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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- _/ NUMBER OF PAGES: J Yf..- ~ . ; , 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. 1r".;;;: - I~ . ./ 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 3. 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 2 -.. .~ . '- .. .I' 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 3 ~. - .~ .. _ _ c. -. .. /. 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. 4 '. :/,"~.-_-- --... /, 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 17. above. Attest: LeFevre Studios Attest: ~ 5