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HomeMy WebLinkAboutEZEKIEL HARRIS HOUSE 2007-2010 AGREEMENT I' AUGUSTA, GEORGIA And AUGUSTA MUSEUM OF HISTORY 2007 - 2010 EZEKIEL HARRIS HOUSE OPERATING AGREEMENT 2007 - 2010 WHEREAS, Augusta, Georgia (AUGUSTA) is the owner of certain real and personal properties which are of significant cultural and historical interest and should be available for the use and benefit of the public; and WHEREAS, the Augusta Museum of History (AMH) is a recognized repository of cultural and historical artifacts and is charged with the responsibility of accumulating, preserving and presenting the history of this area by the use and presentation of such artifacts; and WHEREAS, AUGUSTA will best meet its obligations of ownership by making these properties available for public use and display and AMH offers the means by which these properties will be made available for public use and benefit; IT IS THEREFORE AGREED that this operating agreement is entered into between these parties on the following terms and conditions: A) This agreement will be in effect as of April 1, 2007 until March 31, 2010, provided that either party may withdraw following 90 days written notice to the other of such intention. B) The real property (FACILITIES) the subject matter of this agreement is known as the Ezekiel Harris House, which is Tax Map 35-2 Parcels 113 and 114, with an address of 1822 Broad Street (see Attachment I). C) Ownership of the facilities shall remain with AUGUSTA. AMH is granted custody and joint physical control of the facilities. At the termination of this agreement, custody and physical control of the facilities shall be returned to AUGUST A, in the same or better condition, reasonable wear and tear excepted. D) AUGUSTA will be responsible for the upkeep and maintenance of the facilities and shall contribute monies to AMH on an annual basis as approved in the budget adopted by the Augusta-Richmond County Commission, payable semi-annually, to offset the cost of the operation and programming of the facilities. D.l. AUGUSTA shall be responsible for maintenance of the grounds on which the 1797 Ezekiel Harris House is located and the adjacent unimproved lot and parking lot to the House's east. Augusta also shall maintain in good repair the restroom facilities and sidewalk located on said property. D.2. AUGUSTA shall be responsible to the HV AC system, structural deficiencies to the Ezekiel Harris House (to include chimneys), the above-referenced restrooms, fences and the cottage located on the property. Augusta also shall repair and/or replace as needed siding and shutters on all buildings located on said property. D.3. AMH shall be responsible for repair and/or replacement of the above only in the event of vandalism, theft or conscious neglect on the part of AMH. DA. AMH shall be responsible for the day-to-day maintenance of the Ezekiel Harris House and its immediate grounds with respect to litter control. AMH also shall be responsible for utility, telephone and alarm system costs. E) AMH will study the history of the site and the artifacts and develop an educational and marketing plan utilizing these facilities. The facilities will offer to school children, local citizens, and visitors to our community a presentation of life as it was in the 18th and 19th centuries and demonstrating how the activities of these earlier residents contribute to and affect our present day life. AMH will use its best efforts to preserve and maintain the facilities and to develop and operate these facilities in ways that benefit the public by promoting and enhancing tourism and by promoting and encouraging the historical, cultural, educational, tourism and commercial interests of our community. AMH will actively seek out and apply for such grants, gifts and other benefits as may be available from both public and private sources so as to enhance the development and use of the facilities. AMH will encourage a community spirit and interest in the facilities. The AMH will work with residents in the Harrisburg community and others who have displayed an interest in the area, own or operate businesses in the area, and have skills and talents that will be of benefit to the facility. F) AMH shall report to AUGUSTA as requested from time to time the use being made of the facilities and the participation by the public of such use and activity, and shall report annually to the Commission on the use of the funding provided for herein. AMH shall be entitled to all income from admission fees, program fees and grants and gifts to offset the operation of the facilities. G) Should the operation of these facilities by AMH prove to be of benefit to the public, the parties by mutual agreement may extend and modify these terms and conditions, including a transfer of ownership. H) The budget allocation for 2007, as provided for in D above, is $50,000.00. This 7 day of (i;~~ ,2007 () .'"' Accepted, this L day ofl(~ 200.6. ~'1 AUGU~T?J G~~RGIA _ <i By: fJ Lt xlY-- l J-,I::~~:~::."j . ".:..~' " ""\)'\\~'t~:~ :,":"~A.ttest: 'J~ ) \~~~ V /nt9~~