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HomeMy WebLinkAboutGeorgia Golf Hall Of Fame Augusta Richmond GA DOCUMENT NAME: 1:\eo'\S\Cl bO\.Q \-\0.\\ ci ~Qme DOCUMENT TYPE: CXj'eemeD\- YEAR: Q\ BOX NUMBER: 0-\ FILE NUMBER: \~l\\G. NUMBER OF PAGES: \0;> " '1 -.-,. t. ~. - r STATE OF GEORGIA RICHMOND COUNTY AGREEMENT THIS AGREEMENT made and entered this ~ day of October , 1997, between Augusta, Georgia, acting by and through the Augusta- Richmond County Commission, a political subdivision of the State of Georgia (hereinafter referred to as County), and Georgia Golf Hall of Fame, an agency of the State of Georgia (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 quallfied 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 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 aid in financing the construction of the capital outlay project identified herein as 1 't '; l (;" w- i the Georgia Golf Hall of Fame Project (hereinafter referred to as II proj ect II), 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 IISpecial County Sales and Use Tax Agreementll; 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 to the Organization for the purpose of constructing the Project, to-wit: $500,000.00 for the remainder of calendar year 1997; $3,151,712.74 for the calendar year 1998; $ -0- for the calendar year 1999; and $ -0- for the calendar year 2000, 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. 3. The Organization represents that the estimated maximum cost of the Project as set forth in IIExhibit All 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 2 ;: -. f I .i.-:- w r construction of the Project. No costs of the Organization shall be charged against these funds. The Organization shall keep any funds received from the Count~ in a separate account and fund 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 expense, in accord with the generally accepted accounting principles, for which the proceeds of the Tax are used. The Organization shall submit to the County monthly accounting for all funds received from the County, the amounts expended from such funds on the Project during the term of this agreement, including any amount expended on such Project in 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 expenditures of the Organization, made with funds received from the County, for the Project 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 representatives 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 inspect the Project at any reasonable time during the term of this agreement for any purpose related to the performance of any contract awarded, or to be bid 3 r r.; "; .. r upon, or to be awarded, by the Organization for this Project. 5. The County's financial obligation to the Organization or to fund the construction of said Project shall not exceed the amount set forth in this Agreement. 6. Each of the parties hereto represents to the other that 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 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. The Organization shall comply with the purchasing policies of Augusta-Richmond County 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 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 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 insurance during the performance of the Contract: A. Comprehensive General Liability Insurance in force 4 .. ~... 7 1 .r at all times, including Products/Completed Operations, and Automobile Liability Insurance in 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 Compensation and Employer's Liability Insurance for the benefit of its workers. The above requirements shall also extend to the Organization's contractors and sub-contractors 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 evidencing the above coverage and as well as showing 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 County. 10. This Agreement and Addendum constitute 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. Any unresolved breach of contract with respect to any of the terms or wi th respect to the use of funds shall terminate the County's obligation under this Agreement; shall terminate the County's obligation for the payment of any future funds; and shall entitle 5 ^. ..(: .. 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, the day and year first above written. filii dICIltllnl I"reved as ~~~7 ORGANIZATION: GE~A GO~L OF ,FAME By:lJ1d ~ As its -SECaET~y ATTEST: A~~~ 6 -. .1;;- . -. .,. ADDENDUM 1. County acknowledges that Organization is a political subdivision of the State of Georgia, and that in case of any conflict between this Agreement and policies, procedures, or law of the State of Georgia, the policies, procedures and law of the State of Georgia shall prevail. 2. Paragraphs 7 and 8 of the Agreement are hereby deleted as the State of Georgia already imposes similar requirements upon the Organization. 3. The Project is currently being overseen by a Project Director, hired specifically to manage the development process. The Project Director's duties are further detailed on the attached Position Description. In addition, it is anticipated that at such time as construction begins on the main building, the organization will hire a Construction Superintendent to assist the Project Director. All cost such as payrolL benefits, furniture, equipment, tools, etc. essential to allow these two positions to fulfill their duties are considered Project Coordination costs and included within the attached Project Budget under the category "Support". County hereby acknowledges that such costs are "capital costs associated with construction of the Project" as required under Paragraph 3 of the Agreement. 4. The total commitment of $6,000,000.00 by the County has been drawn upon to date both under the contract with the Architectural firm, and directly by the organization, in the cumulative amounts of$I,529,248.56 and $819,038.70 respectively. County hereby acknowledges the acceptability of all prior draws. Future draws against the remaining $3,651,712.74 ofthecommitme!1t shall be subject to this Agreement. 5. Organization intends to request withdrawals of the remaining commitment primarily for land related costs, Architect fees, Exhibit Designer fees, Project Coordination expenses, and the main building construction contract. However, Organization and County acknowledge that funds may be requested and drawn for other anticipated expenditures within the Project Budget as necessary. 6. This Agreement shall extend until the finaldollar of the full $6,000,000.00 commitment has been disbursed by County to Organization, at which time this Agreement shall automatically terminate. .. . .~. .. " The Project The Georgia Golf Hall of Fame (GGHF) is currently assembling land and preparing designs for a home for the GGHF, which will also be a major tourist attraction for Augusta-Richmond County. The Project is a planned development, costing $30,000,000.00 plus, located upon approximately 17 acres along the Savannah River in downtown Augusta. As currently envisioned, the development . will include a main building of approximately 55,000 square feet, an eight acre garden, and a pedestrian plaza around which future expansion can take place. A preliminary site plan is attached. The main building will house the administrative offices for the GGHF,.the Hall of Fame Rotunda honoring the inductees into the GGHF, the Exhibit Hall, a theater, and a gift shop. Status As of October 7, 1997, all but .16 acre of the original targeted land assemblage have been acquired by the State of Georgia for use by the GGHF. Most of the previously existing buildings have now been demolished, with two remaining parcels still occupied under agreements with their previous owners. The Easter Seals building should be demolished in the near future as the occupants expect to be totally relocated during October. The remaining building will be kept intact for a while and utilized as a ~taging area. At the most recent meeting of the GGHF . Board of Directors, they approved an overall change to the "Village Concept" which is the layout shown on the attached site plan. The designs for the main building and gardens are currently being updated to reflect this change, and are near completion. It is anticipated that construction could be started in early 1998. i ! ~ " ~ , I I , j I i I I , -- I .:! ~ '? ~JJ.LL1lJ1 ~ Jl1UTT7TrTlJZ I ~(i' IRI [fW I " I~ n _,' l.........//ij'/ll.J r~"1 ~ --0-0- .' I \\ ~--; ------ I ..., ~ ~ ~ J j ~J i ~ I Tn 3: pr *' \ I I I i I ! ~ -. . . ..' ",. GEORGIA GOLF HALL OF FAME PROJECT BUDGET Land Costs Infrastructure General Site Improvements Main Building Other Structures Exhibit Gardens Exhibits Bronze Sculptures Support Film Miscellaneous Contingency Sub-Total Future Options Putting Green Simulator Ride Additional Films Conservatory Miscellaneous Sub-Total GRAND TOTAL . ~~. ~~ \\ '" Plus Non-Cash Donations Callaway Supplied EquipNideo , ADJUSTED GRAND TOTAL TOTAL COST 5.188,675 2,303,000 895,645 8,159,000 550,000 2.875,000 3,81 6,000 2,120,917 2,405,234 1,200,000 160,000 150.000 29,823,471 500,000 1,000,000 900,000 500,000 300,000 3,200,000 33,023,471 1,000,000 34,023,471 . J " NOTES I' ~ .' ',,:. t, ' , ~ .' Board of Directors Sam Nicholson, Chairman Andy Bargeron William E. Blair James Blanchard David Boyd Lee Roquemore Burron John Cay, HI .. Wendell Couch Mark Darnell A. W. Jones, III James W. Key 3r~,m B. Persons John D. Reynolds, Ill, M.D. Hamilton Stockron, Jr. Ted Sprague, Executive Direcmr ... " POSITION DESCRIPTION TITLE: CLASSIFICATION: RESPONSffiLE TO: Project Director Exempt Executive Director and Executive Board FUNCTION: To accomplish the coordination and management of all activities related to the physical development of a golf & garden attraction for the Georgia Golf Hall of Fame. Position will include but not be limited to, coordination with necessary state and local governments/agencies, utilities, architects, contractors, landscape designers, etc, The GGHF Administrator will provide the administrative needs of the Project Coordinator. DUTIES & RESPONSIBILITIES: It Solic:ite bids for, and monitor construction of all facilities * Coordinate all State of Georgia project requirements (ie: bid notifications" permits, method of payment, etc.) * Coordinate all AugustalRichmond County project requirements (ie: bid notifications, permits. method of payment, etc.) * Monitor and manage city, state and private funding Develop operating budget & Coordinate or perform project accounting . (ie: cash flow, credits, debits, charges to appropriate chart of accounts, etc.) * Negotiate & establish utility costs and requirements with power companies * Coordinate private sector sponsors project requirements (ie: statues, plaques, sponsor recognition, etc.) * Act as liaison between GGHF, AlE & Garden Designer. Implement design changes as reasonable and necessary to effect cost savings and/or improve . operating characteristics. * Act as liaison'between GGHF and city/county requirements. Duties to include awareness ofRiverwalk extension, traffic light installation, resolving any parking issu'es (individual cars and motorcoaches) and erecting appropriate directional signage to attraction One Tenth Srreer . Suire 745 . Augllsra, Georgia 30901 · (706) 724-4443 · Fax (706) 724.4428 .; c ,. ~ '. __.--:, 'i.. ~ .; . -.. PAGE 2 - POSITION DESCRIPTION - PROJECT DIRECTOR * Determine the most reasonable method to operate food servcie. If needed, conduct competitive search for, negotiate for, cind obtain, subject to Board approval, contract with a restaurant operator * Determine the most reasonable method to operate the gift shop. If needed, conduct competitive search for, negotiate for, and obtain., subject to Board approval, contract with a gift shop operator * Esta.blish ticket price(s) * Pun:hase project furnishings, building & operating supplies & equipment. * Gain rights to golfers and celebrities * Initiate action to locate,. solicit and secure artifacts * Esta.blish operating hours : * Chair Selection Committee for Personnel Hiring (Permanent Full-Time General :NIanager, Administrative Staff, Theme Personnel, Museum Docents) * Purchase project insurance policies. Purchase security system. * Participate in all Project Review Sessions acting as Owners Representative. * Represent the GGHF Board * Other duties as assigned