HomeMy WebLinkAboutAUGUSTA MINI THEATRE PROJECT SLOST V
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STATE OF GEORGIA , )
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RICHMOND COUNTY )
SPLOST V CONTRACTOR AGREEMENT
FOR NEW FACILITIES FOR THE AUGUSTA MINI THEATRE PROJECT
This AGREEMENT made and entered into this L5...Lday of M ~,2007, between
Augusta, Georgia, acting by and through the Augusta-Richmond County Commission, a political
subdivision of the State of Georgia (hereinafter referred to as "Augusta" or "County"), and the
Augusta Mini Theatre Inc., (hereinafter referred to as the "Organization" or "The Augusta Mini
Theatre");
WITNESSETH:
WHEREAS, the voters of Augusta, Georgia, on November 8, 2005, approved the
imposition of the Special Purpose County One Percent Sales and Use Tax ("SPLOST V"),
effective April 1, 2006, and designated the use of the proceeds of said tax for certain capital
outlay projects, as defined on O.C.G.A. 48-8-111(a), and further approved a project priority
payment order in an Intergovernmental Agreement entered into by and between Augusta,
Georgia, and the municipalities of Hephzibah and Blythe;
WHEREAS, the Augusta-Richmond County Commission approved SPLOST funding
request guidelines for outside agencies on June 6, 2006;
WHEREAS, the Augusta-Richmond County Commission desires to contract with the
above named Organization to construct the capital outlay project identified herein as the Augusta
Mini Theatre Project (hereinafter referred to as "Project"), which was a part of the approved
capital outlay projects for recreational, historical and cultural improvements, referenced in the
above-described Intergovernmental Agreement;
WHEREAS the proceeds of said tax in the amount of $500,000.00 are now available for
use by The Augusta Mini Theatre, Inc., according to the disbursement schedule adopted in said
Intergovernmental Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
between the parties, it is agreed as follows:
SECTION 1- APPROPRIATION AND USE OF FUNDS
1.1 The County agrees to appropriate the following sums to the Organization for the purpose
of constructing the Project: $500,000, payable in the following installments:
First Installment June 1,2007 (dates)
( dates)
(dates)
1.2. The Organization agrees to use such funds that it may receIve, pursuant to this
Agreement, solely and exclusively for the construction of the above described Project; said
Project, including the Project Budget, is more specifically described at "Exhibit A," attached
hereto and incorporated herein.
1.3 Said disbursement to The Augusta Mini Theatre, Inc. is an authorized use of said
proceeds, under O.C.G.A. Section 48-8-111(E), as said use benefits a "cultural, recreational, or
historical facility or a combination of such purposes;" and this Agreement is entered into on
behalf of Augusta, Georgia and The Augusta Mini Theatre, Inc., a Georgia not for profit
corporation, to recognize and acknowledge that Augusta has fully funded its SPLOST V project
obligation to Organization by payment of $500,000 in full made at the time this contract is
entered into or by funds held by Augusta and encumbered for installment payment.
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SECTION 2 - RESPONSIBILITIES AND OBLIGATIONS OF ORGANIZATION
2.1 In consideration of the disbursement of said funds, The Augusta Mini Theatre, Inc. shall
observe all conditions that the law and/or this Agreement impose on the use of said funds, which
shall include, but not be limited to, the following:
2.2 The Augusta Mini Theatre, Inc. shall use said proceeds in connection with a capital
outlay project known as Mini Theatre New Facilities Project at 2546 Deans Bridge Road,
Augusta, Georgia. Said real estate and improvements are more particularly described at Exhibit
A-I, which is attached hereto and made a part hereof.
2.3 The Augusta Mini Theatre, Inc., covenants not to use said momes as part of its
maintenance and operation budget.
2.4 The Augusta Mini Theatre, Inc. will set up any and all banking accounts necessary or
convenient to segregate the account containing said SPLOST money from its other accounts. The
Augusta Mini Theatre, Inc. shall make quarterly reports of expenditures regarding this project
commencing with the end of the second quarter of 2007 to wit: June 30, 2007 and quarterly
thereafter until the end of the quarter in which the project is deemed completed as determined by
the Augusta Finance Department. The initial report is due ten (10) business days next following
the end of each said quarter. Said reports shall be delivered to Augusta Finance Department,
Municipal Building, Augusta, Georgia 30911 to the attention of Ms. Donna Williams, Interim
Finance Director for Augusta, Georgia, or her designee, Mr. Tim Schroer, the accountant for the
SPLOST program.
2.5 The Organization shall keep any funds that it receives from the County in a separate
account and fund and shall not commingle the County distributions with other funds of the
Organization prior to their expenditure. The Organization shall maintain a record of each and
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every expense, in compliance with the generally accepted accounting principles, for which the
proceeds of the tax are used. The Organization shall submit quarterly accounting reports to the
County for all funds that the Organization receives from the County. Said accounting reports
shall set forth the amounts expended on the Project during the term of this contract, which shall
include any amount expended on such Project in that current year, and the estimated percentage
of said Project's completion. (See Exhibit A).
2.6 The Augusta Mini Theatre, Inc. accepts the following conditions for disbursement of said
funds:
A. The Organization must allow said facility to be used by the public for both the
staging of events and attendance. This section shall not preclude the Organization from charging
reasonable and ordinary fees for any event held at said facility.
B. Prior to receipt of said monies, the Organization shall furnish Augusta with a
budget, scope of work and the projected time for completion of the work of said improvements,
for which purpose the money is appropriated (See Exhibit A) which is accepted by the County.
2.7 The Organization shall comply with the purchasing policies of Augusta-Richmond
County regarding the advertising for bids, the securing of bids, and payment, performance bonds,
and contracting. Payments to any sub-contractor employed by the Organization shall be made
directly by the Organization, subject to County's audit and approval. If the total project costs
exceed the amount funded by the County, the Organization shall provide proof of other funding
sources. Payments by the Organization to sub-contractors shall be made only upon presentation
of verified invoices.
2.8 The Organization will maintain the following insurance during the performance of the
Contract:
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A. Comprehensive General Liability Insurance shall be maintained in force at all times and
shall include the following coverages: Products/Completed Operations and Automobile Liability
Insurance in the combined single limits of $1,000,000. This coverage shall be intended to apply
as primary and shall not be affected by any insurance that the certificate holder may carry in its
own name. The Organization shall maintain Worker's Compensation and Employer's Liability
Insurance for the benefit of its workers. The above requirements shall also apply to the
Organization's contractors and sub-contractors who are engaged in the Project.
B. Prior to the commencement of work, the Organization will provide the Augusta-
Richmond County Commission with a certificate of insurance, which evidences the above
coverage and shows the Augusta-Richmond County Commission as an "additional insured."
SECTION 3 - RESPONSIBILITIES AND OBLIGATIONS OF THE COUNTY
3.1 Augusta enters this contract to improve the quality of life of its citizens and to provide its
citizens with additional facilities for delivery of recreational services than it could if it were to
construct and operate similar facilities without the participation of the Organization. Augusta
shall have the right, by and to this contract, for not less than 50 years of public use and
availability of the facility that is the subject of this contract.
3.2 The County and any auditors employed by Augusta shall have the right to verify and
audit the expenditures of the Organization and the Project, sufficient to determine that the
monies are being appropriately spent for the Project, in accordance with Georgia laws that
govern the expenditures of Special Purpose Local Option Sales Tax monies. Official
representatives of the County may inspect the official records of the Organization, which relate
to this project, at reasonable times and upon reasonable notice to the Organization. The County
shall also have the right to inspect the Project at any reasonable time for any purpose related to
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the performance of any contract awarded, or to be bid upon or awarded, by the Organization for
this Project.
SECTION 4 - OBLIGATIONS OF THE ORGANIZATION AND COUNTY
4.1 Each of the parties hereto warrants and represents to the other that it will comply with all
the requirements of the laws of the State of Georgia.
4.2 After approval of this contract, all contracts between the Organization and any sub-
contractor shall be submitted to the County Administrator for administrative review. If any
irregularity or illegality appears, the Administrator may submit any such questions to the
Augusta-Richmond County Commission.
4.3 This Agreement constitutes the entire agreement between the parties as to the matters
described herein and may not be amended except by a written instrument, signed by each party's
duly authorized officers.
4.4 Breach of contract with respect to any of the terms of this Agreement, or with respect to
the use of funds, shall terminate the County's obligations under this Agreement; shall terminate
the County's obligation for the payment of any future funds; and shall entitle the Parties to all
remedies provided by law.
IN WITNESS WHEREOF, the County and Organization have caused these presents to be
executed by their respective, duly authorized officials, on the date entered above.
~ AUGUAST1J~CHMOND COUNTY COMMISSION
. ~y: ~J,d.~
Mayor
SEAL
ATI~ :fa
By: 11l~ 2JfJ1/j/
erk of co~o
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ORGANIZATION:
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As ItSc ~irn-1a.n
ATTEST:
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F:\Users\SShepard\STEVE\CITY\Mini theater SPLOST agreement.DOC
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EXHIBIT" A"
CONTRACTOR: The Augusta Mini Theatre, Inc.
PROJECT NAME: New Facilities for Augusta Mini Theatre, Inc.
DESCRIPTION OF PROJECT/SCOPE OF WORK: Construction of Theatre and related arts
school buildings on property owned by Augusta Mini Theatre, Inc.
PROJECTED TIME OF CONSTRUCTION: Design completed; construction to commence on
or about June 1,2007.
PROJECTED BUDGET: See attached submission from Tyrone J. Butler
FINANCIAL ANALYSIS:
Project cost $2,400,000
TOTAL: $2,400,000
TOTAL
$1,200,000
$ 500,000
$ 700,000
$2,400,000
Available Revenues in Hand
Appropriation from SPLOST V
Unfunded balance
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430 8th Street ~ Augusta, Georgia 30901-2249 ~ (706) 722-0598 ~ Fax (706) 722-3968
www.augustaminitheatre.org
Community
Arts
School
Subject: Construction Budget
(Arts School - Phase I)
TYRONE J. B11I'LERiFomroER (1975)
BOARD MEMBERS
~ Bid Results --------- $2,237,781 (Continental Construction)
Harold E. Petteway, Jr.
Board Chairman
Contingency ------------
112,000
20,000
22,000
Tyrone J. Butler
F ounderlExecutive Director
Concrete! Asphalt Testing --
Attorney Katherine Bond
VIce President/LegaI Advisor
Architectural Fees -----------
Total -----------------------$2,391,781
, 'Vonna W. Delley
'--'torporare Secretary/Building
& Maintenance Chairperson
Adrena Clegg
504 Regulations Chairperson
(Rounded off to: $2,400,000)
Augusta Mini Theatre Funds - $1,800,000
Rev. Melvin Lowery
Church Relations Chairperson
Difference ---------------------- $ 600,000
Request Amount ----------- $ 700,000
Susan H. Johnston
Artistic Chairperson
Kathy King.
Recording Secretary
Submitted by Tyrone J. Butler
Betty Harris
Parent, Teacher. Student
VoLunteer Organization
(PTSVO) President
~~R~
~-7- 07
Date
Kigwana Cherry
Student Body Representative
Sanrord Loyd, CPA
Finance Advisor (Non- Voting)
'J7dl(/__H ~ &"~14d' ~gJ;# ~ ~ ~ H
EXHIBIT "A-I"
LOCATION/LEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS LOCATED:
See attached.
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STATE OF GEORGIA
RICHMOND COUNTY
WARRANTY DEED
1'hi" INDE!\"TUR1;. M~ this ill d.;y of Dcoembcr in Ibe Yc~r of Our Lmd T\lI'o
11""""od Two bcl".c~o l1TE McKINNEY CORPORATION, of dM; Stale of New Yllrt and
e"""I1' oj New Vmk of the (1"'1 part, "mI THE AUGlISTA MINI 111 KATER, INC.. of tbc
Slale of Genrgia anu COUIII)' of Ridu:llond of Ihe !lI)cur,d pilll,
WITNESSl::ni, Thnllhe said pilny or t!lC !1rsl part, fo: and ill CQnsicter"'i<JO of Ihe Sum of
Ten DqliJlrn, in hosl14 Pilid, al atX! before the sill"'ng and dliHvery of these pre.elllS, the toceipl of
wl,N;h is bcrtby ~Lbo"'loo,[l,ed. 11"'1 grallk4l.b:'t'1lilined. ~tl aud convey. xl, "nd by' Ih<;se J'r.""IJt:&
doc~ gnU'll. bargain. seU lllId CQrrvcy I2filO 1M ~jd party of lbe !l<'rolld part, its adrni"islT1l(Ul5.
SI",",e5Wf1!i alldior assigns. all Il...t tract or (""COO of land li'ing alli:l being in Rldunood ('.Qunly
(korgw. 10-",'11:
All uml trllCI or parOO of land, lying wd being located i" 100 8g'. Goorjlia lI-filitla
District. Cily of Augusta, Ricl1rOOrtd Ll:lllnl}', Stale 01 (;""'lgia ~lll$ II!Q.CQ fully
SOlJl''ll artd designated ;t$lt 10.96 acre trlta as ;&bOWl! OIl a Plat fut the M.;lClnoll)'
Corpor.atl<l<1 by Cranston, ROOeIt!OIl & WbitelUIrsL, p,c. d$led November 8, 2002,
whkh b ~rded inlb" Office of tile ClQrk of tll!! Suvmor Court or Ri.;broooo
OJl1nty, Georgia, ill R"'Itly Red 824, Puge 1130 iUld ill Pial Cab,...t
SlId,,_ PI.1.I_ and bavillg the fOll<!Wing metes "'00 boond 10 wit:
Commem::iog at lhlS ;nIQ=tJOl! uf lhe WUUl1li'e$lCIl)' rigllt of way line of Oe~m;
Bridge R.(t,;d (US. llighway No, I) and the southem right.{lf.my IiM of (:!terry
~; ThcDL'e a[()Jlg lhe !iOOlh~qem rWrMf.WilY line of Pe.ms Bridge Roml
93)_23 looll<>. liS .rebllt fo<m<l hewS 1bc I'uint otBcll.tlll1ing.
TheJloc. 'luming and leaving said riglll-()f~W&~. line with pmpel1)' oJ It<lw ')0
formerly H"l<;h<;r Soulh S7'JO'02' F.ilsl a dist.,:!C" of 662,82 [""tlo a #5 "'0'" ~(:1:
u~""". turning and TIIlming along I'H)potrly of l!be ItkKilmey COrpl111l1ion $(","h
2'9" 55' 46" We'l a diSL:lncc oi 631.79 feel 10 ~ I/S Tebur se1; UI"U"". Imnulg ,,,>:l
runnil1~ ;,1(>111: property nf Booiw. W, CUlonl..!lll ,","Tlh 5S' 17' 43" Wesl a disL.nce
ot li'S9.2'j fect to a g5 robar $(,1 on the s(!l1l1,we..eriy. n.g]u-"f.WilY Hoe o! Deans
Biictl,\ll Ro",! (U.s. lIighway N,). !); tbence, lurning .wd rtmni"l& aJong sail! righl-
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too'le" cou1in'tlTlli: aloll.g ",.id .iBhl-.~f-wl\). Ii"" NOI1:h 50" Z1' 47' l".as1 a dist.net'
oJ 21 LOg le.,1 In the Point "r lkgtlininll, t:onlail''''lt lO,% Bcre"..
The imP'f'W<mems on ~;lid tIliCt Is known UI1&r tile ptC5clll S)'.~lelll of !lUmbeTing
in the City lit Aug\ISla ,*" ~46 \)!,1I"-, Bridg<; Road,
1'0 lil, VB AND TO HOLl) Ilte said Inct (IT pared <.>f lalld. 11.';11, "U nnd sJng"lQI t.~e
righlS. rl>emhef1i 300 "Wtlrtfllan= Ih~lfOf. to Ihe same being, belongiog, 01 ill nnp....lse
appertaining. to the {'Illy proper "5e, beooflt nod bol1<X>f or Ihe said party Dr ltlf SCo;.lOd part. II,.
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AND THE SAID part}' at lbe flnt pall, tar its ildmlnlsua!ol1l. 51.1i:CCliSar.l and/or assl$tL~.
wi!! warmnt and Ww,.'ef dcf""d lbe rl,ght ltbd lillc to the above d~bcd propeny, unto tile lllud
pany of tbe $1:\0000 pari, il$ lIdmiJ:l.iMt\Uor~.SllOOCS'SOOi ~rnl/Of lIssigw" api115t the claims ()f all
pefllOtl' wtlOfltsoover.
IN Wn1'lF,SS WHEREOF, the said p;>rty of the fi151 pll!1: bas I1cfill.!nll;l ~et its llatld linld
~eilll, the day :ll1d ~,tr albow wrillen.,
Sill".d, sealed arld delivered In l-""mce el:
For: THE McKINNEY CORPORATION
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