HomeMy WebLinkAboutEast Central Georgia Regional Library (2)
Augusta Richmond GA
DOCUMENT NAME: .Arj" f:':fYYYCf\ \--
DOCUMENT TYPE: A5,,-eernen-\-
YEAR: 1-00'2->
BOX NUMBER: 1.0
FILE NUMBER: ',0 ~ ~
NUMBER OF PAGES: \ \
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AGREEMENT
THIS AGREEMENT is made and entered into Il>i~ day of ~!III6f
2002, by and between the EAST CENTRAL GEORGIA REGIONAL LIBRARY, a duly
organized political subdivision existing under t!he laws of the State of Georgia. pursuant to
a.c.G.A. S 20-5-40 (hereinafter "Library"), and AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia (hereinafter "Augusta").
WHEREAS, Augusta's Recreation and Parks Department has identified a need
for a recreation center to be located at Augusta's Diamond Lakes property; and
WHEREAS, the Augusta RicIDnond County Library Board of Trustees at its
January 22, 2001 meeting voted to "use Diamond Lakes property as the location for the Augusta
South Branch in partnership with the Recreation Department as a combined facility"; and
WHEREAS, Library and Augusta have determined that it would be to the benefit
of the taxpayers of Augusta for the Library and Augusta to jointly construct and operate a shared
library/reCreation center at Diamond Lakes (hereinafter "Joint Facility") under the teans and
conditions of this Agreement; and
WHEREAS, representatives of the Library have met with the engineering and
architectural firms previously selected by Augusta's Recreation Department for work at
Diamond Lakes and found them satisfactory; and
WHEREAS, it is necessary for the Library and Augusta in order to finance,
construct, and operate a Joint Facility, to define the limits and responsibilities of the parties as it
relates to financing, construction and operation;
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NOW, THEREFORE, for and in consideration of the mutual promises and
r covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Fundjn~ of Joint Facility. The Special Purpose Local Option Sales Tax
(SPLOST), Phase IV monies, approved by referendum in September 2000 and allotted by the
Augusta-Richmond County Commission and Phase III SPLOST monies that are to be available
to the two parties for construction of the Joint Facility are as follows:
YEAR
LIBRARY
RECREA TION
2001
$ 700,000 $ 30,000
(Carry Over for Phase III)
2002
$1,625,000 $ 97,000
$3,492,000
2003
TOTAL
$2,325,000
$3,6] 9,000
2. Representatives. The Director of the Library and the Director of
Recreation and Parks shall each designate a representative to act, or act themselves, on behalf of
the parties during all phases of planning and construction of the project. Each party shall be
included in all negotiations and planning of the project.
3. Site Selection. The site selected and any and all architectural plans and
related costs must be approved by both parties.
4. CQ.nstruction Costs.
(a) "Cost of Construction" and "Construction Costs" shall include:
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(i) All sums paid for labor, materials, utilities, equipment rental, pennits and
services utilized or provided in the construction of the Joint Facility pursuant to this Agree1!1ent;
and
(ii) All sums paid for architectural and engineering services heretofore or
hereafter provided in tQe design of said Joint Facility and 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 Augusta in connection with the construction
of said Joint Facility, including specifically but not exclusively, the solicitation and evaluation of
bids for such construction and the obtainin'g of the necessary certificate of occupancy; and
(Hi) Any other fees and expenses reasonably required to be paid by Augusta in
connection with the completion of construction of said Joint Facility.
(b) In the event that the Costs of Construction exceed the sum set forth in
paragraph 1 above, 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 for the Library and Augusta, respectively,
without unreasonably restricting the ability of the parties to construct and utilize said Joint
Facility for the purposes intended.
(c) Construction work shall proceed with due diligence until completed.
5. Construction Cost Allocation. Construction Costs shall be borne by each
entity as detennined by the architect from information submitted by the contractor, and agreed
upon by each party's representative, as follows:
Architectural and Engineel"ing
Fees To be shared proportionate to the
dedicated building space of each
party.
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.,
Dedicated bUilding space:
Square footage costs of each party.
Mechanical systems:
Percentage and cost for each
party .
Common (jointly used) building space:
To be shared on a 50/50 basis by
each party.
Site work:
To be shared proportionate to the
dedicated bUilding space of each'
party .
Common Exterior Signage:
To be shared on a 50/50 basis.
Any other shared cost not outlined above may be agreed upon as needed.
6.. Payment. As Library monies are available for expenditure eaJ:'Jier than the
majority of Recreation Department monies, it is anticipated that a greater proportion of the
earlier joint costs, including architectural and engineering costs, will come out of Library
monies. To balance this, a correspondingly larger proportion of the actual construction cost wiJl
con~e from Recreation Department monies, so that when the project is complete, final cost borne
will reflect the division set forth in paragraph 5 above.
7, ,Contract Administration. Augusta shall be responsible for obtaining and
administering all activities relating to contracting for construction of the Joint Facility, including
without limitation:
(i) 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
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(iii) Administering all Construction Contracts made pursuant to this
Agreement;
PROVIDED, HOWEVER, that Augusta shaH obtain the prior approval of Library for each
activity conducted by Augusta in connection with the above-referenced responsibilities.
8. Title to the Joint Facili!y. At the completion of construction of the Joint
Facility, Augusta shalJ process fee simple title to the Joint Facility.
9. Oeeration and Maintenance of the Joint facility.
(a) Augusta shall pay all charges for electricity, gas, water, sewer se(Vice,
sewer treatment, or utility service used in or rendered or supplied to the Joint Facility throughout
the term of this Agreement. All accoWlts for said services shall be in the name of Augusta.
Library agrees to reimburse Augusta for a percentage of said charges, tmder the arrangements set
forth in subsection (f) below, and computed based upon each party's percentage of the dedicated
building space and shared common space.
(b) Augusta shall be solely responsible for repairing and maintaining both the
, exterior and interior premises of the Joint Facility, including without limitation the grounds the
parking area for the Joint Facility. Library agrees to reimburse Augusta for thirty-five percent
(35%) of the sums expended by Augusta for repair(s) and maintenance referenced herein, under
the arrangements set forth in subsection (f) below. Augusta shall be responsible for supplying all
necessary janitorial and maintenance service and supplies for the Joint Facility. The Library
agrees to reimburse Augusta for one-half of said charges, under the arrangements set forth in
subsection (f) below.
(c) 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
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Joint Facility. The foregoing shall also apply to any exterior signs, notices, placement of
machinery or equipment either attached Or placed outside Q.fthe Joint Facility,
,)
(d) Staff. equipment and supply costs, as well as any costs that are specific to
each party, including telephone and other communication costs and any other costs incidental to
each party's use of the Joint Facility, shall be the sole responsibility of that party.
(e) In the event that either party's dedicated space is damaged by burglary,
vandalism, or other casualty for which such damage is not covered under any casualty policy
issued, the repairs for same shall be the sole responsibility of the party whose dedicated space
was damaged. In the event that common space is damaged, the parties shall share equally in the
costs of repairs to such common area.
(f) Augusta shall be responsible for making all payments for charges referred
v
to in subsections (a) and (b) of this paragraph. No later than December 31 of each year Augusta
shall provide the Library with copies of invoices, statements and/or receipts for said charges.
The Library shaJl make payment to Augusta of its proportionate share of said charges no later
than January 20 of the following year.
10. Use of the Joint Facility. The parties agree that each may use its portion
of the dedicated space of the Joint Facility for purposes as authorized and approved by the
Director of Recreation and the Director of the Library.
11. Insurance.
(a) Augusta shall provide, either through an independent policy or by addjng
the Joint Facility 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
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Joint Facility and any and all alter.ations, modifications and improvements made to the Joint
Facility, which policies shall each be in an amount equaJ and sufficient to Cover the value of the
Joint Facility, and any alterations, modifications and improvements. The parties agree that said
inslU'ance coverage shall be increased in an amOWlt equal and sufficient to cover the value of any
additional alterations, modifications or improvements to the Joint Facility, in the event additional
alterations, modifications or improvement are made during the term of this Agreement.
(b) All policies providing insurance coverage required to be maintained by
Augusta hereunder shall list Augusta, the Augusta-Richmond County Commission, Library and
its elected officials. trustees, 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 or Augusta or its agents,
servants, or employees shall in any way invalidate any insurance coverage for the other named
insureds. No inslU'ance policy providing any insurance coverage required to be provided by
Augusta hereunder shall be cancelable without at least fifteen (15) days advance wrinen notice to
Library. All insurance policies required hereunder or duplicate copies thereof, shall be provided
by Augusta to Library.
(c) Augusta shall be responsible for making all payments for premiums for
insurance referenced in this section. No later than December 31 of each year, Augusta shall
provide Library with copies of invoices, statements and/or receipts for said premium charges.
Library shall make payment to Augusta for its proportionate share of said charges based upon its
.
percentage of the total Construction Costs as determined in accordance with paragraph 6 hereof,
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adjusted for any subsequent alterations, changes, or additions, no later than January 20 of the
fOllowing year.
(d) AugustB shall also furnish builders risk insurance during the period of
construction which shall insure the contractor, Augusta and Library, as their interests may
appear.
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equipment.
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(h) Library shall be solely responsible for insuring its books, fumitul'e, and
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properly given when sent postage pre-paid by registered or certified mail (with return receipt
requested) addressed as follows:
If intended for Library:
Mr. Oary Swint .
Director, East Centra.l Georgia Library
902 Greene Street
Augusta, Georgia 30901-2294
If intended for Augusta:
Administrator
Eighth Floor, Municipal Bldg. (11)
530 Greene Street
Augusta, Georgia 30911
With a copy to:
Mr. Tom F. Beck, Jr.
Director, Recreation and Parks Department
2027 Lumpkin Road
P.O. Box 5596
Augusta, Georgia 30916.5596
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 suc.cessors 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 S tate of Georgia.
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(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, qr 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 presented to be
executed, the day and year first above written.
EAST CENTRAl.. GEORGIA
REGIONAL LIBRARY il L
By: 1J~~
-:ei' As its I r 0 .....
,AUG~O :
nA.t I By:
'1J · As its Mayor
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ATT~ ~
By: ~~
1 rk
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