HomeMy WebLinkAboutCounty Board of Education of Richmond County and Augusta Georgia
Augusta Richmond GA
DOCUMENT NAME: LbtJ,vry '60.~lZ-\:) 0 {' E ~\)Cil"Tl ON Il {' (< lQ)-\"" ON b c..o 000 T Y
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DOCUMENT TYPE: A~ ~E.e m E,oV-r
YEAR: ) Otq~
BOX NUMBER: 'lp
FILE NUMBER: \ ~ 9 ~ g
NUMBER OF PAGES: \ ~
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AGREEMENT
THIS AGREEMENT is made and entered into this J!J,
day of
~~om~~, 1998, by and between the COUNTY BOARD OF EDUCATION OF
RICHMOND COUNTY, GEORGIA (the "BOE") and AUGUSTA, GEORGIA
( "Augusta") .
WHEREAS, BOE has identified a need for a physical education
gymnasium at Garrett Elementary School; and
WHEREAS, Augusta's Recreation and Parks Department has
identified a need for a gymnasium at Augusta's Eisenhower Park
located approximately 1/4 mile from Garrett Elementary School; and
WHEREAS, BOE and Augusta have determined that it would be to
the benefit of the taxpayers of Augusta for BOE and Augusta to
jointly construct and operate a shared full-size gymnasium facility
(the "Gym") on the premises of the Garrett Elementary School (the
"Premises") under the terms and conditions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Construction of Gym.
a. BOE and Augusta shall cause to be constructed a new,
full-size gymnasium facility on the Premises, which facility shall
contain the following minimum features:
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i. 10,800 square feet of ground floor space to
include:
a. regulation-size basketball floor with
goals
b. activity room
c. two (2) offices
d. restrooms (men and women)
e. concession room
f. storage room
g. bleachers with seating for 300 persons
ii. 1400 square feet of mezzanine space to include:
a. mechanical room
b. storage room
c. open deck with railing for overflow
seating
iii. Ceiling height of at least 20' throughout
iv. HVAC all space under roof
b. BOE shall be responsible for obtaining and
administering all activities relating to contracting for
construction of the Gym, including without limitation: (i)
Advertising and obtaining proposals for design and construction
from architects, engineers, contractors and other professionals as
necessary; (ii) Analyzing said proposals and awarding contracts to
the appropriate persons and/or entities (the "Construction
Contracts"); and (iii) Administering all Construction Contracts
made pursuant to this Agreement; PROVIDED, HOWEVER, that BOE shall
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obtain the prior approval of Augusta for each activity conducted
by BOE in connection with the above-referenced responsibility.
c. Construction work shall proceed with due diligence
until completed.
d. Promptly upon completion of the Gym, Augusta shall
reimburse BOE for one-half of all reasonable direct Construction
Costs (as hereinafter defined) upon receipt from BOE of a detailed
account of such costs of construction and expenses, plus costs of
architectural and engineering fees previously paid by BOE. Augusta
represents that it has budgeted $500,000 of Special Purpose Local
option Sales Tax funds for the purpose of fulfilling its
obligations under this paragraph.
For purposes of this Paragraph, the terms "costs of
construction and "Construction Costs" shall include:
i. all sums paid by BOE for labor, materials,
utili ties, equipment rental, permits and' services utilized or
provided in the construction of the Gym pursuant to above-
referenced plans and specifications; and
ii. all sums paid by BOE for architectural and
engineering services heretofore or hereafter provided in the design
of said Gym or in connection with supervision of the construction
of the same together with any and all other services reasonably
required to be provided by the architect or engineer employed by
BOE in connection with the construction of said Gym including
specifically but not exclusively the solicitation and evaluation of
bids for such construction and the obtaining of the necessary
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certificate of occupancy; and
iii. any other fees and expenses reasonably required
to be paid by BOE in connection with the completion of construction
of said Gym.
Augusta's one-half share of all said Construction Costs,
inclusive of interest and any and all contingencies, shall not
exceed $500,000.00 without the mutual written consent of the
parties hereto. In the event that BOE in good faith concludes that
the cost of construction will exceed $1,000,000.00, such that
Augusta's one-half share of said costs would exceed $500,000.00,
the parties hereto shall confer with the architect and agree upon
reasonable modifications to the plans and specifications which will
reduce the Construction Costs so as to not exceed such maximum
limit set forth herein without unreasonably restricting the ability
of the parties to construct and utilize said Gym for the purposes
intended.
2. Title to the Gvm. At the completion of construction of
the Gym, BOE shall possess fee simple title to the Gym, subject to
Augusta's reversionary rights outlined in section 9 herein.
3. Operation and Maintenance of Gvm.
a. BOE shall pay all charges for electricity, gas,
water, telephone, sewer service, sewer treatment, telephone and any
other communication or utility service used in or rendered or
supplied to the Gym throughout the term of this Agreement. All
accounts for said services shall be in the name of BOE. Augusta
agrees to reimburse BOE for one-half of said charges, under the
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arrangement set forth in subsection (f) below.
b. BOE shall be solely responsible for repairing and
maintaining both the exterior and interior premises of the Gym,
including without limitation the grounds surrounding the Gym and
the parking area for the Gym. In connection with this
responsibility, the parties agree as follows:
i. Augusta agrees to reimburse BOE for one-half of
sums expended by BOE for repair(s) referenced herein, under the
arrangement set forth in subsection (f) below.
ii. BOE shall hire one (1) full-time maintenance
worker whose sole responsibility shall be maintenance of the Gym.
The mutually agreed-upon salary for said worker, including
benefits, shall be paid by BOE. Augusta agrees to reimburse BOE
for one-half of said sum, under the arrangement set forth in
subsection (f) below.
ii. BOE shall be responsible for supplying all
necessary janitorial and maintenance supplies for the Gym to the
maintenance worker referenced above on an as-needed basis.
Augusta agrees to reimburse BOE for one-half of said charges, under
the arrangement set forth in subsection (f) below.
d. Neither party may, without the prior written consent of the
other party, make any alterations, changes or additions, structural
or otherwise, in or upon any part of the Gym. The foregoing shall
also apply to any exterior signs, notices, placement of machinery
or equipment either attached or placed outside of the Gym.
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party's
party.
e. Staff, equipment and supply costs incidental to each
use of the Gym shall be the sole responsibility of that
f. BOE shall be responsible for making all payments for
charges referred to in subsections (a) through (d) of this section
2. No later than December 31 of each year, BOE shall provide
Augusta with copies of invoices, statements and/or receipts for
said charges. Augusta shall make payment to BOE of one-half of
said charges no later than January 20 of the following year.
4. Use of the Gvm.
a. The parties hereby agree that each may use the Gym
solely for the purposes of providing physical education, recreation
or similar activities and/or programs, and for no other purpose.
b. BOE shall have primary use of the Gym during the
hours of 7:00 A.M. to 3:00 P. M. on each day on which the Garrett
School is in session, or such other hours as are scheduled for a
regular school day.
c. Augusta shall have primary use of the Gym during the
hours of 3:00 P. M. (or such other time as school may let out on a
regular school day) until closing on Monday through Friday, on all
weekends, and on any day on which the Garrett School is not in
session. Augusta, to the extent possible, agrees to schedule use
of the Gym, other than for its "After School Program," such that
Augusta's use of same shall not begin until at least fifteen (15)
minutes after regular school hours.
d. Either party shall be entitled to use the Gym at any
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time during which the other party has primary use of the Gym,
provided that said use is requested at least 24 hours in advance
and is agreed to by the party with primary use.
5. Insurance:
a. BOE shall provide, either through an independent
policy or by adding the Gym to an existing policy, and shall
maintain in effect during the term of this Agreement, policies of
insurance written by a company or companies qualified to do
business in the state of Georgia, providing insurance coverage
against fire and extended coverage to the Gym and any and all
alterations, modifications, and improvements made to the Gym, which
policies shall each be in an amount equal and sufficient to cover
the value of the Gym and any alterations, modifications and
improvements. The parties agree that said insurance coverage shall
be increased in an amount equal and sufficient to cover the value
of any additional alterations, modifications or improvements to the
Gym, in the event additional alterations, modifications or
improvements are made during the term of this Agreement.
All policies providing insurance coverage required to be
maintained by BOE hereunder shall list Augusta, Georgia, the
Augusta-Richmond County Commission, BOE and their officers, agents,
members, representatives, employees and successors as named
insureds, as their interests may appear, and shall be issued by an
insurance carrier or carriers licensed to do business in the state
of Georgia and reasonably acceptable to Augusta. All such policies
shall provide that no act or omission of BOE or its agents,
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servants, or employees shall in any way invalidate any insurance
coverage for the other named insureds. No insurance policy
providing any insurance coverage required to be provided by BOE
hereunder shall be cancelable without at least 15 days advance
wri tten notice to Augusta. All insurance policies required
hereunder, or duplicate copies thereof, shall be provided to
Augusta by BOE.
BOE shall be responsible for making all payments for premiums
for insurance referenced in this section. No later than December
31 of each year, BOE shall provide Augusta with copies of
invoices, statements and/or receipts for said premium charges.
Augusta shall make payment to BOE of one-half of said charges no
later than January 20 of the following year.
BOE shall also furnish builders risk insurance during the
period of construction, as provided in Paragraph 1 hereof, which
shall insure the contractor, BOE and Augusta, as their interests
may appear. No later than December 31 of each year, BOE shall
provide Augusta with copies of invoices, statements and/or receipts
for the premium for said builders risk insurance, and Augusta shall
make payment to BOE of one-half of said charges no later than
January 20 of the following year.
The f ire and extended coverage insurance (other than the
builder's risk insurance) shall be in an amount not less than the
construction costs incurred pursuant to Paragraph 1 hereof.
If the Gym shall be damaged or destroyed by fire or other
casualty, the same shall be repaired or replaced utilizing the
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proceeds of the insurance coverage required to be maintained by BOE
under the terms of this Agreement. In the event BOE and Augusta
mutually determine that it is not feasible to repair or replace the
Gym, Augusta shall have the right to terminate this Agreement, and,
upon submission by BOE of invoices, statements and/or receipts for
any outstanding charges toward which Augusta is required to
contribute under this Agreement, Augusta shall provide payment for
such charges to BOE within 30 days of receipt of such invoices,
statements and/or receipts.
Nothing herein shall be construed as requiring BOE to purchase
general liability insurance, and the parties agree, should BOE
purchase liability insurance, it is not waiving it sovereign
immunity, or other immunity which it or its officials and employees
may have, and nothing herein shall be construed as a waiver of such
immunity.
6. Assignments. Neither party shall, without the prior
written consent of the other, assign this Agreement or any interest
or obligation thereunder, sublet the Gym or any part thereof or
permit the use of the Gym by any other party. Any consent to one
assignment or sublease shall not destroy or waive this provision,
and all later assignments and subleases shall likewise be made only
upon prior written consent of the other party as required herein.
Subtenants or assignees of one party shall become liable directly
to the other party for all obligations of the subletting or
assigning party, without relieving the liability of the subletting
or assigning party.
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7.
Default.
It is understood between the parties hereto
that in the event of default by either of the parties during the
term of this Agreement, the other party shall have the right
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forthwith to give notice 'thereof to the party in default, same to
be in writing, and if such condition of default is not removed and
restored within ten (10) days after receipt of such notice, then
the other party shall forthwith have the option of declaring this
Agreement in default and proceeding to enforce their rights in
accordance with the law.
8.
Ouiet Eniovment. Inqress and Eqress.
Each party
covenants and warrants to the other that, so long as all duties and
obligations herein agreed to be performed by that other party are
being so performed, that other party shall peaceably and quietly
have, hold and occupy and use Gym during their period of primary
use, or during a period of agreed-upon use.
9. Term: Termination.
This Agreement shall be for a term of fifty (50) years
unless earlier terminated as provided herein.
In the event this
Agreement is terminated by BOE, BOE hereby agrees to purchase
Augusta's interest in the Gym by paying to Augusta an amount equal
to one-half of the fair market value of the Gym property as of the
effective date of termination by BOE. In the event this Agreement
is terminated by Augusta, BOE shall have the option of purchasing
Augusta's interest for an amount equal to one-half of the then fair
market value of the Gym and the property on which it is located, or
conveying to Augusta a reversionary interest consisting of a one-
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half undivided interest in the Gym and the property on which it is
located.
The terms and conditions of this reversionary interest
are that the Gym is to be used exclusively as an education and
recreational gymnasium as provided herein.
Should such use be
discontinued at any time following such termination, then such
discontinuance of use shall result in Augusta's owning a one-half,
or 50%, undivided interest in the Gym and the property on which it
is located.
10. Miscellaneous.
a. Notices. All notices, demands, and requests which
mayor are required to be given by either party to the other shall
be in writing and shall be deemed to have been properly given when
sent postage pre-paid by registered or certified mail (with return
receipt requested) addressed as follows:
If intended for BOE:
Dr. Charles Larke, Superintendent
2083 Heckle Street
Augusta, Georgia 30904
If intended for Augusta:
Charles R. Oliver, Administrator
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
Either party may change the address and name of addressee to which
subsequent notices are to be sent by notice to the other given as
aforesaid.
b. Covenants Bind and Benefit Successors and Assigns.
The provisions of this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors
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and permitted assigns; provided, however, that no one shall have
any benefit or acquire any rights under this Agreement pursuant to
any conveyance, transfer, or assignment in violation of any of its
provisions.
c. Governing Law. This Agreement shall be governed by
and construed according to the laws of the state of Georgia.
d.
Entire Agreement.
This Agreement contains the
entire agreement of the parties,
and no representations,
inducements, promises or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. No
failure of either party to exercise any power given it hereunder,
or to insist upon strict compliance by either party of any
obligations hereunder, and no custom or practice of the parties at
variance with the terms hereof shall constitute a waiver of either
party's right to demand exact compliance with the terms hereof.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
AUGUSTA,
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By:
Attest:~~
As I s Clerk
Attest:
COUNTY BOARD OF EDUCATION
:::RIC~UNT~
Its Chairman
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As Its ere ary
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