HomeMy WebLinkAboutGregg Legevre
Augusta Richmond GA
DOCUMENT NAME: G r:1) L c: -I' (..11 r c..
DOCUMENT TYPE: ~<-<:-n, e-n~
YEAR: 02-
BOX NUMBER: 'l
FILE NUMBER: I (yLJ 2-2-
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NUMBER OF PAGES: J
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; , APFROVED
RECEIVED . '. NOV 0 6 200"-
OC{2 1 2002 (Al USTA.RICHMOND COUNTY COMMISSION)
ACCOUNTING
DEPARTMENT
/ STATE OF GEORGIA )
)
COUNTY OF AUGUSTA-RICHMOND )
AGREEMENT
This agreement, effective this ~ay of /rIrii!!fr1l!Jt~
,2002 is entered
into between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,
hereinafter referred to as (Augusta), and GREGG LEFEVRE, owner of LeFevre
Studios, hereinafter (LeFevre Studio).
WITNESSETH:
WHEREAS, Augusta desires the creation of a Bronze Relief Map, hereinafter
(Map) for Augusta Commons; and
WHEREAS, Augusta has received design plans to be used as the foundation for
said Map from Cranston, Robertson & WhiteHurst; and
WHEREAS, LeFevre Studios has represented to Augusta that it is qualified to
perform the various described tasks and works for the project, and based upon LeFevre
Studios' representations, Augusta desires to retain the services of the Studio to perform
the work described herein.
NOW THEREFORE, for and in consideration of their mutual benefit, the parties
hereto agree as follows:
1. LeFevre Studios hereby agrees to commence, produce, and create, a 5'8" x
7' 4" Bronze Map, to be Titled: Augusta Common Map.
2. LeFevre Studios hereby agrees to cast the Map in bronze, either as a whole
or in sections.
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LeFevre Studios hereby agrees to warrant said Map from any defects in
material or workmanship other than those customary and ordinary in this
type of work.
4. Augusta hereby agrees to pay LeFevre Studios fifty-four thousand dollars
($54,000) as total payment for the Map and all associated work. Said
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payment is to be paid in eight (8) installments with twelve thousand
dollars ($12,000) being paid upon the signing of this agreement, five
thousand dollars ($5000) being paid after 30 days or th~ first day of the
following month, whichever is later, and every 30 days thereafter for six
months, and a final payment in the amount of twelve thousand ($12,000)
being paid upon receipt and acceptance of the completed Map.
5. LeFevre Studios agrees to provide Augusta, on a monthly basis during the
term ofthis agreement, with proof of progress and work on the Map. Said
proof may be in the form of a written description of the work done, and
the time spent working on the Map. Said proof must be submitted to
Augusta seven (7) days prior to Augusta's monthly five thousand dollar
($5000) paymen't. Failure to provide proof in the required time frame,
shall delay Augusta's payment accordingly.
6. The parties agree that prior to Augusta's obligation to pay, Augusta shall
receive from LeFevre Studios a final design proposal. Said proposal shall
consist of a narrative description, drawing or both.
7. Augusta agrees to inspect said proposal and submit either its approval or
disapproval in writing to LeFevre Studios within ten (10) business days of
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its receipt. Inspection shall include review of the final Map design for both
spelling and placement accuracy.
8. Upon completion, delivery, inspection, and acceptance of the Map,
Augusta shall pay LeFevre Studios within thirty (30) days, the final
payment under this agreement.
9. Upon completion ofthe Map, and after payment in full by Augusta,
LeFevre Studios shall have no ownership, possesory, or other interest in
the Map and all rights and title to the Map shall vest and belong to
Augusta.
10. LeFevre Studios hereby agrees to repay Augusta, any and all monies paid
to LeFevre Studios should LeFevre Studios fail to complete the Map as
agreed.
11. LeFevre Studio's failure to complete the Map as agreed shall constitute a
breach of this contract upon which Augusta, may engage the services of
the engineers, artists, sculptors, and/or contractors necessary to create and
produce the Map, with LeFevre Studios being liable to Augusta for any
and all monies paid to LeFevre Studios as well as any cost above and
beyond fifty-four thousand dollars. ($54,000)
12. LeFevre Studios acknowledges that all records relating to this agreement
and the services under the contract may be a public record subject to
Georgia's Open Record Act (O.C.G.A. S 50-18-70, et seq.). LeFevre
Studios shall cooperate fully in responding to such request and making all
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records, not exempt, available for inspection and copying as provided by
law.
13. This Agreement may not be amended, modified, or altered in any manner
except in a writing signed by all parties. No covenant or condition of this
Agreement may be waived except by the written consent ofthe proper
party. Any such written waiver of any term of this Agreement is effective
only in the specific instance and for the specific purpose given.
14. This Agreement-constitutes the entire agreement between the parties. No
agreements, representations, or warranties other than those specifically set
forth in this Agreel!lent are binding on any of the parties.
15. All claims, disputes and other matters inquestion between Augusta and
LeFevre Studios arising out of or relating to this agreement, or the breach
thereof, shall be decided in the Superior Court of Richmond County,
Georgia. The parties through the execution of this agreement, specifically
consent to the jurisdiction and venue of Richmond County Georgia, and
waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
16. If one or more of the provisions of this Agreement, or the application of
any provision to any party or circumstance, is held invalid, uiIenforceable,
or illegal in any respect, the remainder of this Agreement and the
application of the provision to the other parties or circumstances remain
valid and in full force and effect.
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This Agreement and each of its provisions is binding on and inures to the
benefit of the respective heirs, assignees, executors, administrators,
trustees, and successors of the parties.
IN WITNESS WHEREOF, Augusta and LeFevre Studios have executed,
signed, sealed, and delivered this agreement effective the day and year first written
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above.
Attest:
LeFevre Studios
Attest:
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