HomeMy WebLinkAboutImperial Theatre (2)
Augusta Richmond GA
DOCUMENT NAME: \ m\~'(\ QL-'T'<leQ\'x--(:.
DOCUMENT TYPE: ~~e~T
YEAR: ,C\\
BOX NUMBER: QL.\
FILE NUMBER: \ C)..\( S
NUMBER OF PAGES:
8
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STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
THIS AGREEMENT made and entered this ~ day of Or~ohpr'
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 Imperial Theatre
(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 qualified 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 construct the
capital outlay project identified herein as the Imperial Theatre
Project (hereinafter referred to as "Project"), which was a part of
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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 "Special County Sales and Use Tax
Agreement" ;
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:
$75,000.00 by September 30, 1997;
$75,000.00 by December 31, 1997;
$75,000.00 by April 30, 1998; and
$75,000.00 by August 31, 1998.
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 warrants and represents that the
estimated maximum cost of the Project as set forth in "Exhibit A"
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 construction of the proj ect . No costs of the
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Organization shall be charged against these funds. The
Organization shall keep any funds received from the County 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 on the Project during the term of this contract,
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 for the proj ect 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 monles. 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 proj ect. The County shall also have the right_ to
inspect the Project at any reasonable time for any purpose related
to the performance of any contract awarded, or to be bid upon, or
to be awarded, by the Organization for this ~roject.
5. The County-' s financial obligation to the
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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 warrants and 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
at all times, including Products/Completed Operations, and
Automobile Liability Insurance in the combined single limits of
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$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 OVln 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 pvidencing the above coverage and as well
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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 for approval, and shall contain a provision that the
contract shall not be valid and binding upon the Organization until
approved by the Augusta-Richmond County Commission.
10. This Agreement constitutes 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. Breach of
contract with respect to any of the terms or with respect to the
use of funds shall terminate the Count~s obligation under this
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provided by law.
IN WITNESS WHEREOF I the County and Organization have
caused these presents to be executed by their respective duly
authorized officials, the day and year first above written.
By:
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ORGANIZATION:
IMPERIAL THEATRE. r
By: ~.fid
As its ....., 6,..,..,
ATTEST:
Yl~_~ ~~.#--
As its t:;-xec....v T]::J/cr D;::RE'c'IZJ'~
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~ 09-23-1997 01:42PM FROM Rugusta/Richmond Rdmin, .
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97225984 P.08
The Imperial Theatre agrees!to complete the renovations set forth below on or before June 30, 1999J
Estimates of cost Of work were provided by the theatre and bave IW1 been nrified by the county.
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Stage! lighting dimmers and wiring $21,000
St3ge~ lighting instruments and wiring $16,000
Replace maiD drape and rigging $16,000
Replace facility doors $9,600
IDSta~ baclcstag~ communications $4,200
Cl~ and stretch all carpeting $2,000
Replace r.gging blocks and lines $16,000
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I~I auditorium chandeliers $7,500
Upgrade back stairs $8,000
Stage: floor replacement $10,000
Ladies restroom upgrade $15,000
Mens: Restroom upgrade $4,000
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Add Oserlbox offace service area $2,500
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Repl3ce box oMce entry flooring ,$1,500
Install security/fire alarm $4,600
Install oostage fire protection $15,000
Rest~e fire escapes $1,600
Re~ce grid and access $35,000
Audi~orium heating upgrade $18,000
CI~ air circulating ducts $12,000
Dem61ish unused conduit and wiring $2,000
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Clean and seal buDding exterior $10,000
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IJ~I in-house audio/video mon;tors $2,200
Assess smoke b8tcl1es in ny loft $350
Re-~~t and repair e},.1enor masonry $8,000
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Proj~ctioR booth upgrade $9,000
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~. , ~'"" ~9i3-1 997 12l1: 43PM FROM RU9usta/R i chmond Rdm in. .
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97225984 P.09
Pit ~base ODe - Install pennanent $700
ligbt!ng
Stag~ curtains - legs and tonns $6,000
Re~ir and paint interior plaster $30,000
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11ll~ concession lobby chandeliers $2,000 '
~' curtaios to orchestra from lobby $3,000
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f'rov~de club room for lobby $9,000
TOT~ $301,750
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If Cunds remiain after ~ompletiOD of the above, the theatre shall use them for the follow purposes.
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SecO*d Story windows, walls and Doors $8,000 I
I $10,000
Dr~lng room upgrade
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Seco,d Story fare escape $12,000
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PurchaSe motion picture projector $12,000
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Rep1$ce conductor stand $500
Seco*d Story HV AC $6,500
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Seco*d Story A V communications $1,200
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Rep~e all seating $174,500
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RepIace arbors and weigbts $15,000
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SUBTOTAL $239,700
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GRAND TOTAL $541,450 -
The Imperial The~tre shall ~ its best efforts to raise the funds necessary to complete 'all work it~ listed.
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TOTRL P.09