at the Facility.
TEAM shall use its best efforts to produce the maximum gross revenue possible without
limiting the quality of products sold or services supplied at the Facility. Concession stands shall
be open at such locations and during such hours as determined by TEAM in its discretion. It is
provided, however, that TEAM shall exercise this discretion and authority in a reasonable
manner and shall use its best efforts to base its requirements as to the number of locations to be
operated and the hours of service upon its best estimates of anticipated attendance and demand
for concessions and concessions services which best estimate shall consider always the advice of
the commission which shall be requested by the TEAM before making such determination.
TEAM shall maintain high standards of cleanliness and product quality and shall consult
annually with Commission as to these issues and as to pricing issues and shall give reasonable
consideration to the view of Commission regarding these issues.
TEAM shall retain all such revenues generated from the operation and sale of
concessions and concession services at the Facility during all activities or events held at the
Facility during the entire term of this Agreement.
TEAM shall be the sole and exclusive concessionaire for novelty and souvenir items
which shall include novelties, souvenir items, Organized Baseball souvenirs and novelties, caps,
Attachment number 1 \nPage 12 of 29
Item # 11
9
equipment, wearing apparel, and programs. It is specifically understood by the Parties that
TEAM shall retain all revenues generated from the sale of all such novelties, souvenir items,
organized Baseball souvenirs and novelties, caps, equipment, wearing apparel, and programs, as
contemplated by this Section 13, and the same shall be the sole, exclusive, and absolute property
of TEAM during the entire term of this Agreement.
TEAM shall post in a conspicuous place inside each concession stand a neatly prepared
price list of all articles offered for sale t such stand. Not later than ten (10) days before the
beginning of each season during the term of this Agreement, TEAM shall submit to LESSOR, in
order to notify LBSSOR, a schedule of all articles to be offered for sale and the prices which
TEAM intends to charge for those articles. TEAM may adjust the schedule of articles to be
offered for sale and the prices which TEAM intends to charge for those articles as needed as long
as TEAM shall advise LESSOR no later than ten (10) days before such adjustment to the
schedule of articles and prices shall go into effect. TEAM agrees to conduct concession sales in
a clean, professional, and businesslike manner similar to operations in other Minor League
stadium. TEAM may sell alcoholic beverages only at Team Professional Baseball Games, Other
Professional Baseball Games and organized Baseball events, unless specifically authorized by
Commission to sell alcoholic beverages at other activities or events held at the Facility. Subject
to obtaining the necessary licenses and complying with the applicable n1les and regulations,
TEAM may begin the sale of alcoholic beverages at or after one and one half (1 l/2) hours prior
to the scheduled start of any activity or event at Which the sale of alcoholic beverages shall be
allowed in accordance with this Agreement, and may continue the sale of alcoholic beverages
until the conclusion of such activity or event. TEAM specifically understands and agrees to the
foregoing restrictions on the sale of alcoholic beverages at the Facility notwithstanding any lack
of similar restrictions in its license to sell alcoholic beverages at the Facility.
TEAM agrees to abide by all municipal, county, state, and federal laws, ordinances, rules,
and regulations and to obtain al necessary and proper licenses, permits, and authorizations for the
conduct of its business at the Facility.
Notwithstanding the foregoing, Augusta reserve the right to sell or to allow third parties
to sell souvenir and novelty items and concessions so long as the permanent concession facilities
operated by TEAM are not utilized at Augusta sponsored or authorized activities or events held
at the Facility and to retain the proceeds from such sale. LESSOR may not sell any novelty or
souvenir items which are or appear to be Augusta GreenJackets souvenirs, novelties, caps,
equipment, wearing apparel, or programs, or which novelty or souvenir items carry the logo of
the Augusta GreenJackets or the logo of any ether entity in Organized Baseball and shall not
allow any third party to sell such items.
8. ADVERTISING/SIGNS/BANNERS/SCOREBOARD/MARQUEE. TEAM shall
have the sole, exclusive, and absolute right to erect, install, or affix advertising material, signs,
banners, or information at the Facility. Such right of TEAM shall include the ability and
Attachment number 1 \nPage 13 of 29
Item # 11
10
authority to sell advertising space at the Facility, including the ability and authority to place
advertising materials, signs, banners, or information on the interior surface of the outfield fence
and at other locations at, upon, or within the Facility during the entire term of this Agreement.
TEAM shall provide and install at its cost and expense, and not at the cost or expense of
LESSOR, a Minor League quality scoreboard at the Facility at a location and by using a method
of installation acceptable to TEAM and TEAM shall have the sole, exclusive, and absolute right
to sell all advertising in connection with such scoreboard for the entire term of this Agreement.
Such sole, exclusive and absolute right of TEAM to sell all advertising in connection with such
scoreboard shall be limited to the right of TEAM to sell advertising only on the face of the
scoreboard which faces the interior of the stadium and the right to sell all of the scoreboard
message center advertising facing the interior of the stadium.
For all of the foregoing, however, it is specifically provided that the kind, type, size, and
location of all advertisements shall be in keeping with the character of the Facility and shall not
be offensive to LESSOR and its citizens. TEAM shall permit LESSOR to review and approve in
writing all plans and specifications for all of such advertising prior to placement or to use at the
Facility.
TEAM shall have the right to advertise and use such other lawful means of soliciting
business as it deems appropriate. TEAM also shall have the right to erect signs at the Facility for
the purpose of announcing Home Games and all other activities or events to be held or conducted
at the Facility. The location and design of such signs at the Facility shall be approved in writing
by the LESSOR and must conform to the terms of this Agreement.
TEAM shall have the authority and discretion to set the prices for everything to be sold
pursuant to this Section 14 for all activities or events held at the Facility during the entire term of
this Agreement.
TEAM shall retain all such revenues generated from all of the activities contemplated by
this Section 14, and all such revenues so generated shall be the sole, exclusive, and absolute
property of TRAM during the entire term of this Agreement.
TEAM shall provide and install at its cost and expense and not the cost or expense of
LESSOR, a marquee to announce the events and activities to be conducted at the Facility at a
location mutually acceptable to the LESSOR and to TEAM, said location to be provided by
Augusta to TEAM at Augusta's cost and expense and not at the costs or expense of TEAM.
TEAM shall obtain, at its cost and expense and at no cost or expense to LESSOR, all necessary
permits and licenses for the construction and location of said marquee and shall obey all
ordinances, regulations, and statutes pertaining to the location, construction, maintenance, and
operation of said marquee.
Attachment number 1 \nPage 14 of 29
Item # 11
11
LESSOR shall have the right, at its expense and at no expense to TEAM, to cover
temporarily any advertising material, signs, banners, or information used or placed by TEAM at
the Facility which might or could be or is objectionable to any other user of the Facility. The act
of covering temporarily any advertising material, signs, banners, or information shall not harm or
deface any such advertising material, sign, banner, or information in anyway whatsoever.
LESSOR shall repair immediately any material damage to any such advertising material, sign,
banner, or information caused by LESSOR, its agents, contractors, or employees.
9. BROADCASTING, CABLECASTING OR TELECASTING. TEAM shall receive
all revenue, income, receipts, or benefits from whatsoever sources from the TEAM'S
broadcasting, cablecasting, or telecasting of any games played by the Augusta GreenJackets or
any other organized Baseball events, Team Professional Baseball Games or other Professional
Baseball Games sponsored by TEAM and LESSOR shall receive no revenue, income, receipts,
or benefits from such broadcasting, cablecasting, or telecasting. LESSOR shall not participate, in
any manner, in determining when or whether said games sponsored by TEAM shall be
broadcasted, cablecasted, or telecasted, and TEAM shall have all rights with respect to the same
including all rights pertaining to the contracting for the same. LESSOR shall charge no special
fees, permits, or hook-up expenses to TEAM or its broadcasters, cablecasters, or telecasters.
LESSOR shall receive all broadcasting, cablecasting or telecasting revenue from all events
sponsored by LESSOR.
10. HOME GAMES TO BE PLAYED AT FACILITY. In addition to the lease
payments required to be made by TEAM and as stated additional consideration for TEAM'S use
of the Facility, TEAM agrees that it shall require the Augusta GreenJackets to schedule and play
each and every one of its Home Games exclusively at the Facility during the entire term of this
Agreement. It is specifically provided, however, that upon the written request of TEAM
accompanied by the written approval and consent of the South Atlantic League, TEAM may
request LESSOR’s special written consent tor TEAM to play an occasional Home Game at
another location, that is, at a location other than the Facility such written request of TEAM shall
be made to LESSOR no less than thirty (30) days prior to the day of such Home Game proposed
at such other location. The written consent of LESSOR shall not be withheld unreasonably.
TEAM shall not request LESSOR 'S special written consent to play an occasional Home Game at
such other location any more often than two (2) times during any Championship Season.
11. TEAM NAME CHANGE / RELOCATION. TEAM retains the right to change
the name of the Augusta GreenJackets at any time and from time to time without the consent of
LESSOR, and TEAM agrees that it shall maintain the membership of the Augusta GreenJackets
(or the membership of the professional baseball club now known as the Augusta GreenJackets
however it may be known in the future) in the South Atlantic League or its successor or some
other league acceptable to LESSOR, which acceptance shall not be unreasonably withheld, for
Attachment number 1 \nPage 15 of 29
Item # 11
12
the entire term of this Agreement. such change of name shall in no way he construed to permit
the Augusta GreenJackets (or the professional baseball club now known as the Augusta
GreenJackets however it may be known in the future) to play its Home Games at any other
location except as in the specific manner as is permitted in Section 16 of this Agreement, and
such change of name shall in no way permit TEAM to be relieved of any of its obligations or
requirements pursuant to this Agreement.
12. OPERATING MAINTENANCE; CAPITAL MAINTENANCE; CAPITAL
IMPROVEMENTS.
A. Operating Repair and Maintenance; Capital Repair and Maintenance. TEAM shall
clean and supply sanitation and housekeeping services and shall provide operating repair and
maintenance all in a first class manner at and to the Facility and including the parking area which
is a part of the Facility, at TEAM’S expense and at no expense to LESSOR only for all activities
or events held at the operational support (TEAM Sponsored Events) for the entire term of this
Agreement. Operating repair and maintenance costs are defined as those costs which are either
(1) ordinary and recurring expenses for current repair and maintenance which do not improve,
restore or replace an Asset (but which repair and maintain it, all in accordance with generally
accepted accounting principles, or (2) items (with a single project constituting an item) with a
cost of less than fifteen hundred dollars ($1500.00). Notwithstanding the foregoing, operating
repair and maintenance does not include (1) construction items, whether they relate to the initial
construction of the Facility or any subsequent construction work related to the Facility, and (2)
any items with a cost of more than fifteen hundred dollars ($1500.00) related to the exterior of
the stadium at the Facility: these items shall be capital repair and maintenance.
The term Asset as used herein shall include grandstand, lighting, playing field, roof,
seats, sprinkler systems and walls.
Provided, however, notwithstanding the provisions of this Section 18:
(1) LESSOR shall provide all Operating Repair and Maintenance in connection with
the lighting system
(2) Operating Repair and Maintenance and Capital Repair and Maintenance for
parking areas shall be provided for in Exhibit 6 of this Agreement.
LESSOR shall provide the capital repair and maintenance at and to the Facility only, and not to
any of TEAM'S property or equipment of any kind or nature whatsoever, in a first class manner
at LESSOR'S expense and at no expense to TEAM; LESSOR shall provide all of such capital
repair and maintenance within a reasonable period of time after the same shall become
necessary. Capital repair and maintenance costs are defined as all costs other than operating,
repair and maintenance costs as defined above, all in accordance with generally accepted
accounting principles. LESSOR will coordinate any capital repair and maintenance projects with
TEAM to insure minimum interruption with the TEAM'S activities.
Attachment number 1 \nPage 16 of 29
Item # 11
13
TEAM shall prepare the playing field for play at its own expense, including but not
limited to, the following:
(a) Dragging, raking and edging non-turf areas;
(b) Chalking boundary lines;
(c) Installing bases;
(d) Fertilizing and irrigating;
(e) Grading and filling non-turf areas such as base paths, pitcher's mound, home plate area
and warning tracks; and
(f) Placing tarpaulins on all specific areas as necessary.
(g) Repairing or replacing any damaged turf areas unless such damaged turf area is damaged
by LESSOR or by any third party sponsored by LESSOR.
In general, when obligated to do so by the terms of this Agreement, TEAM shall keep the
premises at the Facility clean and neat and shall provide sanitation and housekeeping services
necessary to do so in accordance with the terms of this Agreement. Removal of all refuse
resulting from the use of the Facility by TEAM or by any third party using the Facility with the
approval of TEAM in a manner consistent with this Agreement shall be the responsibility of
TEAM.
The Facility shall be maintained by both LESSOR and TEAM pursuant to the foregoing six (6)
paragraphs of this section 18, subsection A, in accordance with the standards set forth in the most
recent edition as of the date of this Agreement of "A Baseball Facility: Its Construction and
Care".
B. CAPITAL IMPROVEMENTS. After the completion of the Facility, TEAM
shall have the right, from time to time, at its own expense, to make all such alterations and
improvements to the Facility, as shall be reasonably necessary or appropriate, in TEAM'S
judgment, for TEAM's conduct of its business, provided that prior to the commencement of any
alteration of any improvement, LESSOR shall have approved, in all cases, in writing, the plans
and specifications therefor which shall be submitted to LESSOR by TEAM. Such approval by
LESSOR will not be withheld unreasonably. If, within thirty (30) days after such plans and
specifications have been submitted and delivered by TEAM to LESSOR for such approval,
LESSOR shall not have given TEAM notice of disapproval thereof, then the plans and
specifications shall be deemed approved by LESSOR. In all of these regards, TEAM shall
comply with all permitting requirements.
TEAM agrees to make no alterations or improvements to the Facility without first
requesting and obtaining the approval of LESSOR in writing as aforesaid. Such approval by
LESSOR will not be withheld unreasonably.
Attachment number 1 \nPage 17 of 29
Item # 11
14
At the termination of this Agreement, TEAM agrees to return the Facility to its original
or subsequently improved condition, ordinary wear and tear excepted, and to return to LESSOR
in good working condition, ordinary wear and tear excepted, all equipment and property of
LESSOR, after inspection of the Facility, which inspection shall be made jointly by LESSOR
and TEAM. Promptly after such inspection at the termination of this Agreement, TEAM shall
pay LESSOR any damages due to LESSOR for damage to the Facility which includes the
parking area described in Exhibit 6, attached hereto, or to LESSOR's property, ordinary wear and
tear excepted. All buildings and other permanent improvements made, placed or constructed at
the Facility or the parking area or areas shall be deemed to become a part of the realty and to
become the property of LESSOR, except moveable property as described below, and TEAM
shall peaceably and quietly quit and surrender the same, together with the Facility, to LESSOR
upon, but not prior to, the termination of this Agreement. If TEAM is not in default under this
Agreement, TEAM shall have the right upon the termination of this Agreement, within thirty
(30) days thereafter, to remove from the Facility all moveable property, including but not limited
to all concession equipment, and which is not owned by LESSOR, and all property not so
removed shall be deemed abandoned by TEAM to the ownership of LESSOR. TEAM shall
repair any damage caused by such removal of property. TEAM shall not remove any property
which was placed, constructed or affixed at or on the Facility as a replacement or addition of
property which was initially owned by LESSOR.
13. UTILITIES. TEAM shall pay all utility charges for all utilities furnished to the
Facility and (including the parking area) for all events and activities held at the Facility which
are conducted or sponsored by TEAM, including, but not limited to, electricity, sewage, water,
garbage, trash removal, natural gas, telephone, and irrigation water for the playing field irrigation
system. Augusta shall reimburse TEAM for the cost of electricity supplied to the Facility for all
events and activities held at the Facility which are sponsored by Augusta or by third parties
designated by it.
14. SECURITY. TEAM shall provide all security at the Facility including the
parking area for all events and activities held at the Facility which are conducted by TEAM or
for which Team provides operational support (TEAM Sponsored Events) including, but not
limited to, all of TEAM’S Home Games. TEAM specifically agrees to provide adequate security
personnel as is appropriate for the size of the crowd in attendance at all events or activities held
or conducted by TEAM at the Facility. TEAM specifically agrees tbat in no event shall there be
less than two (2) off-duty law enforcement officers present at any event or activity which TEAM
holds or conducts at the Facility. Further, TEAM agrees that it shall meet with the commission
to agree upon a set of minimum standards based upon the type of event or activity scheduled to
be held at the Facility by TEAM and the anticipated number of persons attending the event, for
the purpose of determining the total number of off-duty law enforcement officers (in addition to
the minimum number of two (2) required by this Agreement) required by the Commission to be
present at the Facility for security purposes.
Such security personnel shall be provided by TEAM and shall be on duty at the Facility
at or before one (1) hour prior the scheduled start of all events and activities held at the Facility
which are conducted or sponsored by TEAM and such security personnel shall remain at the
Attachment number 1 \nPage 18 of 29
Item # 11
15
Facility until at least thirty (30) minutes after the end of any event or activity held or conducted
by TEAM at the Facility or until the parking area or areas is or are cleared of substantially all
vehicles.
15. TEAM'S PERSONNEL. TEAM shall hire and be responsible for and pay for
grounds crew, maintenance staff, and all other personnel necessary for the ongoing cleaning,
repair, and maintenance of the Facility and the parking area or areas. TEAM shall also hire and
be responsible for and pay for all other personnel necessary for the conduct of its business and
business of the Augusta GreenJackets at all events or activities held or conducted for which the
TEAM is responsible at the Facility. Such personnel shall include, but are not limited to, ushers,
ticket takers, concession workers, first-aid attendants, and other related personnel. TEAM'S
personnel shall be responsible for maintaining their respective work areas in a neat and orderly
fashion. TEAM agrees to use its best efforts to recruit a labor pool from the local population.
16. ADHERENCE TO LAW. TEAM shall adhere to and shall not in any manner,
directly or indirectly, violate the laws, ordinances, rules, or regulations of any federal, state,
county, city, or other governmental authority or agency in connection with the use and
occupancy of the Facility and the parking area or areas under the terms of this Agreement.
17. TAXES AND LICENSES. TEAM shall pay all lawful taxes, assessments,
licenses, and charges on its business operations, as well as on all goods, merchandise, fixtures,
appliances, equipment, and property owned by it and located at the Facility.
18. USE/QUIET ENJOYMENT. During TEAM’S use and occupancy
hereunder and for so long as TEAM is not in default, TEAM shall have and be entitled to the
quiet enjoyment with respect to the use and occupancy of the Facility and the privileges herein
granted without interruption or interference by any person including, specifically, LESSOR,
except to the extent that certain rights to use the Facility, or any portion of it, may be reserved to
LESSOR in accordance with this Agreement.
While TEAM is granted the use of the Facility for its purposes as specified in this
Agreement, Augusta, excluding Team's Areas, have the right to schedule other activities or
events at the Facility when TEAM or any third party using the Facility with the approval of
TEAM in a manner consistent with this Agreement is not scheduled to use the Facility, subject to
the provisions of this Agreement, including, but not limited to, Sections 4 and 10.
There shall be no use of personal property owned or controlled by TEAM without
TEAM'S prior written consent.
19. ASSIGNMENT/SUBLEASE. TEAM shall not assign or sublet the Facility of
any portion of it including any portion of the parking area unless such assignment or subletting is
specifically permitted and authorized by this Agreement, without the written consent of
LESSOR, which consent shall not be withheld unreasonably by LESSOR. Likewise, TEAM
shall not assign this Agreement without the written consent of LESSOR, which consent shall not
be withheld unreasonably by LESSOR. Notwithstanding the foregoing, it is noted that TEAM
has the sole, exclusive, and absolute authority and discretion to sublet the luxury stadium suites
Attachment number 1 \nPage 19 of 29
Item # 11
16
or "skyboxes” pursuant to Section 6 of this Agreement and that TEAM may grant concession
rights to third parties as it is appropriate for TEAM so to do for the conduct of its business at the
Facility in accordance with Section 13 of this Agreement. Furthermore, in the event TEAM
sells, conveys, or transfers the ownership of the Augusta GreenJackets or the majority interest in
the Augusta GreenJackets, upon the receipt by LESSOR of the approval in writing of the South
Atlantic League, the National Association of Professional Baseball Leagues, Inc., and the Major
Leagues of such sale, conveyance, or transfer, the third party purchaser of the Augusta
GreenJackets or of the majority interest in the Augusta GreenJackets shall be permitted by
LESSOR to assume and be obligated to this Agreement in exactly the same manner as TEAM is
obligated by and to this Agreement and once the third party purchaser of the Augusta
GreenJackets or of the majority interest in the Augusta GreenJackets so obligates himself,
herself, or itself, he, she, or it, shall have all of the rights of TEAM hereunder and TEAM shall
have no further liability hereunder.
Subject to the written consent of TEAM, which shall not be unreasonably withheld,
LESSOR may assign all of its rights and obligations hereunder to a Richmond County Stadium
Authority created by the Georgia General Assembly.
20. USUFRUCT. The interest of TEAM herein shall be considered a usufruct and
not an interest in land.
21. HOLD HARMLESS/INDEMNITY LIABILITY INSURANCE;
CONDEMNATION.
A. FACILITY REPAIR. TEAM agrees to repair any substantial damage to the
Facility resulting from any act or omissions of TEAM, its assigns, agents, or employees, or to
pay to LESSOR the costs for such repairs to the extent that LESSOR is not compensated therefor
by any insurance policy or otherwise.
B. PETROLEUM/HAZARDOUS WASTE/HOLD HARMLESS/INDEMNITY.
TEAM hereby specifically and expressly assumes responsibility for petroleum or other products
spilled or released from tanks, pipelines, structure , leasehold improvements, or vehicles placed
on or at the Facility or the parking area or areas by TEAM, its assigns, sublessees, agents,
officers, or employees or present on or at the Facility or the parking area or areas at TEAM’S
request or as the result of the negligence or willful misconduct of TEAM, its assigns, sublessees,
agents, officers, or employees provided there is excluded those items placed on or at the Facility
or the parking area or areas by LESSOR, its agents, contractors, or employees . TEAM shall hold
LESSOR harmless against all claims resulting from the escape of such petroleum or products
from such tanks, pipelines, structures, leasehold improvements, or vehicles. This clause shall not
release Augusta or Commission from liability for petroleum or other products placed on or at the
Facility or the parking area or areas by Augusta, its agents, contractors, or employees or present
on or at the Facility of the parking area or areas at LESSOR'S request or as the result of the
negligence or willful misconduct of Augusta or its agents, contractors, or employees. LESSOR
agrees that the site at which the Facility is to be constructed is or shall be as of April 1, 1995,
free of hazardous waste or other environmental contaminants.
Attachment number 1 \nPage 20 of 29
Item # 11
17
TEAM shall defend, indemnify, and hold harmless LESSOR against any and all claims
which Augusta, Commission and their members, officers or employees may hereafter be liable
for, suffer, incur, or pay arising under any applicable laws and resulting from or arising out of
any act, activity or violation of any applicable laws on the part of TEAM, its assigns, sublessees,
agents, officers, or employees, and against any and all claims which Augusta or Commission
may hereafter be liable for, suffer, incur, or pay resulting from or arising out of any handling,
storage, treatment, transportation, disposal, release or threat of release of hazardous waste or
hazardous substances by TEAM or its sublessees, agents, officers, or employees from, on or at
the Facility or the parking area or areas. TEAM shall not be responsible for any pre-existing
condition at the Facility or the parking area or areas unless enlarged or aggravated by TEAM, its
sublessees, agents, officers, or employees, and only to the extent enlarged or aggravated. Such
enlargement or aggravation shall be the responsibility of TEAM to the extent it is at fault. This
clause shall not release Augusta or Commission from claims or liability from or arising out of
any act, activity, or violation of any applicable law, on the part of such third party, its agents,
contractors, and employees and any handling, storage, treatment, transportation, disposal,
release, threat of release of hazardous waste or hazardous substances by such party, its agents,
contractors, or employees from, on, or at the Facility or the parking area or areas.
Further, TEAM agrees to indemnify and hold LESSOR harmless for damages for
injuries (including death) to persons or property arising out of its use or occupancy or
management of the Facility or the parking area or areas, whether due to its own default or
negligence, or the negligence of its assigns, sublessees, agents, officers, or employees, defective
conditions of the premises, negligence of the LESSOR, or otherwise, provided, however, that
TEAM shall not be liable for any damages due solely to affirmative negligent acts of LESSOR
committed in the performance by LESSOR of any work at the Facility or the parking area or
areas. TEAM agrees to indemnify Augusta and commission on account of all such claims and
further agrees that it will indemnify Augusta and Commission fully against any damages, fines,
penalties, or forfeitures of any kind which may be imposed or levied against Augusta and/or
Commission as the result of TEAM'S violation or failure to comply with any valid law,
ordinance or regulation of the United States, State of Georgia, or Augusta, including the Federal
occupational Safety and Health Acts of 1970 as amended from time to time, or any Federal
regulation adopted pursuant thereto.
TEAM shall not be liable for any damage due to the intentional or negligent acts of
Augusta or Commission, its agents, contractors, or employees committed in the performance of
any work or activity at the Facility provided, however, that any law enforcement personnel
employed by TEAM to provide security pursuant to this agreement shall not be considered
agents, contractors or employees of Augusta or Commission.
Furthermore, TEAM shall not be liable for any damages due to the intentional or
negligent acts of any third parties using the Facility for events held at the Facility for which
TEAM does not provide operational and maintenance services (LESSOR Sponsored Events).
For the purposes of this Agreement, “claims” includes and means all actions, causes of
action, whether common law or statutory, remedies, demands, out-of-pocket costs, liability,
charges, suits, judgments, expenses damages, incidental or consequential damages, clean-up
Attachment number 1 \nPage 21 of 29
Item # 11
18
costs, civil penalties, attorneys’ fees both at trial and upon an appeal, litigation expenses,
abatement costs, abatement and corrective injunctive relief, injunctive relief requiring removal
and/or remedial action, all costs of removal or remedial action, and damages to natural resources
C. TEAM INSURANCE. TEAM shall secure, pay for, and maintain during the term
of this Agreement the following insurance coverages:
(a) WORKERS COMPENSATION. Insurance covering all employees meeting
statutory limits in compliance with all applicable state and federal laws. The Workers'
Compensation coverage must include Employer's Liability with a minimum limit of One Million
($1,000,000.00) for each accident.
(b) COMPREHENSIVE GENERAL LIABILITY. Coverage shall have minimum
limits of One Million Dollars ($1,000,000.00) Per Person and Three Million Dollars
($3,000,000.00) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Two
Hundred and Fifty Thousand Dollars ($250,000.00) Property Damage Liability. This
comprehensive General Liability coverage shall include Premises and Operations, Broadform
Property Damages, XCU Coverage, Independent Contractors, Products and Completed
Operations, and Contractual Liability. This Comprehensive General Liability coverage policy
shall be endorsed to include and cover Liquor Liability.
(c) BUSINESS AUTO LIABILITY. Coverage shall have minimum limits of One
Million Dollars ($1,000,000.00) Per Occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability. This Business Auto Liability policy shall include and
cover: Owned Vehicles, Hired and Non-Owned Vehicles, Employee Non-ownership, and such
coverage as is necessary to protect the Parties against liability for the operation of the parking
area described on Exhibit 6, attached hereto.
(d) GARAGE KEEPER’S 1S LEGAL LIABILITY. Coverage shall have minimum
limits of Five Hundred Thousand Dollars ($5,000,000.00). This Garage Keeper's Legal Liability
Insurance policy shall cover the parking area described on Exhibit 6, attached hereto.
(e) LESSOR TO BE ADDITIONAL NAMED INSURED. TEAM shall require and
cause its insurer or insurers to list City, County and Commission as an Additional Named
Insured on the Comprehensive General Liability, the Business Auto Liability, and the Garage
Keeper's Legal Liability Policies.
(f) INSURANCE POLICIES/CERTIFICATES OF INSURANCE. Current valid
insurance policies meeting the requirements hereinabove identified in this section I shall be
maintained during the term of this Agreement TEAM shall furnish copies of all policies to
LESSOR. TEAM shall cause Renewal Certificates to be sent to LESSOR thirty (30) days prior to
the expiration date of any and all policies. Also, there shall be a thirty (30) day written
notification to LESSOR in the event of the cancellation or of the modification of any insurance
coverage required by this Agreement.
Attachment number 1 \nPage 22 of 29
Item # 11
19
Current Certificates of insurance evidencing that the required insurance provisions of this
Section 27 have been met and that said policies are in full force and effect shall be filed with the
Commission throughout the term of this lease agreement.
(g) IF TEAM FAILS TO PAY PREMIUMS. In the event that TEAM fails to pay the
premium or premiums on any or all of the aforementioned policies in this Section 27 when the
same shall become due and owing, LESSOR shall have the option to purchase a replacement
insurance policy or policies or to continue the current insurance policy or policies, all at the
expense of TEAM and not at the expense of LESSOR.
D. LOSS. If all or any significant portion of the Facility is damaged or destroyed
by fire or other casualty, LESSOR shall repair and rebuild the Facility with reasonable diligence
to the condition immediately before such loss or the condition required by law, whichever is
greater, with such repair and rebuilding to be completed as soon as is reasonably possible
giving due attention to the Championship Season after such fire or other casualty occurs and
in any event not later than three hundred fifty (350) days after such fire or other casualty occurs.
If in the good faith judgment of TEAM there is substantial interference with the operation of
TEAM'S activities or use of the Facility requiring TEAM to use temporarily other facilities, there
shall be an abatement of all moneys due hereunder from TEAM to LESSOR for the period of
such interference only. It is specifically understood by and between the Parties that during the
period of such interference, TEAM shall have the right to schedule its activities or event at
another facility and the obligations of TEAM pursuant to this Agreement shall be abated during
such interruption. If in the good faith judgment of TEAM, the Facility is not, cannot, or will
not be restored to the condition immediately before such casualty or the condition required by
law, whichever is the greater, within three hundred fifty (350) days after the fire or other
casualty occurs, this Agreement may be voided by TEAM and be of no further force or affect
and neither Party shall have any claim whatsoever against the other Party as a result hereof.
E. CONDEMNATION.
a. If the Facility leased under this Agreement is taken by any public authority
pursuant to the power of eminent domain, this Agreement shall terminate as of the date
possession is taken by the public authority.
b. If part of the Facility is taken pursuant to the power of eminent domain and, in the
reasonable opinion of either LESSOR or TEAM, it is not economically feasible to continue this
Agreement, either party may terminate this Agreement under the following terms and conditions:
(1) Such termination by either party shall be made by written notice to the other given
not later than ninety (90) days after the date possession is taken by the public authority.
(2) Termination is effective thirty (30) days after such notice is given, or the date
possession is taken, whichever is later.
(3) If neither LESSOR nor TEAM elects to terminate this Agreement, or until
termination is effective as the case may be, rental payments shall be abated in the same
Attachment number 1 \nPage 23 of 29
Item # 11
20
proportion as the fair market value of the portion of the premises taken bears to fair market value
of the whole of the premises.
(4) LESSOR shall make such repairs or alterations, if any, as are required to render
the remainder of the premises tenantable.
c. All damages awarded for the taking or damaging of all or any part of the premises
shall be the property of LESSOR. TEAM hereby assigns to LESSOR any and all claims to such
award. However, nothing in this Agreement shall be construed as precluding TEAM from
asserting any claim TEAM may have against the condemning authority to disruption or
relocation of TEAM’s business or for TEAM's property located on the premises.
22. PERMITS. TEAM, at its sole expense and at no expense to LESSOR, shall
comply with all laws, orders, rules and regulations of federal, state, county, city, and other
competent governmental regulatory authorities, and with any direction of any public officer
pursuant to law, which shall impose any duty upon TEAM with respect to the Facility.
TEAM, at its sole expense and not at the expense of LESSOR, shall obtain all licenses or
permits which may be required for the conduct of its business within the terms of this
Agreement. To the extent permitted by law, LESSOR shall assist and cooperate with TEAM in
securing such licenses or permits.
23. TERMINATION. This Agreement shall terminate at the end of its term as is
set forth at Section l or 3 of this Agreement or earlier as specifically provided in this Agreement.
24. DEFAULT .
A. (1) If LESSOR shall default in any of its obligations under this Agreement,
TEAM shall provide notice of default to LESSOR and afford LESSOR a qrace period of thirty
(30) days to cure such default; provided, however, that if the default in question is a non-
monetary default which cannot be cured within such thirty (30) day period, then LESSOR shall
be afforded such additional time as shall be required reasonably to cure such default if LESSOR:
(i) has commenced the appropriate cure within such initial thirty (30) days period;
and
(ii) thereafter proceeds with reasonable diligence to cure such default
(2) If Lessor shall be in default hereunder beyond the expiration of the thirty (30)
days grace period stated above TEAM shall have the right to:
(i) cure such default on behalf of LESSOR, in which event LESSOR shall
reimburse immediately TEAM for all sums paid to effect such cure together with interest
thereon at the rate of eight percent (8%) per annum plus reasonable attorneys' fees;
Attachment number 1 \nPage 24 of 29
Item # 11
21
(3) The remedies described in this Section 30 shall be in addition to any other
remedy that TEAM may have at law or in equity, including without limitation:
(i) An action to recover moneys then due and owing from LESSOR together
with interest thereon at the rate of eight percent (8%) per annum from the date such
moneys were due to the date of judgment, plus reasonable attorneys' fees; and
(ii) an action for specific performance of non-monetary covenants and
agreements on the part of LESSOR, provided that in no event shall LESSOR be liable for
punitive damages suffered by TEAM, and TEAM shall in all events seek to mitigate its
damage to the extent required by law.
B. (1) If TEAM shall default in any of its obligations under this Agreement,
LESSOR shall provide notice of default to TEAM and afford TEAM a grace period of ten (10)
days after receipt of notice to cure such default; provided, however, that if the default in question
is a non-monetary default which cannot be cured within such ten (10) day period, then TEAM
shall be afforded such additional time as shall be required reasonably to cure such default if
TEAM:
(i) has commenced the appropriate cure within such initial period; and
(ii) thereafter, proceeds with reasonable diligence to cure such default.
(2) If TEAM shall be in default hereunder beyond the expiration of the applicable
grace period stated above, or if in the good faith judgment of LESSOR the existence of such
default constitutes an immediate danger to property or to the safety or health of persons,
LESSOR shall have the right to:
(i) cure such default on behalf of TEAM, in which event TEAM shall
immediately reimburse LESSOR for all sums paid to effect such cure together with
interest thereon at the rate of eight percent (8%) per annum plus reasonable attorneys'
fees:
(3) The remedies heretofore described in this Section 30 shall be in addition to any
other remedy that LESSOR may have, including without limitation:
(i) An action to recover moneys then due and owing from TEAM together with
interest thereon at the rate of eight percent (8%) per annum from the date such moneys
were due, plus reasonable attorneys fees; and
(ii) an action for specific performance of non-monetary covenants and agreements
on the part of TEAM, provided that in no event shall TEAM be liable for consequential
or punitive damages suffered by LESSOR, and LESSOR shall in all events seek to
mitigate its damages to the extent required by law.
Attachment number 1 \nPage 25 of 29
Item # 11
22
25. GENERAL PROVISIONS.
A. Team warrants that this Agreement is not in conflict with any of the rules
of organized Baseball, including, specifically, the official Professional Baseball Planning
Rules.
B. In construing this Agreement, feminine or neuter pronouns shall be
substituted for those masculine in form and vice versa, and plural terms shall be
substituted for singular and singular for plural in any place in which the context so
requires.
C. The covenants, terms, conditions, provisions and undertakings of this
Agreement, or in any extensions thereof, shall extend to and be binding upon the
successors and assigns of the Parties hereto as if they were in every case named and
expressed and wherever reference is made to either of the Parties hereto, it shall be held
to include and apply also to the successors and assigns of such Party as if in each and
every case so expressed.
D. The Parties agree to execute and deliver any instruments in writing, necessary
to carry out any agreement, term, condition or assurance in this Agreement, whenever the
occasion shall arise and request for such instrument shall be made.
E. This Agreement shall constitute the full and complete understanding
between the Parties for the operation and management of the Facility and the Lease
Years. There are no oral understandings, terms or conditions and neither Party has relied
on any representation, express or implied, not contained in this Agreement. All prior
understandings, terms or conditions are deemed to merge in this Agreement, and this
Agreement cannot be changed or supplemented orally, but only by an agreement in
writing and signed by the Parties to this Agreement.
F. The term Existing Agreements means any agreement for the use of Heaton
Field in effect on the date this Agreement is executed to which two or more of the Parties
are a Party.
The Parties acknowledge that the performance of this Agreement may require them to
take actions, or refrain from taking actions, so as to breach Existing Agreements. The Parties
agree, that in the event of a conflict between this Agreement and any Existing Agreements, this
Agreement shall control and no action by any Party in accordance with the terms of this
Agreement shall be a breach by that Party of any Existing Agreements.
G. If any provisions of this Agreement shall be declared invalid or unenforceable, the
remainder of the Agreement shall continue in full force and effect unless so construing the
Agreement would produce an inequitable result.
H. The Parties at all times during the term of this Agreement shall act and deal in
good faith with each other.
Attachment number 1 \nPage 26 of 29
Item # 11
23
26. NOTICES. Any notice required to be given hereunder shall be in writing and
mailed, postage prepaid, by U.S. Certified Mail, Return Receipt Requested, addressed to the
Parties as follows unless a different address is later designated by either Party under this notice
provision:
For Notices to TEAM:
Agon Sports & Entertainment
C/O GreenJackets Baseball LLC
78 Milledge Rd
Augusta, Georgia 30904
Attention: Mr. Jeff Eiseman, President
with a copy to be sent to:
Loyd E. Wright
3991 MacArthur Boulevard
Suite 175
Newport Beach, CA 92660
and to:
Chris Schoen
Greenstone Properties
3301 Windy Ridge Parkway
Suite 320
Atlanta, Georgia 30339
For Notices to LESSOR:
Augusta, Georgia
Augusta Municipal Building
520 Greene Street
Augusta, Georgia 30901
Attention: Administrator
Augusta, Georgia
Augusta Municipal Building
520 Greene Street
Augusta, Georgia 30901
Attention: Clerk of Council
Attachment number 1 \nPage 27 of 29
Item # 11
24
Augusta, Georgia
Augusta Municipal Building
520 Greene Street
Augusta, Georgia 30901
Attention: General Counsel
All notices shall be deemed received seven (7) business days after being mailed or earlier
upon proof of actual receipt.
All consents, approvals, or permissions required to be obtained in accordance with this
Agreement shall be in writing. With respect to consents, approvals, or permissions, provided by
TEAM, consents, approvals or permissions, shall be duly given, unless otherwise specified when
they are given by the General Manager of the Minor League Club owned by TEAM. With
respect to consents, approvals or permissions, provided by LESSOR, consents, approvals or
permissions, shall be duly given, unless otherwise specified, when they are given by the
Commission or the Administrators of Augusta acting jointly on behalf of the LESSOR.
27. COMMITMENT TO EQUAL OPPORTUNITY EMPLOYMENT PRACTICES
TEAM shall abide by all Federal and State equal opportunity employment practices.
TEAM shall provide the LESSOR with a copy of its current equal opportunity policy and any
subsequent revisions or changes to that policy.
28. TIME IS OF THE ESSENCE. In all matters concerning or affecting this
Agreement, time is of the essence.
29. FAMILY SEATING SECTIONS. If practical, TEAM shall provide a discrete
seating area in each and every one of its seating classifications or categories at the Facility, each
of which shall be known as a "Family Seating Section" and each of which shall be of sufficient
capacity for patrons who may so chose, in which neither the possession nor the consumption of
either alcoholic beverages or tobacco shall be permitted.
30. SECTION 36-60-13, O.C.G.A. The Parties desire to make and enter this
Agreement subject in its entirety to the limitations of a multi-year agreement by municipalities
and counties in the State of Georgia as found in O.C.G.A., Section 36-60-13, and herein provide
the following:
(A) The Parties agree that this Agreement between them shall terminate absolutely and
without further obligation on the part of the LESSOR at the close of the calendar year in which
this Agreement is executed and at the close of each succeeding calendar year for which it may be
renewed.
(B) This Agreement shall be renewed automatically for each succeeding calendar year
provided therein unless positive action is taken by the LESSOR to terminate this Agreement.
Attachment number 1 \nPage 28 of 29
Item # 11
25
Positive action shall consist of written notice to TEAM from the LESSOR at least thirty (30)
days prior to January 1st of the next immediately succeeding calendar year.
(D) The Parties further agree that this Agreement shall terminate immediately and
absolutely at TEAM'S option at such time as appropriated and otherwise obligated funds of the
LESSOR are no longer available to satisfy the obligation of the LESSOR under this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
in several counterparts, each of which shall constitute an original and all of which, taken
together, shall constitute a single instrument, by the appropriate officials and the necessary seals
to be affixed thereto on the __________ day of ______________. 20 __.
GreenJackets Baseball LLC,
Inc.
By: __________________________
Its President
_____________________
Witness
_____________________
Notary Public for
______________ County, Georgia
My Commission expires _________________
Augusta, Georgia
______________________ By: _________________________
Witness Its Mayor
_____________________
Notary Public for
____________County, Georgia
My Commission expires _________________
Attachment number 1 \nPage 29 of 29
Item # 11
Public Service Committee Meeting
5/12/2014 12:45 PM
Program Fee Adjustments for Recreation, Parks and Facilities
Department:Recreation, Parks and Facilities Department
Caption:To approve as information, Recreation Program Fee Adjustments
for 2014.
Background:During the budgetary process, $150,000 in additional revenues
was approved for 2014.
Analysis:See attached.
Financial Impact:The fee adjustments will provide for an estimated $150,000 in
additional revenue.
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
10106**** various accounts
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Augusta Recreation, Parks & Facilities
Program Fee Adjustments
Program 2013 2014 Variance Effective Date
Additional
Revenue
Loud Crowd After School Program
Warren Road, Diamond Lakes, Garrett, McBean, Blythe $85.00/Month $90.00/Month $5.00 August 11, 2014 $7,500.00
Summer Day Camp
Warren Road, Diamond Lakes, Bernie Ward, McBean, Blythe $42.50/Week $50.00/Week $7.50 April 1, 2014 $30,000.00
Youth Athletics Sport Programs
Football, Basketball, Soccer, Flag Football, Baseball, T-Ball, Softball $50.00 $55.00 $5.00 July 28, 2014 $20,000.00
Youth Athletics Cheerleading Program $35.00 $40.00 $5.00 July 28, 2014 $2,000.00
Private Instructor Fees 80/20 70/30 January 2, 2014 $15,000.00
Aquatics - Swim Lessons
AAC, Brigham Swim Center
$50.00/Resident
$55/Non-Resident
$55.00/Resident
$60.00/Non-Resident $5.00 September 2, 2014 $4,000.00
Aquatics
Competitive Swim Teams/Per Team Member $24.00/Month $26.00/Month $2.00 September 2, 2014 $4,000.00
Aquatics
Multi-Visit Passes $24.00-$36.00 $30.00 - $42.00 $6.00 June 2, 2014 $4,500.00
Aquatics
Monthly, Quarterly, Annual Memberships $70.00-$475.00 $75.00-$500.00
$5.00-
$25.00 June 2, 2014 $2,500.00
*Adult Basketball Program - $2/Visit New
organized indoor basketball program with score keepers &
Timers. Bernie Ward,
Warren Road, May Park & Brigham *Free Play available
at Carrie J. Mays & McDuffie Woods $2.00 $2.00 January 2, 2014 $48,000.00
50 Additional Team Sponsorships $250.00 January 2, 2014 $12,500.00
$150,000.00
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Public Service Committee Meeting
5/12/2014 12:45 PM
Request to Amend Budget to Accept a Donation
Department:Augusta Recreation Parks and Facilities
Caption:Request to amend the Recreation, Parks and Facilities budget to
accept a donation from the Buffalo Soldiers.
Background:The department recently received a donation in the amount of
$2,500 from the Buffalo Soldiers. The Donation will be used to
buy recreation equipment to supply the new Mobile Playground.
Analysis:The budget must be amended in order to spend the funds.
Financial Impact:101-06-1214-5311816
Alternatives:1. To Approve. 2. Not approve.
Recommendation:1. To Approve.
Funds are Available
in the Following
Accounts:
101-061214-3711110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Public Service Committee Meeting
5/12/2014 12:45 PM
Ticket Vending Machine
Department:Augusta Public Transit
Caption:Motion to approve Augusta Public Transit’s purchase of the
following items through: Grant Project GA-90-X307-00 - One (1)
Ticket Vending Machine (TVM) ($94,209.60).
Background:The TVM will vend several types of passes on both paper and
plastic (poly) media types. Farecards dispensed by the TVM will
work seamlessly with the current APT fareboxes (GFI Genfare
Odyssey) and provide the appropriate associated records when
probed from the farebox.
Analysis:The TVM will be utilized to accommodate the passengers with
purchasing passes from 6:00 a.m. to 8:30 p.m. at the Transfer
Facility on Broad Street.
Financial Impact:Deny request.
Alternatives:Deny request.
Recommendation:Approve the purchase from Grant GA-90-X307-00 Funds.
Funds are Available
in the Following
Accounts:
54709-1211-54-25310
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
TVM Vendstar TVM with:35,175.00$ 1 35,175.00$
Stainless steel cabinet
Bezel
ADA information/direction labels
Illuminated coin/ticket return cup
Information panel w/clear Lexan cover
LCD Color 10.4” display panel (LED backlight)
13 button surround module
Full width stainless steel washlight
Bill tekpak consisting of *
*U.S. Bill acceptance/storage Tekpak for $1, $5, $10, $20 bills.
*One (1) bill stacker cashbox
One (1) TRiM module long cassette for 10mil die cut tickets
Alarm sensors and siren module
Receipt printer
Internal ventilation fans/filter
Electronic tekpak with modem and computer
115AC Convenience outlets
Top plate for customer label/sign (not available with scrolling sign)
One (1) Set of Keys (with each TVM up to 5 TVM's)
B26622-0001 T Handle (with each TVM up to 5 TVM's)
Operations/Maintenance Manual
Installation hardware
One year warranty
Revenue Service Training
Maintenance Training
B27757-0001 Coin Acceptance Package 6,285.00$ 1 6,285.00$
Complete with:
~ Coin Acceptor/recirculating Tekpak for nickels, dimes,
and quarters.
~ Coin entry bezel on TVM front
~ Internal coin chutes
~ One (1) coin cashbox
~ One (1) $1.00 coin supplemental hopper tekpak
~ One (1) $.25 coin supplemental hopper tekpak
D26686-0007 Bank Card Payment Package No Charge 1 No Charge
Complete with:
~ Bank Card Module
~ Bank card reader
~ Pin Pad
~ Mounting bracket
~ Processor software
D23887-0001 Validator/Recharge TRiM Package 3,450.00$ 1 3,450.00$
Complete with:
~ Recharge TRiM with slide and frame decal
D26645-0002 Smart Card Module and Front Decal 1,350.00$ 1 1,350.00$
Complete with:
~ Smart Card Processor and decal
D23888-0004 Second TRIM Module 3,940.00$ 1 3,940.00$
Printer / Encoder Module complete with
1 TRiM w/cassette for die cut plastic cards
D23888-0004 Third TRIM Module 3,940.00$ 1 3,940.00$
Printer / Encoder Module complete with
1 TRiM w/cassette for die cut plastic cards
B27432-0001 Digital Scrolling Light No Charge 1 No Charge
C26931-0001 Weather Heater (400 watt thermostatically controlled heater)No Charge 1 No Charge
TOTAL FOR TVM:54,140.00$
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
TVM INSTALLATION
Delivery and Normal Installation 1,880.00$ 1 1,880.00$
TOTAL FOR DELIVERY AD ISTALLATIO:1,880.00$
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
TECHNICAL SERVICES
Fare Table Administration No Charge 1 No Charge
TECHNICAL SERVICES TVM Program/Configuration/Interface Fee. This is required if
bank card package is purchased.(Customer will purchase at a
later date)25,500.00$ 0 -$
TOTAL FOR TECHICAL SERVICES:-$
COST PROPOSAL
VEDSTAR III - TICKET VEDIG MACHIE
DELIVERY AD ISTALLATIO
TECHICAL SERVICES
Attachment number 1 \nPage 1 of 2
Item # 14
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
WARRANTY Warranty - Year 1 No Charge 1 No Charge
EXTENDED
WARRANTY
Warranty - Year 2
3,095.00$ 1 3,095.00$
TOTAL FOR WARRATY:3,095.00$
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
VIP VIP Data System with connection for 3 workstations, training and
documentation, (for systems without existing network manager
systems) software and server grade computer 21,000.00$ 1 21,000.00$
TOTAL FOR VIP DATA COLLECTIO SYSTEM:21,000.00$
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
TKT-10MILPL-2/1 Magnetic Pass Cards - 10mm Thermal Plastic. This item includes
magnetic thermal polyester card stock. Customer is responsible
for design development for the card stock.0.085$ 50000 4,250.00$
TKT-10MILPA-2/1 Magnetic Pass Cards - 10mm Thermal Paper. This item includes
magnetic thermal paper card stock. Customer is responsible for
design development for the card stock.0.080$ 50000 4,000.00$
TOTAL FOR FARE CARD MEDIA:8,250.00$
ITEM DESCRIPTIO UIT PRICE QTY TOTAL PRICE
A27839-0001 TVM 3 Spares (2nd level maintenance, purchase with basic replacement) - KIT 2
C26802-0001 Temperature Sensor Board - Cabinet 97.00 1 97.00$
C26802-0002 Temperature Sensor Board - Door 138.00 1 138.00$
C26957-0001 Main Power Supply 470.00 1 470.00$
C26971-0001 Gel Cell Batteries 48.00 2 96.00$
D24361-0004 LCD Display Module w/Pushbuttons 1,590.00 1 1,590.00$
D26814-0001 Door Interface Board 930.00 1 930.00$
B27410-0001 Media Converter Board 1,271.00 1 1,271.00$
B27409-0001 Power Control Board 906.00 1 906.00$
B26868-0001 Universal Sensor Board 54.00 3 162.00$
D26963-0001 Receipt Printer 720.00 1 720.00$
C23835-0001 LCD Clear Glazing Window 40.00 1 40.00$
C27073-0001 Coin Cup Lamps 37.00 2 74.00$
Total Price Kit 2 6,494.00$
10% discount for complete kit purchase 649.40$
Net Total Price for Kit No. 2 purchase 5,844.60$
A27841-0001 TVM 3 Spares (revenue only) - KIT 4
C24351-0001 Bill Stacking Cashbox 992.00 1 No Charge
D26563-0001 Supplemental Coin Tekpak-25c 813.00 1 No Charge
D26563-0003 Supplemental Coin Tekpak-$1 813.00 1 No Charge
D26798-0001 Coin Mech - Guardian 510.00 1 No Charge
Total Price Kit 4 -$
TOTAL FOR SPARE PARTS:5,844.60$
TOTAL:94,209.60$
WARRATY
VIP DATA COLLECTIO SYSTEM
FARECARD MEDIA
SPARE PARTS
Attachment number 1 \nPage 2 of 2
Item # 14
Request for Proposal
Request for Proposals will be received at this office until Friday, October 11, 2013 @ 11:00 a.m. for furnishing:
RFP Item #13-172A Transit Ticket Vending Machine for Augusta Public Transit
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday,
September 27, 2013 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand
delivered.
No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the invitation
to bid including, but not limited to, the number of copies needed, the timing of the submission, the
required financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. All requests to waive or modify any such material condition shall be submitted through the
Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the
Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope.
Bidders are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places
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 September 5, 12, 19, 26, 2013
Metro Courier September 11, 2013
Revised: 3/5/2013
Attachment number 2 \nPage 1 of 1
Item # 14
UNOFFICIAL
VENDORS Attachment B SAVE Form Original 7 Copies Fee Proposal
Genfare
751 Pratt Boulevard
Elk Grove Village, IL 60007
YES YES YES YES YES
RFP Opening
RFP Item #13-172A
Transit Ticket Vending Machine
for Augusta, Georgia - Public Transit Department
RFP Due: Friday, October 11, 2013 @ 11:00 a.m.
The following vendor did not repond:
Bay Area Rapid Transit District / P.O. Box 12688 / Oakland CA 94604-2688
The following vendor submitted a "No Bid" Response:
VenTek Transit Inc. / 975 Transport Way / Petaluma, CA 94954
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 14
Evaluation Criteria
PTS
Genfare
751 Pratt Boulevard
Elk Grove Village, IL
60007
1.Understanding of Operational requirements
• Fully compatible with corresponding readers & processing units on GFI Genfair
• Odyssey fareboxes or other equipment
• System design concept efficacy
• Use of most current & available state-of-the practice technologies
• Non-propriety 3rd party interfaces
• Proven hardware & software components
• Public data network design & cost
30 30.0
2. System functionality versus technical requirements
• User friendly interface of screens & reports
• Proposed schedule & work plan
• Documentation, training & support services
• Quality assurance & testing
20 18.3
3. Performance Capabilities
• Proven experience successfully implementing TVM systems & integrating with
other systems (based on reference checks)
• Qualifications of Project Management Team & technical staff
• Customer support & proposed hardware/software maintenance plan during
warranty period
• Demonstrate adequate financial stability to ensure successful implementation &
ongoing support of the proposed system
• Compliance to terms & conditions of contract
20 18.3
4. Scope of Service
• Demonstrate a firm understanding of the requirements & goals set forth in the
scope of work
15 15.0
5. Cost Proposal
• Reasonableness of the total price & competitiveness with other proposals
received
• Price of future years’ maintenance & support services
15 10.0
TOTAL 100 91.7
Comments:
Cumulative Evaluation Sheet - RFP Item #13-172A
Transit Ticket Vending Machine
for Augusta, Georgia - Public Transit Department
Attachment number 4 \nPage 1 of 1
Item # 14
Attachment number 5 \nPage 1 of 3
Item # 14
Attachment number 5 \nPage 2 of 3
Item # 14
Attachment number 5 \nPage 3 of 3
Item # 14
VenTek Transit Inc.
Attn: Bill Ellis
975 Transport Way
Petaluma, CA 94954
General Farebox Inc
4462 Pacific Blvd
Los Angeles, CA 90058-2206
GFI Genfare
SPX Corporation
Attn: Roy Purnell
751 Pratt Boulevard
Elk Grove Village, IL 60007
Yvonne Gentry
LSBOP Office
Sharon Dottery
Transit Department
RFP Item #13-172A
Transit Ticket Vending Machine
For Transit Department
Mailed out September 5, 2013
RFP Item #13-172A
Transit Ticket Vending Machine
For Transit Department
RFP Due: Fri 10/11/13 @ 11:00 A.M.
Attachment number 6 \nPage 1 of 1
Item # 14
AUGUSTA PUBLIC TRANSIT
SHARON DOTTERY, TRANSIT CONTRACT MANAGER
TO:
FROM:
DATE:
RE:
dD
MEMORANDUM
Geri Sams, Procurement Director
Phyllis Johnson, Quality Assurance Analyst
Sharon Dottery, Transit Contract Manager
November 7,2013
RFP Item #13-172 Transit Ticket Vending Machine
I hereby request, on behalf of the Evaluation Committee, that RFP Item 13-172 Transit Ticket
Vending Machine be awarded to SPX Genfare.
If I can be of further assistance please do not hesitate to contact me.
Augusta Public Transit
1535 Fenwick Street - Augusta, GA 30901
(7 06) 821-1721 - Fax (706\ 821-17 s2
www. augustaga.gov
Attachment number 7 \nPage 1 of 1
Item # 14
Public Service Committee Meeting
5/12/2014 12:45 PM
ZA-R-232
Department:Planning Commission
Caption:ZA-R-232 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition to amend the
Comprehensive Zoning Ordinance by amending Section 28-A-
5 (Telecommunication Tower - District Regulations) to require
stealth towers in all Residential and Professional zones. (Referred
from April 28 Public Services Committee)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 15
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta, Georgia Commission effective September 16, 1997 by amending
Section 28-A (Telecommunication Tower)
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the
following language in Section 28-A-5-C in its entirety:
C. Two-family Residential (R-2), Multiple-Family Residential (R-3A, R-3B, and R-
3C), Manufactured Home Residential (R-MH), and Professional (P-1) Zones.
1. Telecommunication facilities or antenna, and stealth facilities shall be
permitted uses in the R-2, R-3A, R-3B, R-3C, R-MH, and P-1 zones, if
they are located on existing nonresidential structures, and as long as they
do not exceed the height allowable in the zone. Whip antennas or panel
antennas may extend twenty (20) feet above the height limit.
2. Otherwise, telecommunications towers may be located in the R-2, R-3A,
R-3B, R-3C, R-MH, and P-1 zones upon the granting of a special
exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
SECTIO II. That the Comprehensive Zoning Ordinance is amended by adding the
following language in Section 28-A-5-B:
B. Single-family Residential Zones (R-1, R-1A, R-1B, R-1C, R-1D, and R-1E);
Two-family Residential (R-2); Multiple-Family Residential Zones (R-3A, R-3B,
and R-3C) and Professional Zones (P-1):
1. Telecommunication facilities not exempted under 28-A(3) may not be
located in an R zone or P-1 zone as permitted uses;
2. Monopole and antenna telecommunication facilities may be located in a
residential or professional zone upon the granting of a Special Exception.
3. In order to qualify for consideration by Special Exception in an R zone or
P-1 zone, telecommunication facilities must be located on existing
nonresidential structures, or designed as stealth facilities. Whip antennas
or panel antennas may extend twenty (20) feet above the height limit.
4. Factors to be considered in granting a Special Exception are identified in
28-A-6.
Attachment number 1 \nPage 1 of 2
Item # 15
SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Duly adopted by the Augusta-Richmond County Commission this ______ day of
__________________, 2014.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1 \nPage 2 of 2
Item # 15