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
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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
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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
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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
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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
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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.
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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.
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ORGANIZATION:
T/liC c...,,~..;;j If'll1lW1d1ll
~ ;:~'1r
Augusta Mini Theatre, Inc.
BY~Z:iJ:'jff^ -'
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As
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6
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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
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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
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'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
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;-
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.
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. 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
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. '':'-~ff
6
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,
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.