HomeMy WebLinkAbout2019-05-28 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 5/28/2019- 1:00 PM
PUBLIC SERVICES
1.New Ownership: A.N. 19-17: A request by Martha Oglesby Guy
for a retail package Beer & Wine License to be used in
connection with Kritul 69, LLC located at 2940 Inwood Drive.
District 5. Super District 9.
Attachments
2.Discussion: A request by Elisia Mike-Harper for a Massage
Operator's License to be used in connection with Elegant &
Exquisite located at 301 8th Street. District 1. Super District 9.
Attachments
3.Presentation by Ms. Constance L. Albury-Jackson regarding lack
of public transportation.Attachments
4.Motion to approve entering into a lease agreement between
Augusta, Georgia and Fore! Augusta Foundation, Inc. for the
operation of property known as “The First Tee of Augusta”.
Attachments
5.Motion to approve the contract document for Cypress Golf
Management, LLC for the management of the Augusta
Municipal Golf Course.
Attachments
6.Consider written presentation from Ms. Karen Brown regarding
funding for summer program at the Sand Hills Community
Center. (Requested by Commissioner Bill Fennoy)
Attachments
7.Discuss Mr. Ron Harrison's issues regarding the lack of code
enforcement/removal of abandoned/junk vehicles. (Requested
by Commissioner Marion Williams)
Attachments
8.Discuss grass cutting and maintenance of private lots and
property with a for sale sign posted. (Requested by
Commissioner John Clarke)
Attachments
9.Motion to approve the minutes of the Public Services Committee
held on May 14, 2019.Attachments
www.augustaga.gov
Public Service Committee Meeting
5/28/2019 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Ownership: A.N. 19-17: A request by Martha Oglesby
Guy for a retail package Beer & Wine License to be used in
connection with Kritul 69, LLC located at 2940 Inwood Drive.
District 5. Super District 9.
Background:This is an existing location formerly in the name of Sumit K.
Patel
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00
Alternatives:
Recommendation:Staff approved the application subject to additional information
not contradicting the applicant’s statements. The Sheriff’s Office
approved the application subject to additional information not
contradicting applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Law
Administrator
Clerk of Commission
Cover Memo
Item # 1
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Item # 1
Public Service Committee Meeting
5/28/2019 1:00 PM
Massage Operator
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:Discussion: A request by Elisia Mike-Harper for a Massage
Operator's License to be used in connection with Elegant &
Exquisite located at 301 8th Street. District 1. Super District 9.
Background:This is a New Location.
Analysis:The applicant meets the requirements of the City of Augusta's
Ordinance that regulates Massage Therapy.
Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator's
License and a fee based on estimated gross revenue reported.
Alternatives:
Recommendation:Staff approved the application subject to additional information
not contradicting the applicant’s statements. The Sheriff’s Office
approved the application subject to additional information not
contradicting applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.Cover Memo
Item # 2
Administrator.
Clerk of Commission
Cover Memo
Item # 2
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Item # 2
Public Service Committee Meeting
5/28/2019 1:00 PM
Ms. Constance L. Atbury-Jackson
Department:
Presenter:Ms. Contance L. Albury-Jackson
Caption:Presentation by Ms. Constance L. Albury-Jackson regarding
lack of public transportation.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
AGENDA ITEM REQUEST FORM
commission meetings: First and third ruesdays of each month - 2:00 p.m.committee meetings: second and last Tuesdays of each month - 1:00 p.m.
commission/committee: (Please check one and insert meeting date)
Commission Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
contact rnformation for IndividuauPresenter Making the Request:
Name:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
C,anlionff opic of Discussion lo. Bel on the Agenda: o
Please send this request form to
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
the following address:
Telephone Number:
Fax Number:
E-Mail Address:
706-821-1820
706-821-1838
nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 9:00 a.m. on the Thursday preceding the Commission or Committeemeeting of the following week. A five-minute time limit will be allowed for presentations.
Attachment number 1 \nPage 1 of 1
Item # 3
Public Service Committee Meeting
5/28/2019 1:00 PM
Lease Agreement between Augusta, Georgia and Fore! Augusta
Department:Recreation and Parks Department
Presenter:Ron Houck
Caption:Motion to approve entering into a lease agreement between
Augusta, Georgia and Fore! Augusta Foundation, Inc. for the
operation of property known as “The First Tee of Augusta”.
Background:Fore! Augusta has operated “The First Tee of Augusta” since
2001 and established it as a junior golf and life skills learning
center. Staffed with a PGA Class A Professional, certified First
Tee Coaches, and trained volunteers, they also offer public play,
clinics, and other activities.
Analysis:The Recreation and Parks Department is in favor of entering into
the lease agreement. The services offered by Fore! Augusta are
not offered by the Department but add value and opportunity to
the community. While no substantial revenue will be generated,
there are also no costs associated with entering and executing the
lease agreement. Therefore we believe this lease agreement to be
in the best interest of the Department and Augusta, Georgia.
Financial Impact:N/A
Alternatives:1. To approve the lease agreement 2. To deny the lease
agreement
Recommendation:1. To approve the lease agreement
Funds are
Available in the
Following
Accounts:
N/A
Cover Memo
Item # 4
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
STATE OF GEORGIA )
COUNTY OF RICHMOND )
LEASE AGREEMENT
THIS LEASE, made this day of , 2019, by and between AUGUSTA,
GEORGIA, a political subdivision and consolidated government of the State of Georgia, as
Lessor (hereinafter referred to as County”) and FORE! AUGUSTA FOUNDATION, INC., a
non-profit corporation organized and existing under the laws of the State of Georgia, as Lessee
(hereinafter referred to as “FORE! Augusta”).
W I T N E S S E T H:
WHEREAS, the County is the owner of the hereinafter described property located on
Damascus Road in Richmond County, Georgia; and
WHEREAS, FORE! Augusta desires to continue to lease said property for the purpose of
operating and maintaining a golf facility for children and youth under such terms and conditions
as are hereinafter set forth; and
WHEREAS, the County desires FORE! Augusta to operate the facility and programs
herein described and designed to meet the needs of children and youth for golf recreational
opportunities.
NOW, THEREFORE, the parties hereto, for and in consideration of the premises and
the mutual covenants herein contained, do hereby agree each for itself and its successors and
assigns as follows:
1. PREMISES. The County does hereby lease unto FORE! Augusta and FORE!
Augusta does hereby lease from the County the following described property (hereinafter called
“Premises”), to wit:
SEE EXHIBIT “A” ATTACHED HERETO
2. THE USE OF PREMISES. The Premises shall be used for the operation of a
golf facility, including at least four (4) holes, a driving range and a club house, and the operation
of golf programs conducted by FORE! Augusta.
Attachment number 1 \nPage 1 of 6
Item # 4
3. TERM. The term of this Lease shall be for a period of ten (10) years beginning
on the date of this Lease Agreement with an option to renew the lease for two (2) additional ten
(10) year terms upon mutual consent of both parties. Upon being advised that the County may
not have the power to enter into such a long-term lease, this ten (10) year lease is being executed;
however, in view of the very substantial investment by FORE! Augusta (both financial and
volunteer services), the parties urge their successors to know of and be guided by their original
intentions, although not being legally bound to do so.
4. RENTAL. FORE! Augusta agrees to pay the County an annual rental of One
Dollar ($1.00) with the rental of Ten Dollars ($10.00) for the entire initial term hereof having
been paid in advance, upon the execution and delivery of this Lease Agreement. The County
hereby acknowledges the receipt of such rental payment. The County further acknowledges that
the rental payment together with the value of the improvements constructed on the Premises by
FORE! Augusta and the operation of the golf program conducted by FORE! Augusta for the
citizens of the County are good and adequate consideration to the County and fully support the
lease of the Premises to FORE! Augusta.
5. MAINTAINENCE AND CONSTRUCTION OF IMPROVEMENTS. FORE!
Augusta shall maintain the Premises, at no expense to the County, by maintaining thereon not
less than four (4) holes of golf, a driving range, and a club house for use in its golf program. All
maintenance and construction, if any, shall be done in conformance with all applicable federal,
state and local laws, ordinances, rules and regulations and pursuant to plans and specifications
therefore which must be approved by the County prior to beginning the construction thereof, as
evidenced by the Administrator’s approval noted on the plans and specifications within thirty
(30) days of submission of same to the Administrator for approval. Should no objection to such
plans be made within such thirty (30) day period, the plans shall be deemed to have been
approved.
All buildings, facilities and other improvements constructed or to be constructed upon the
Premises by FORE! Augusta shall be and remain a part of said Premises and shall by surrendered
to County by FORE! Augusta at the expiration or earlier termination of the term of this Lease
Agreement. At the expiration or earlier termination of the term of this Lease Agreement, title to
all the improvements located on the Premises or constructed thereon by or at the direction of
FORE! Augusta shall vest in County free and clear of any liens or other encumbrances.
Attachment number 1 \nPage 2 of 6
Item # 4
In the event that at the termination of the Lease Agreement there are any liens or
encumbrances against the Premises or any improvements located thereon which have not been
satisfied by FORE! Augusta, County shall have the option of satisfying the same in which event
FORE! Augusta shall forthwith reimburse County for any and all costs and expenses, plus
reasonable attorney’s fees and legal costs incurred by the County in connection therewith.
6. ABANDONMENT OF USE. If during the term of this Lease Agreement any or
all of the golf facilities or its structures and or grounds on the Premises, are destroyed or so
substantially damaged so as to make it unusable, and if FORE! Augusta, for a period of one (1)
year after the date of such destruction or damage, fails to rebuild, repair and/or replace the golf
facility, its structure and/or grounds, or substantially commence construction of the same, or
should FORE! Augusta fail to maintain and use the Premises for the primary purposes of
conducting golf lessons, clinics and related activities for children and youth, or should FORE!
Augusta utilize the Premises for any other purpose other than specified herein, then the County
may, by giving written notice and a thirty (30) day right to cure such default to FORE! Augusta,
terminated this Lease Agreement and take possession of the Premises.
7. IDEMNIFICATION AND INSURANCE. FORE! Augusta shall indemnify
County against any claims, causes of action, expenses, losses or liabilities paid, suffered or
incurred, including reasonable attorney fees and litigation expenses, by County in defense of any
such claims and/or causes of action as the result of any breach of this Lease Agreement by FORE!
Augusta, FORE! Augusta’s agents, servants, employees, visitors or licensees of any covenant or
condition of this lease, or as the result of FORE! Augusta’s use or occupancy of the demised
Premises, or the carelessness, negligence or improper conduct of FORE! Augusta, FORE!
Augusta’s visitors, agents, employees, patrons, or invitees. FORE! Augusta’s liability under this
lease also extends to the acts and omissions of any subtenant and any agent, servant, employee,
patrol, or invitee of FORE! Augusta or any such subtenant.
During the term of this Lease Agreement, FORE! Augusta shall maintain general public
liability insurance covering death, injury or damage to person or property occurring on the
Premises or related in any way to the use and operation of the Premises and the improvements
now or hereafter located thereon with limits of not less than One Million Dollars ($1,000,000) per
occurrence and Three Million Dollars ($3,000,000) in the aggregate. Such insurance policy shall
name the County as an additional insured, shall be written by an insurer duly licensed in the State
of Georgia, and shall be of such form as is acceptable to County. A copy of the insurance policy
and evidence of the payment of the premium therefor shall be promptly furnished to the County
and thereafter annually each anniversary date. Such policy shall require that the County be given
thirty (30) days’ written notice of its cancellation or lapse.
Attachment number 1 \nPage 3 of 6
Item # 4
8. NO ASSIGNMENT OR SUBLETTING BY FORE! AUGUSTA. FORE!
Augusta agrees to use the Premises herein described for the purpose herein stated, and for no
other; and there shall be no assignment or sub-letting of the whole or any part thereof, except
with the prior written consent of the County.
9. DEFAULT. In the event that FORE! Augusta should fail to observe any of
FORE! Augusta’s covenants and obligations as herein expressed or should FORE! Augusta
abandon the Premises or cease to operate a golf program as herein provided in Paragraphs 2 and
5 hereof, then upon the happening of such event, County shall give FORE! Augusta thirty (30)
days’ notice to comply with the provisions of this Lease Agreement, or if the conditions cannot
be remedied within said thirty (30) day period, to commence the remedy within said thirty (30)
day period and diligently pursue it to completion; and should FORE! Augusta fail to do so,
County shall have the option to declare this Lease Agreement terminated and at once take
possession of the Premises.
The rights and options given to County under this Paragraph 9 shall not be construed to
be in lieu of, nor restrictive of, any other rights which County may have under the law for the
enforcement of this Lease Agreement.
The failure of County to avail itself of any remedy which it may have hereunder shall at
no time be construed to be a waiver of County’s rights.
10. MAINTENANCE AND REPAIRS. During the term of this Lease, FORE!
Augusta shall be responsible for maintenance and repair to the Premises and all improvements
located thereon, FORE! Augusta shall keep the Premises neat, clean, free of trash and in good
and well maintained condition with an attractive appearance.
11. RELATIONSHIP LANDLORD/TENANT. This Agreement and any renewals
hereof shall create the relationship of landlord/tenant where the County shall be the landlord and
FORE! Augusta shall be the tenant. No estate shall pass out of County; and FORE! Augusta
shall have only the use of the Premises, which use is not subject to levy and sale and not
assignable by FORE! Augusta, except with the County’s prior written consent. No receiver,
trustee or other judicial officer shall have any right, title or interest in and to the Premises, except
with the prior written consent of the County.
12. UTILITIES. County shall not be under any obligation to supply the Premises
with water, heat, gas, electricity, power or any other utilities. All utility services and the cost
thereof shall be the responsibility of FORE! Augusta.
13. NO WAIVER OF DEFENSES. Nothing contained in this Lease Agreement
shall be construed to be a waiver of and the County expressly reserves any and all defenses of
Attachment number 1 \nPage 4 of 6
Item # 4
sovereign immunity, official immunity and/or good faith immunity which may be applicable to
County for claims of third parties related to this Lease Agreement, the Premises, the
improvements now or hereafter located thereon, or the use of operation thereof.
14. TIME OF THE ESSENCE. Time is of the essence of this Lease Agreement.
15. GENERAL. (a) The various rights and remedies herein contained and reserved
to each of the parties shall not be considered as exclusive of any other right or remedy of such
party, but shall be construed as cumulative and shall be in addition to every other remedy now or
hereafter existing in law, in equity or by statute. No delay or omission of the right to excise any
power by either party shall impair any such right or power, or shall be construed as a waiver or
any default or as acquiescence therein. One or more waivers of any covenant, term or condition
of this Lease Agreement by either party shall not be construed by the other party as a waiver of a
subsequent breach of the same covenant, term or condition. The consent or approval by either
party to or of any act by the other party of a nature requiring consent or approval shall not be
deemed as a waiver or surrender of necessary consent to or approval of any subsequent similar
act.
(b) The invalidity or unenforceability of any provisions of this Lease Agreement shall
not affect or impair any other provision herein.
(c) This Lease Agreement sets forth all of the provisions, agreements, conditions,
covenants, terms and understandings between the parties relative to the demised Premises. There
shall be no provisions, agreements, conditions, covenants, terms, understandings, representations
or inducement, either oral or written, between the parties hereunder, unless reduced to writing
and signed by all parties to this Lease Agreement.
(d) That the terms and provisions of this Lease Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors, legal representatives and
assigns.
(e) This Lease Agreement shall be governed by and construed according to the laws of
the State of Georgia.
(f) Venue. All claims, disputes and other matters in question between all parties arising
out of or relating to the Lease Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. All parties, by executing this Agreement, specifically
consent to venue in Richmond County, Georgia and waive any right to contest venue in the
Superior Court of Richmond County, Georgia.
IN WITNESS WHEREOF, the said County and FORE! Augusta have caused same to be
executed by their proper officials, respectively and affixed their seals in duplicate, as of the day
and year first above written.
Attachment number 1 \nPage 5 of 6
Item # 4
LESSOR:
AUGUSTA, GEORGIA
By_____________________________
Mayor
Attest ___________________________
Clerk
[SEAL]
LESSEE:
FORE! AUGUSTA FOUNDATION, INC.
By ________________________________
Title _______________________________
Attest ______________________________
[SEAL]
Attachment number 1 \nPage 6 of 6
Item # 4
Public Service Committee Meeting
5/28/2019 1:00 PM
Cypress Golf Management of the Augusta Municipal Golf Course
Department:Recreation and Parks Department
Presenter:Ron Houck
Caption:Motion to approve the contract document for Cypress Golf
Management, LLC for the management of the Augusta
Municipal Golf Course.
Background:At their regular meeting held on May 7, 2019, the Augusta
Commission approved to extend the Management Agreement
with Cypress Golf Management, LLC for an additional period of
sixty (60) months.
Analysis:A revised contract was not included in action taken by the
Commission on May 7th. With the approval of this action, we
will have a revised agreement in place to have officially
executed by all parties. The new agreement has been vetted by
staff, Cypress Golf and the Augusta Law Department.
Financial Impact:Terms of the original agreement will carry through with no
financial changes and as per the original agreement approved in
May of 2014.
Alternatives:1. To Approve the contract document for Cypress Golf
Management
Recommendation:1. Move to Approve.
Funds are
Available in the
Following
Accounts:
FUNDS ARE AVAILABLE IN ACCOUNT: 101-06-1451
Cover Memo
Item # 5
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
CYPRESS GOLF MANAGEMENT
GOLF COURSE OPERATIONS MANAGEMENT AGREEMENT
THIS AGREEMENT is made this ____ day of _________ 2019 (the “Execution Date”),
by and between Augusta, 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 "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 Club 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,
development, marketing and operation of the AGC, and 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.
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
Attachment number 1 \nPage 1 of 20
Item # 5
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.
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 2019
calendar year and a preliminary business plan for the 2020 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 2019 calendar
year and a preliminary budget for the 2020 calendar year. The Annual Operating Budget shall
utilize a chart of accounts that conforms to golf industry standards.
For 2020 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 August 1 of the preceding year. Within thirty (30) days after the receipt of each proposed
Annual Business Plan and Annual Operating Budget, the Owner shall be responsible for
reviewing and approving these documents, or revising these documents in consultation with
Manager. 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.
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.
Attachment number 1 \nPage 2 of 20
Item # 5
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. Manager, acting as agent
for Owner, shall deposit all AGC revenues into an operating account for the AGC and 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.
Manager may reallocate up to ten percent (10%) of any amount budgeted with respect to any one
line item in the Annual 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 $25,000 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
(hereinafter defined), 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
Attachment number 1 \nPage 3 of 20
Item # 5
operate and manage the AGC and manage capital improvements 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. 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.
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 Club, 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 Club.
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.
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.
h. Acting as agent for Owner and in accordance with the Annual Operating Budget, enter
into service contracts and vendor agreements 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.
Attachment number 1 \nPage 4 of 20
Item # 5
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.
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. Make best efforts to 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. Make best efforts insure that licenses and permits necessary to support the operation and
maintenance of the AGC are kept current and in good standing.
o. Make best efforts to 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 a municipal golf course of a class and standing consistent with
the AGC.
3.2 Financial and Banking Matters. Owner shall establish or designate one or more
bank accounts as the operating account(s) ("AGC Accounts") for the AGC. AGC 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 AGC Operating Account all revenue from AGC
operations.
Attachment number 1 \nPage 5 of 20
Item # 5
b. Pay all AGC expenses, including all amounts due to the Manager as fees or reimbursable
expenses as long 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.
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 said property.
g. Balance all accounts and maintain the balance sheet for said property.
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.
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 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, with a cost of more than $25,000, Manager shall receive an additional project
management fee as provided for in Section 10 herein.
Attachment number 1 \nPage 6 of 20
Item # 5
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
Agreement, and fulfill Manager’s obligations under this Agreement. Owner acknowledges that it
is Manager’s standard practice to employ AGC 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 AGC
Account. In the event that funds in the AGC 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. It shall be Owner's responsibility to insure that sufficient funds
are available in the AGC 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 AGC Accounts 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 AGC Account are insufficient to fund an upcoming payroll, Manager shall notify
Owner and Owner shall be responsible for immediately depositing additional funds into the
operating or payroll account.
3.6 Payroll Escrow Account. 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 first year of
this Agreement. In the event that funds in the AGC 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
AGC 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
Attachment number 1 \nPage 7 of 20
Item # 5
Escrow Account to restore that account to the original amount agreed upon. Failure by 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 AGC 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
ClubAGC. 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.
Owner covenants and agrees that it shall not employ or offer to employ, at or in connection with the
AGC, or at any other Club, any personnel of Manager during the time services are being provided
by Manager under this agreement, or until one year after the expiration of this agreement, without
prior written consent of Manager.
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, at Owner’s expense as an operating expense of
the AGC, is responsible for the purchase and maintenance of 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
Attachment number 1 \nPage 8 of 20
Item # 5
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 AGC Accounts. Estimated
insurance premiums shall be included in the Annual Operating Budget.
Insurance coverage to be provided by Owner shall include, but may not be limited to:
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.
Attachment number 1 \nPage 9 of 20
Item # 5
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
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 and its parent and
affiliates and their respective officers, directors, 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 funds generated by AGC operating
revenues are not sufficient to fund payroll expenses or other operating expenses, it shall be
Attachment number 1 \nPage 10 of 20
Item # 5
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 AGC 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.
SECTION 6
OWNER’S REPRESENTATIONS AND WARRANTIES
6.1 Owner’s Representations. Owner makes the following representations and
warranties to Manager:
a. Owner is authorized to, and in good standing to, conduct business in the State of Florida.
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. 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
Attachment number 1 \nPage 11 of 20
Item # 5
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
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,
including, but not limited to, the right to place a lien on the AGC as property of the Owner if
permitted under local law.
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
Attachment number 1 \nPage 12 of 20
Item # 5
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.
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 term of this agreement shall be from the Execution Date through the
calendar year ending 2024. Upon 45 days’ written notice in advance to the other party, either party
may terminate this Agreement 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.
Attachment number 1 \nPage 13 of 20
Item # 5
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.
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 any travel, lodging or other expenses 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
Attachment number 1 \nPage 14 of 20
Item # 5
INDEMNIFICATION
9.1 Owner’s Indemnification of Manager. Except as otherwise provided herein, Owner
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, 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 $5,000 per month. This fee will be paid by Owner on or before the 1st day of
the month for which the fee is payable.
Attachment number 1 \nPage 15 of 20
Item # 5
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 AGC Account. Owner shall be responsible for insuring
that the AGC operating Account contains sufficient funds for this purpose, just as the Owner is
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 Club-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. In the event that such projects may be
authorized by Owner, it is the intent of both parties that Manager will provide project planning
and management services, provided that Manager, in Owner’s reasonable judgment, has the
professional expertise and management capability required by the project. A separate agreement
will be executed by the parties for any such projects, and Manager shall receive a project
management fee equal to ten percent of the cost of any project up to $250,000, plus 5% of the
portion of the cost of any project in excess of $250,000.
10.5 Disposition. It is mutually acknowledged that in addition to the provisions set forth
herein it is deemed appropriate and in the best interests of both parties for Manager, or a qualified
affiliate or subsidiary of Manager, to be retained by Owner on a consulting or brokerage services
basis to advise and assist Owner with the marketing and sale of the AGC, at such time and under
such conditions as Owner shall determine, in Owner’s sole discretion. The specifics of these
additional services by Manager, and associated fees, are to be developed jointly and shall be subject
to the approval of both parties.
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
Attachment number 1 \nPage 16 of 20
Item # 5
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 the AGC. 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.
12.3 Arbitration. In the event that there shall occur any dispute between the parties
hereto under this Agreement, the parties hereto shall first seek to resolve such dispute between
them as soon as possible. Any unresolved dispute relating to this Agreement shall be settled by
arbitration in Orange County, Florida in accordance with the rules of the American Arbitration
Association on an expedited basis. Any award or determination made by the arbitrator as
provided for hereunder shall be binding and conclusive upon the parties hereto.
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.
Attachment number 1 \nPage 17 of 20
Item # 5
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 Georgia, and it may be executed in any number of
counterparts, each of which shall be deemed an original without the production of the other.
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.
12.6 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
Suite 901
535 Telfair Street
Augusta, Georgia 30901
Copy to: Augusta Law Department
Building 3000
535 Telfair Street
Augusta, Georgia 30901
Manager: John Fogel
10524 Moss Park Rd
Suite 204-233
Orlando, FL. 32832
Attachment number 1 \nPage 18 of 20
Item # 5
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. “Contractor 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, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to
assume contractual obligations and the consequences of Contractor'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 Contractor may be precluded from recovering
payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative
authorization or if the Contractor 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 Contractor.
Contractor 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:
Name:
Title:
By:
Name:
Title:
Date:
Attachment number 1 \nPage 19 of 20
Item # 5
ATTEST:
Name:
Title:
Manager:
CYPRESS GOLF MANAGEMENT, LLC
By:
Name:
Title:
Date:_______________________________
Attachment number 1 \nPage 20 of 20
Item # 5
Attachment number 2 \nPage 1 of 1
Item # 5
Public Service Committee Meeting
5/28/2019 1:00 PM
funding for summer program at the Sand Hills Community Center
Department:
Presenter:Commissioner Bill Fennoy
Caption:Consider written presentation from Ms. Karen Brown regarding
funding for summer program at the Sand Hills Community
Center. (Requested by Commissioner Bill Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
May 21, 2019
Sand Hills 2019 Summer Youth Program Task Force
c/o En Pointe Plus/ Karen Brown
480 Duncan Road ; North Augusta, SC 29841
Dear Commissioner ,
Last year at this time, we had no idea that our partners and collaborators : The Mayor, The City of Augusta,
The Augusta Commissioners led by Commissioner William Fennoy, The Augusta Recreation and Parks
Department, The Richmond County Board of Education, Humanitree House, C. Keith Brown, and Russell
Joel Brown would change so many lives in the Sand Hills Community. Thanks to the generous donation of
$15,000 from The Augusta Commissioners and the funds that the Sand Hills 2018 Summer Youth Program
Task Force were able to raise, we produced a Black Panther inspired, arts based, multidisciplinary enrichment
experience for 35 children ages 10 - 14 years at the Sand Hills Community Center.
As a reminder, during the Sand Hills Community Center and Park’s 2018 Summer Youth Program, with 35
registered participants we came close to our goal of serving 40 children. Prior to the program we presented
three “Thursday Seminars” to create awareness. Audiences grew to as large as 60 in attendance to hear
either: Kwaku speaking on the movie Black Panther, ”Hollywood Fantasy or “African Reality?” ; Denise
Lipscomb of Humanitree House Juice Joint & Gallery telling us “How to make Healthy Food Choices Even
if you live in a Food Desert”; or Russell Joel Brown sharing his “Project: Inspire” which weaves content from
“The Lion King” with valuable life lessons. We went on field trips to visit Savannah Riverkeeper and The
Lucy Craft Laney Museum. Participants used their newly acquired public speaking skills to interview
neighbors “under the tree” at the corner of Wheeler Road and Fleming Avenue.
At our culminating event, we proudly showed off our “new “ young people whose lives we impacted in a
powerful way during the two weeks we spent together. As predicted in our thank you letter last year, we need
your help, continued involvement and generosity to provide this program again. We request your support of
$20,000 this year to implement the full design of the program, operating a FREE arts enriched youth program
over two full weeks for 40 students that:
builds technical and expressive skills through the universal language of dance
develops confident communicators who can make a difference in their environment
analyzes the lyrics, structure, and melody of music from the movie Black Panther
teaches middle school students to improve their daily food and activity choices
We look forward to strengthening our partnerships with you and our current collaborators. Your generous
support has a direct impact on the development of the next generation of citizens for our community.
Quoting a Yoruba proverb, "It takes a village to raise a child" and you are all a part of our village.”
Sincerely,
Karen Brown
Program Director
Sand Hills 2019 Summer Youth Program
Attachment number 1 \nPage 1 of 1
Item # 6
Public Service Committee Meeting
5/28/2019 1:00 PM
Mr. Ron Harrison removal of abandon/junk vehicles
Department:
Presenter:Mr. Ron Harrison
Caption:Discuss Mr. Ron Harrison's issues regarding the lack of code
enforcement/removal of abandoned/junk vehicles. (Requested
by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
AGENDA ITEM REQUEST FORM
commission meetings: First and third ruesdays of eachCommittee meetings: Second and last Tuesdays of eacf
Caption/Topic Discussion to pe placed on tfe Agenda:G)*';t-z:' z7r-t* ^t. rlfl-)- - Z*
Please send this request form to the following address:
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Buitding
535 Telfair Street
Augusta, GA 30901
month - 2:00 p.m.
month - 1:00 p.m.
Commission/committee: (please check one and insert meeting date),/Commission Date of Me eting/?e d_/a Zaf 2Public Safety Committee Date of Me etln;---{-Public Services Committee Date of Meetin;
_-
Engineering Services committee Date of Meetin; ---.-
Finance Commiffee Date of Me"tirg
-contact Information for rndividuaupresenter Making the Request:
Name:ryta)rJ
Addressl
Telephone Number:
Fax Number:
E-Mail Address:
/-
+-_f
Telephone Number:
Fax Number:
E-MaiI Address:
706-821-1820
706-821-1838
nmorawski@augustaga. gov
Requests may be faxed, e-mailed or delivered in person and must be received in the clerk,soffice no later than 9:00 a.m. on the Thursd"y pr"""oi"g the commission and committeemeetings of the following week. A five-minuteiime limit will be allowed for presentations.
Attachment number 1 \nPage 1 of 2
Item # 7
AGENDA ITEM REQUEST FORM
commission meetings: f irst and third ruesdays of each month _2:00 p.m.Committee meetings: second "roi"r, rrooryJ*""-fiontt _ 1:00 p.m.
Com m ission/Com miltee:
r' Commission
public Safety Committeepublic Services Committee
-
Adm inistrative Services Committee
Finance Committee
(Please check one and
to the foltowing address:
Telephone Number:
Fax Number:
E-Mail Address:
insert meeting date)
fff ;iff::l ixz-z$z4 )a7 r
DateolMe"tini--.-..-------------.--.----
Date of Me"tini -----.---.--.--.---.-.----
Date of Me"tiri -.--.--.---.---.--.--.---
Date of Me"tin!_-
Contact fnformation for Individual/presenter Making the Request:
Name: A ^,-r^as* r..)
Address:1
Telephone Numbei
Fax Number:
E-Mail Address:
to be plaged on the el*-*>n
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Streei
Augusia, GA 3090f
706-821_1820
706-821_1838
nmorawski@au gustaga-gov
Requests may be faxld' e-mailed or delivered in person and must be received in the crerkrsoffice no rater than 5:0o p.--;;;h" weonesoa!-p.ll#ug rh" c;;;;rir" meeting andL'"1i;?;11,,*,T,fi l;',i;r*ifjmr,,;rilffx,*..tnero,ro,nil!,""ur"Ari,*-
Please send this request
Attachment number 1 \nPage 2 of 2
Item # 7
Public Service Committee Meeting
5/28/2019 1:00 PM
Grass cutting and maintenance of private lots
Department:
Presenter:Commissioner John Clarke
Caption:Discuss grass cutting and maintenance of private lots and
property with a for sale sign posted. (Requested by
Commissioner John Clarke)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
AGENDA- ITEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month - 2:00 p.m.
Committee meetings: Second and last Tuesdays of each month - 1:00 p.m.
Commission/Commiffee: (Please check one and insert meeting date)
Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of MeetingFinance Committee
Contact Information for IndividuaVPresenter Making the Request:
Name: F, 4]a"/,Ko
Address:
Telephone Number:
Fax Number:
E-Mail Address:
Caption/Topic of Discussion to be placed on thg Agenda:
'-/ Xd.
Please send this request form to
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
the following address:
Telephone Number:
Fax Number:
E-MaiI Address:
706-82t-t820
706-821-1838
nmorawski@au gustaga.gov
Requests may be faxed, e-mailed or delivered in person and
Office no later than 9:00 a.m. on the Thursday preceding
meeting of the foUowing week. A five-minute time limit will
must be received in the Clerk's
the Commission or Committee
be allowed for presentations.
Attachment number 1 \nPage 1 of 1
Item # 8
Public Service Committee Meeting
5/28/2019 1:00 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Public Services Committee
held on May 14, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
Public Service Committee Meeting Commission Chamber - 5ll4lz0l9
ATTENDANCE:
Present: Hons. Davis, Chairman; Hasan, Vice Chairman; Clarke and
Fennoy, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
PUBLIC SERVICES
1. Discuss James Brown Birthday Bash as a two-day event. (Requested by ltem
Commissioner Bill Fennoy) Action:
Approved
Motions
f#:'" Motion rext Made By Seconded By Motion
Result
Motion to approve
^ addine this item to Commissioner Commissioner passesApprove the ag-enda. Ben Hasan William Fennoy P;
Motion Passes 4-0.
Motions
f#:" Motion rext Made By seconded By ffitjil
Approve Motion to approve tasking Commissioner Commissioner Passes
the Recreation Dept. William Ben Hasan
Interim Director and Fennoy
Special Events
Coordinator with
coordinating with the
Miller Theater to hold a
two-day event for the
James Brown birthday
next year and to report
back to the committee
Attachment number 1 \nPage 1 of 7
Item # 9
their recommendations in
60 to 90 days.
Motion Passes 4-0.
2. New Location: A.N. 19-16: A request by Keion S. Taylor for an on premise Item
consumption Liquor, Beer & Wine License to be used in connection with Last Action:
Call located at l72l Gordon Highway. There will be Dance. There will be Approved
Sunday Sales.
Motions
Motion f,'.:^-'Tr^--1 rf, r n ^ t r'- Motioniil" Motion Text Made By Seconded By Resutt
Motion to delete this
item from the agenda
a --_.-__ and reschedule it to the Commissioner CommissionerApprove : :;-; :- --- :--^;;^--'.-"-- .::..:. .,'""_"'^-' passes'-rr- - ' - June 27 Commission Ben Hasan William Fennoy
meeting.
Motion Passes 4-0.
3. New Location: A.N. 19-15: A request by Ayaz Ali for a retail package Beer Item
& Wine License to be used in connection with Custer & Moreland located at Action:
502 Highland Ave. District 1. Super District 9. Approved
Motions
X:'1"' Motion Text Made By seconded By Motionlype - ----- -'t ----..--- -r Result
Motion to
Approve il3,',ool'.u,,., ;:fffi::f*' $",il,trI:& passes
4_0.
4. Discuss/update from Code Enforcement staff regarding abandoned/stripped Item
vehicles on the 1800 block of l5th Street. (Requested by Commissioner Action:
Marion Williams) approved
Motions
X:ji"ll Motion Text Made By seconded By Motion
I YPe --""- -r Result
Approve Motion to approve Commissioner Commissioner Passes
getting an update on Ben Hasan John Clarke
Tuesday from the
Attachment number 1 \nPage 2 of 7
Item # 9
Marshal's Office and
Code Enforcement
regarding whether the
VIN verifi cation process
has begun for the
vehicles involved in this
item.
Motion Passes 4-0.
5. Request Commission approval to enter into Phase IV contract with MCCi, Item
LLC as a sole source vendor for the amount of 'not to exceed $85,000.00' for Action:
the purpose of digitizing and indexing historic building plans. Approved
Motions
X:j1" Motion Text Made By seconded By Motion'l'ype - ----- -'t --------- -" Result
Motion to
A -_-^_-^ approve. Commissioner CommissionerApprove Ifiotion passes Ben Hasan John clarke Passes
4_0.
6. 'Request adoption of the FY2020 UPWP for the MPO/ARTS annual budget. Item
Action:
Approved
Motions
X:'1'" Motion Texr Made By Seconded By MotionI'Y^,,e ----- -r --------- -r Result
Motion to
^ approve. Commissioner CommissionerApprove rrrtotion Passes Ben Hasan John Clarke Passes
4-0.
7. Motion to authorize the Department of Recreation and Parks to move forward ltem
with design and bid documents for Priority I Improvements to Dyess Park Action:
Community Center and Pool Complex. Approved
Motions
Motion .!_,m Motion- ----- Motion Text Made By Seconded Byf ype -'---- -" Result
Approve Motion to approve Commissioner Commissioner Passes
receiving this item as Ben Hasan Mary Davis
Attachment number 1 \nPage 3 of 7
Item # 9
information and get a
copy of the CIP from Mr.
Parker so that the
committee can make a
decision about moving
forward.
Motion Passes 4-0.
8. Discuss/approve emergency repairs for the Henry H. Brigham Item
Community Center. (Requested by Commissioner Bobby Williams) Action:
Approved
Motions
Motion Motion Textrype
Motion to approve
receiving this item as
information and allow the
Recreation Department to
^ brins back aApprove e' -rr--' - recommendation
regarding a cost analysis
on how these repairs can
Made By Seconded By fJ,iii
Commissioner Commissioner
Ben Hasan Mary Davis Passes
be done.
Motion Passes 4-0.
9. Motion to approve the current preliminary design and proceed to final design Item
and bid documents for Lake Olmstead Park improvements. (Approved by Action:
Public Services Committee April 30, 2019 - referred from May 7 Approved
Commission meeting)
Motions
Motion Motion TextI ype
Motion to approve
receiving this item as
information and have
Approve the Recreation Dept.
bring back a cost
analysis with the CIP.
Motion Passes 4-0.
Made By Seconded By Motion
Result
Commissioner
Ben Hasan
Commissioner
l"rm cr"*. Passes
10.
Attachment number 1 \nPage 4 of 7
Item # 9
Motion to approve the minutes of the Public Services
April 30,2019.
Made By Seconded By
Committee held on
Motion
Result
Motion
Result
Item
Action:
Approved
Motion to
, approve. Commissioner CommissionerApprove Motion Passes Ben Hasan william Fennoy rasses
4-0.
11. Motion to accept as Information. The Augusta Aviation Commission Item
Approved this Work Authorization #31 Amendment #2 on March 28,2019. Action:
The Aviation Commission is requesting the Commission to accept as Approved
information.
Motions
[,"J:'" Motion rext
Motion to
^ aDDrove.APProve vtotio, Passes
4-0.
12. Motion to approve the rescinding of bid award and contract as approved by Item
the Aviation Commission on March 28,2019 to ALL SOUTH ROOFING Action:
and award to ROOFING PROFESSIONALS, INC. as approved by the Approved
Aviation Commission on March 28,2019.
Motions
f#:"" Motion Text Made By seconded By
Motion to
^ aDDrove.APProve uotion Passes
4-0.
Motions
r#:" Motion rext Made Bv
Commissioner Commissioner
Ben Hasan William Fennoy Passes
seconded By Motion
Result
Commissioner Commissioner
william Fennoy John clark. Passes
13. Motion to accept as information. The Augusta Aviation Commission Item
approved Mead & Hunt Work Authorization #31 Amendment #3 on March Action:
28,2019 and is requesting the Commission to accept as Information. Approved
Attachment number 1 \nPage 5 of 7
Item # 9
Motions
Y:jt1"Il Motion Text Made By Seconded By Motion
Type Result
Motion to
^ approve. Commissioner CommissionerApprove ilotion passes Ben Hasan william Fennoy Passes
4-0.
14. Motion to approve the Contract with Viking Engineering for Airport Parking Item
Canopies. Re-Bid l9-139A Action:
Approved
Motions
Y:j1" Motion Text Made By Seconded By MotionType "---- -r Result
Motion to
^ approve. Commissioner CommissionerApprove ilotion passes Ben Hasan william Fennoy Passes
4_0.
15. Request Commission approval to adopt the Congestion Management Process Item
as required to be updated by Fcderal Law. This study is used to make Action:
transportation decisions utilizing existing traffic conditions within the MPO's Approved
jurisdiction.
Motions
[-ojl'" Motion Text Made 85, seconded By Motion'l'ype - ----- -'t *-------- -J Result
Motion to
a ___^_-^ approve. Commissioner CommissionerApprove ilotion passes Ben Hasan william Fennoy Passes
4-0.
16. Motion to receive as information an update from The Warrior Alliance Item
(TWA) as they prepare to engage in capital improvements to the Augusta Action:
Golf Course as part of a comprehensive veterans training, rehabilitation and Approved '
employment program.
Motions
Motion rf, _1:^_ m-__1 rr r n Motion;"'^*" Motion Text Made By Seconded ByI'ype - ------ -'r --------- -r Result
Attachment number 1 \nPage 6 of 7
Item # 9
Approve Motion to approve Commissioner Commissioner Passes
receiving this item William Fennoy Ben Hasan
as information.
Motion Passes 4-0.
www.auqustaqa.qov
Attachment number 1 \nPage 7 of 7
Item # 9