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HomeMy WebLinkAboutAugusta Mini Theatre Inc and Augusta Georgia Augusta Richmond GA DOCUMENT NAME: a u ~ u g. 1" A- f'Y) iN; ,. j..\ G I'l ,...IZ. b .::I~c- ~ A \J~Ll S. q A Q.....60"1\./!l' DOCUMENT TYPE: (\ C) (.{..'\; is fi) e.ov Y YEAR: \'1 q 1( BOX NUMBER: to FILE NUMBER: )"3 <a- 8" 9 NUMBER OF PAGES: /4 ~.. .. .. STATE CF GEORGI.; RICHMOND COUNTY AGREEMENT THIS AGREEMENT made and entered this ~ day Of~' between Augusta, Georgia, acting by and through the Augusta- 199B, Richmond County Commission, a political subdivision of the State of Georgia (hereinafter referred to as .Z\ugusta), and Augusta Mini Theatre Inc. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, a Special County 1% Sales~. and Use Tax was approved by the qualified voters of Richmond County in a referendum held on September 19, 1995, effective January 1, 1996; and WHEREAS, the Board of Commissioners of Richmond County approved a Resolution providing that the proceeds of the tax would be used to include, inter alia, "capital outlay projects consisting of recreational, cultural, and historical facilities"; and WHEREAS, prior to consolidation, Richmond County, Georgia and the City Council of Augusta, entered into a "Special County SalE!s and Use Tax .Z\greement" dated August 15, 1995, which ider"tified certain historical and cul tural improvements to be funded by said Tax; .and WHEREAS, the Augusta-Richmond County Commission desires to contract 'tli th the above named Organization to construct the capital outlay proj ect identified herein as the Augusta Mini 1 , Theatre Inc. Project (hereinafter referred to as "Project"), which was a part of the C~pital Improvement Plan approved by the Board ot Commi.ssioners oJ Richmond County and/or the historical and cultural improvements referenced in the above described "Special County Sales and Use Tax Agreement"; NOW, THEREFORE, for and in consideration of the mutual '''ii'f covenants and agreement between the parties, it is agreed as follows: 1. The County agrees to appropriate the following sums to the Organiza~ion for the purpose of constructing the Project, to-wit: $450,000.00 for the calendar year 1998 (this money is in addition to $400,000.00 previously approved under contract dated January 21, 1997) 2. The Organization agrees to use such funds as may be paid to it pursuant to this Agreement solely and exclusively for the construction of the above described Project, which Project, including the Proj,ect Budget, is more specifically described on Exhibit A attached hereto and incorporated herein~ 3. The Organization warrants and represents that the estimated maximum cost of the Project as set forth in "Exhibit A" is accurate in the best judgment of the Organization. The Organization shall not use any portion of distributions received from the County for. any. expense other than for capi tal costs associated with construction of the proj ect. The Organi za tion 2 " .. shall keep any funds recei~ed from the County in a separate account rrom other funds of the Organization and Shall not comingle the County distributions with o~her funds of the Organization prlor to their expenditure. The O~ganization shall maintain a record of each and every expense ror which the proceeds or the Tax are used. The Organization shall submit to the County monthly accounting for all funds received rrom the County, the amounts expended on the Project during the term or this contract, including any amount expended on such Project in the then current year, and the estimated percentage of completion or said Project. 4. The County, including any audi tors employed by Richmond County, shall have the right to veriry and test the expendi tures of the Organization ror the proj ect sufficient to determine that the monies are being spent for the Project, and in accordance with Georgia law regarding expenditures of Special Purpose Local Option Sales Tax monies. Official representa~ives of the County may, at reasonable times and upon reasonable notice to the Organization, inspect the official records of the Organization relating to this Project. The County shall also have the right to ins'pect the proj ect at any reasonable time for any purpose. related to the performance of any contract awarded, or to be bid upon, or to be awarded, by the Organization for this Project. 5., The County's financial obligation to the 3 ... Organization or to fund toe construction or said Project shall not exceea the amount set forth in this Agreement. b. Each of the oarties hereto warrants ~nd represents to ....'1""\0 L,.~ other chan it will comply with all the requirements of the laws of the State of Georgia, the provisions of this Agreement, and will take such other actions as may be necessary to insure that the validity bf the collection and expenditure of the Special County 1% Sales Use Tax shall be maintained throughout the period of this Agreement and the period that the tax is to be imposed. 7. Yhe Organization shall comply with the purchasing policies of Augusta regarding advertising for bids, securing bid, payment, and performance bonds, and contracting. Payments to the contractor employed by the Organization shall be made directly by the County, after having received certification from the -~-fr.~ Organization and approval of the pay request up to the maximum amount funded to the Organization by the County. I f the total project cost exceeds the amount funded by the County the Organization shall provide proof of other funding sources. All other payments to the Organization shall be made only upon presentation of verified invoices~ 8. The Organization will maintain the following lnsurance during the performance of the Contract: A. Comprehensive General Liability Insurance in force 4 '. ...t..:;. ~,'t'~" at all eimes, including Products/Completed Operations; and Automobile Liability Insurance in the co~bined single limits of $1,000,000. The coverage is intended to apply as prlmary and is not a f fecceci DV any ins urance ItJhich ehe certi fica te holder may carry in its own name. The Organization shall maintain Worker's Compensation and Employer's Liabilicy Insurance for the benefit of its workers. The above requirements shall also extend to the Organization's, contractors and sub-contractors engaged in the Pro:i ect. B. Prior to the commencement of work, the Organization will provide the Augusta-Richmond County Commission with a certificate of insurance evidencing the above coverage and as well as ~3howing the Augusta-Richmond County Commission as "additional insured". 9. All contracts between the Organization and the contractor to construct the proj ect shall be submitted to the CouDty for approval, and shall contain a provision that the contract. shall not be valid and binding upon the Organization until approved by the Augusta-Richmond County Commission. 10. This Agreement constitutes the entire agreement between the parties as to the matters described herein and may not be amended except by an instrument in writing signed by the duly authorized officers of each of the parties hereto. 5 '. IN WITNESS WHEREOF, the County and Organization have caused these presents to be executed by their respective duly authorized officials, the day and year first above written. !.\- '-\,.;' ORGANIZATION: T/liC c...,,~..;;j If'll1lW1d1ll ~ ;:~'1r Augusta Mini Theatre, Inc. BY~Z:iJ:'jff^ -' ( , As if..~' 6 '7 n. Augusta Mini Theatre, Inc. 1 % Sales Tax Project Cost Estimated 1. Site :1. .;.'i-'. b. Acquisition Legal Fees (at 10%) Environmental Study I:. Site Development $190,000 1,900 7,300 :1. P~rking (150 Cars) Land Scaping Berns ~.~ b. I;. ill. Construction (75.75 a sqnare foot) '.- IV. V. :1. b. Main fJOf\r Lobby and Restrooms Concession Dressing Room Scenery Storage and Shop Costume Storage Seats (250) VI. Sound $ 199;200 $ 60,200 $ 416,625 $ 25,000 $ ~4,000 $ 11,000 $ 50,530 $ 63,445 $ 850,000 5,500 sCluare feet building (theater) with 250 seats; masonry steel construction and 150 parking: spaces. 4:. d. f!. f. Stage Equipment n. Curtains (1600 square feet at $!5 a square foot) n. (Amplifier/Speaker System) vIi. AlE Fee VIII. Contingency (8.28%) Grand Total: Brief Description \ '" {' STATE OF GEORGIA RIcm10ND COUNTY AGREEMENT THIS AGREEMENT made and entered this 1 day of :J;i...L( , 1998,. between Augusta, Georgia, acting by and through the Augusta- ~, Richmond County Commission, a political subdivision of th_e Sta'te of Georqia (hereinafter referred to as Augusta), and Augusta Mini Theatre Inc. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, a Special County 1% Sales and Use Tax was approved by the qualified voters of Richmond County in a referendum held on September 19, 1995, effective January 1, 1996; and WHEREAS, the Board of Commissioners of Richmond County approved a Resolution providing that the proceeds of the tax would be used to include, inter alia, "capital outlay projects consisting of recreational, cultural, and historical facilities"; and WHEREAS, prior to consolidation, Richmond County, Georgia and the Ci ty_ Council of Augusta, entered into a "Special County Sales and Use Tax Agreement" dated August 15, 1995, which identified. certain historical and cultural improvements to be funded by said Tax; and WHEREAS, the Augusta-Richmond County Commission desires to contract with the above named Organization to. construct the capi tal outlay proj ect identified herein as the Augusta Mini 1 '" .-.;; " Theatre Inc. Proj'ect (hereinafter referred" to as "proj ect"), which was a part of the Capital Improvement Plan approved by the Board of Commissioners of Richmond County and/or the historical and cultural improvements referenced in the above described "Special County Sales and Use Tax Agreeme;nt"; NOW, THEREFORE, for and in consideration of the mutual covenants and agreement between the parties, it is agreed as follows: 1. The County agrees to appropriate the following sums '."t-' to the' Organization for the purpose of constructing the Proje<;::t, to-wit: $450,000.00 for the calendar year 1998 (this money is in addition to $400,000.00 previously approv.ed under contract da'ted January 21, 1997) - . ~#~-~. 2. The Organization agrees to use such funds as may be paid to it pursuant to this Agreement solely and exclusively for -the construction of the above described Project, which Project, including' the Project Budget, is more specifically described on Exhibit A attached hereto and incorporated herein. .... '.... .,.--~ _10. 3 . The Organization warrants and represents that the estimated maximum cost of the Project as set forth in "Exhibit A" is accurate in the best judgment of the Organization. The Organization shall not use any portion of distributions received from the County for any expense other than for capital costs associated with construction of the Proj ect. The Organization 2 " ~ . ""I.\.' 'SI1't~.1 keep any funds received from the County in a sepi:Hate account from other funds of the Organization and shall not comingle the County distributions with other funds of the Organization prior to their expenditure. . The Organization shall maintain a record of each and every.axpen~e:fof-which the proceeds of the Tax are used. The Organization~hall submit to the County monthly accounting for all funds received from the County, the amounts expended on the Project during the term of this contract, including any amount expended on such Project '~ri the then current year, and the estimated percentage of completion of said Project. 4. The County, including any auditors employed by Richmond County, shall have the right to verify and test the expendi tur'es of the Organization for the Project sufficient to determine that the 'monies are being spent fo~ the Project, and in acco2:'dance with Georgia law regarding expenditures of Special Purpose Local Option Sales Tax monies. Official representatives of the County may, at reasonable times and upon reasonable notice to .the Organization, inspect ,the ?ffic;;tal, records of the Organization relating to this Project. The County shall also have the right to inspect the Project at any'reasonable time for any.purpose related to the performance of .any contract awarded, or to be bid upon, or to be awarded, by the Organizatioh for this Project. 5. The County's financial obligation to the 3 -; ;- Organization or to fund the construction of said Project shall not exc~ed the amount set forth in this Agreement. 6. Each of the parties hereto warrants and represents ~o the other than it will comply with all the requirements of the laws of the State of Georgia, the provisions of this Agreement, and will take such other actions as may be necessary to insure that the validity.of the.collectiott'~nd expenditure of the Special County 1t. Sales Use Tax shall be maintained throughout the period of this Agreement and the per~od that the tax is to be imposed. 7. The Org~nization shall comply with the purchasing policies of Augusta regarding advertising for bids, securing bid, payment, and performance bonds, and contracting. Payments to th~ contractor employed by the Organization shall be made directly by the County, after having received certification from the Organization and approval of the pay request up to the maximum amount funded to the Organization by the County. If the total project cost exceeds the amount funded by the County the Organizati,on_..shall provide proof of other funding sourCeS.. All other payments to the Organization shall be made only upon presentat"ion of verified invoices. 8 . The Organization will maintain the following insurance during the perfo.rmance of the Contract: A. Comprehensive General Liability Insurance in force 4 ~ ~ a't all t ime~$ , including .. \ Products/Completed. Operations, a'nd Automobile Liability Insurance ln the combined single limits of $1,000,000. The coverage is intended to apply as primary and is not affected by any insurance which the certificate holder may carry in its own name. The Organization shall maintain Worker's Compe-nsation and Employer's Liability Insurance for the benefit of its workers. The ,abov;e .requlrements ~'fYa:'i"" also extend to the Organ~zation's contractors, and sub-contractors engaged in the Proj ect,. B. - Prior to the commencement of work, the Organization will provide the Augusta-Richmond County Commission with a .cerJificate of insurance evidencing the above coverage and as well as sh0wingthe Augusta-Richmond County Commission as "additional insured". . "t.. , .~~i;. 9. All contracts between the Organization and the contractor to construct the proj ect shall be submitted to the County for approval, and shall contain a provision that the contract shall not be valid ~nd-pinding upon the,Organizaticin until approved by the Augusta-Richmond County Commission. 10. This Agreement. constitutes the entire agreement between the parties as to the matters described herein and may not be amended except by an insti~ment i~ writing signed by the duly au~horized officers of each of the parties hereto. 5 '. -t' IN ~nTNESS ~'1HE?::OF, che County and Organi za tion have caused these presents tc, be executed by their respective duly authorized officials, the day and year first above wri tt:"e'h. ~-;.. :{jjn~ . 111II documtt!ll/lllmW u to I s fieieney .mllorm. ORGANIZATION: . - 1.# i omey Dale ....'-L:~ ... Augusta Mini Theatre, Inc.. 8Y:~~ q, ~ As 'i ts ?re..;' Q,A,1 ""-"'- . '':'-~ff 6 -:. , Augusta Mini Theatre, Inc. 1 % Sales Tax Project Cost Estimated L Site $ 199,200 .$190,000 1,900 7,300 .;t.~:,~ a. b. . c. Acquisition Legal Fees (at 10%) Environ,~ent~1 Study ,it II. Site Development $ 60,200 a.Parking (ISO' Cars) b. Land Scaping c. . Berns III. Construction (75.75 a square foot) $ 416,625 a. l\'Iain Floor b. Lobby and Restrooms c. Concession d. Dressing Room . e. . Scenery Storage and Shop f. Costume Storage IV.. Seats (250) $ 25,000 V. Stage Equipment $ 24,000 a. Curtains (1600 square feet at $!5 a square foot) VI. . Sound $ ,11,000 a. (Amplifier/Speaker System) $ 50,530 ~~~., VII. AlE Fee VIII. Contingency, (8.28%) . $ 63,445 Grand Total: $ 850,000 Brief Description 5,500 square feet building (theater) with 250 seats, masonry steel construction and 150 parking spaces.