HomeMy WebLinkAboutMARK LASSIC FACADE GRANT AGREEMENT LOCATED 519-523
STATE OF GEORGIA
COpy
COUNTY OF RICHMOND
FACADE GRANT AGREEMENT
This AGREEMENT is made and entered into this 1st day of December, 2007, by and
between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter
"AUGUSTA") and Mark Lassic, (hereinafter "OWNER").
WHEREAS, OWNER is the owner of certain real property located at 519-523 Broad
Street, Augusta, Georgia, 30901, which is within that certain area known as the Commercial
Business District, the Telfair Street Historic District (the "Property"); and
WHEREAS, OWNER, has applied for a facade grant (the "Grant") for the purpose of
renovating and/or repairing the fa<;ade (the "Fa<;ade") of the Property (the "Project"), and said
application has been approved by AUGUSTA through its Housing & Community Development
Department ("HCD"); and
WHEREAS, the parties hereto wish to set forth the terms and conditions for the making
of said Grant to OWNER and the completion of the Project.
NOW, THEREFORE, for and in consideration of the mutual. promises and convenants
contained herein, the parties hereto, intending to be legally bound, do hereby agree as follows:
1. FACADE GRANT
The Grant is in the total amount of Thirty Thousand Dollars 00/100
($ 30,000.00) and is for the purpose of Historic Restoration of the fa<;ade on the
Property. A Contractor selected as provided in this Agreement shall provide the
Grant in the form of performance of the Project.
2. OBLIGATIONS AND RESPONSIBILITIES OF OWNER
a. EXECUTION OF LEGAL DOCUMENTS
OWNER shall be required to execute documents necessary to
effectuate the Grant and the Project, including without limitation the
following documents, which are substantially in the forms attached hereto
collectively as Exhibit "A": (1) a Promissory Note; (2) a deed to secure
debt; and (3) a fa<;ade easement, before action on the Project proceeds.
b. ACCEPTANCE OF DESIGN PLANS
The Architect will prepare a preliminary design, plans and
specifications for the Project, and will consult with the OWNER regarding
said design, plans and specifications. OWNER shall be required to
accept, in writing, the Architect's design, plans and specification before
construction for the Project will begin. In the event that the OWNER does
not agree to accept the Architect's design, plans and specifications,
AUGUSTA shall have the option of immediately terminating this
Agreement with no further obligation or liability to OWNER, and OWNER
shall be responsible for payment of the Architect's fees in preparing the
design, plans and specification in question.
c. ACCEPTANCE OF CONTRACTOR BID
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d. PRECONSTRUCTION CONFERENCE
OWNER agrees to attend a Preconstruction Conference to be
arranged by the. HCD, at which Conference the OWNER, Contractor,
Architect and HCD staff will discuss the Project and the obligations and
responsibilities of all parties.
e. SIGNAGE ON PROPERTY
OWNER agrees to remove and replace any non-conforming
signage on the Property, and to bring any signage to remain or be placed
on the Property into compliance with applicable laws and ordinances.
OWNER further agrees to obtain approval for any existing or new signage
through the appropriate authorities, pursuant to their regulations and
policies.
f. CHANGE ORDERS; OWNER'S REQUIREMENT TO MAKE PAYMENTS
OWNER agrees that any cost associated with change orders as to
the Project is his/her sole responsibility, and that said change orders shall
not be made effective until payment associated with same is received by
HCD. Payment shall be made by certified check.
g. OWNER'S MATCHING REQUIREMENTS
OWNER agrees to perform rehabilitation, repair and/or renovation
work (hereinafter referred to as "Rehab Work") performed on the interior
of the Property, and the said Rehab Work must have a value equivalent
to the amount of the fa<;ade grant. OWNER agrees to begin such Rehab
work so that it shall be completed within ninety (90) days of AUGUSTA's
final payment in connection with the renovation or restoration of the
Property. OWNER agrees to notify HCD of completion of the Rehab
Work and to allow HCD to perform a final inspection of the Rehab Work
as soon as practicable after completion. OWNER agrees to provide
HCD, at the time of the final inspection, with copies of paid bills, invoices,
contracts, etc., which document the performance of the Rehab Work.
OWNER agrees that all Rehab Work will be completed so as to comply
with all applicable building, housing or other construction and/or fire
codes. If the interior portions of your property meet all applicable building
and/or fire codes, the owner may use exterior rehabilitation work (apart
from the fa<;ade portion) as a match. The owner will need to arrange a
certified building inspector to inspect and verify in writing that the interior
portion of your building meet all applicable building and/or fire code
requirements.
In the event OWNER has performed Rehab Work on the building
in question prior to OWNER's application for the Grant, AUGUSTA may,
in its sole discretion, accept proof of such prior Rehab Work in order to
satisfy OWNER's requirements under this Section. In such event,
OWNER must provide satisfactory proof of the value of such work, the
work's compliance with all applicable codes and regulations, and such
other information or proof as may be deemed necessary by AUGUSTA.
OWNER agrees to obtain fire insurance coverage for the Property
(as improved pursuant to this Agreement) to be effective for a period of a
least five (5) years from the date of this Agreement. A certificate such as
insurance coverage shall be provided to HCD sim.ultaneously with the
execution of this Agreement.
AUGUSTA as reimbursement all monies, which AUGUSTA has expended
in connection with the Grant, including without limitation, the amount of
the grant, architects' and attorneys' fees and expenses, and costs.
OWNER further agrees to indemnify and hold harmless AUGUSTA, the
Augusta-Richmond County Commission, its employees, agents,
representatives, elected officials and officers from and against any and all
claims, demands, causes of actions and/or liabilities arising out of or in
connection with AUGUSTA's approval of the Grant and/or AUGUSTA's
approval of the Grant performance of this Agreement.
j. REPRESENTATIONS AND WARRANTIES OF OWNER REGARDING
CHANGES, ALTERATIONS, ETC., AND MAINTENANCE OF FACADE
OWNER hereby represents and warrants that for a period of ten
(10) years from the date of this Agreement, OWNER shall not make any
changes, alterations, repairs or improvements to, nor shall he remove any
portion from, the Fa<;ade which in any way affects or requires work to be
performed on any exterior portion or feature of the Fa<;ade of the building
or structure in question, or which changes the external physical
appearance of the Fa<;ade in any way, without the prior written approval
of AUGUSTA. This provision includes signage and all forms of graphic
business information, which could be attached to or applied to the
Fa<;ade.
OWNER further represents and warrants that OWNER shall retain
and maintain the Fa<;ade intact and in the design and character achieved
after the Project is complete, and to, at all time, maintain the Fa<;ade in
good condition and repair. In the event OWNER fails to retain and
maintain the Fa<;ade in accordance with the terms and conditions of this
Agreement, the parties agree that AUGUSTA shall have the right, at its
option, to perform any maintenance deemed necessary and appropriate,
to tax the cost of such maintenance against OWNER, and to place a lien
against the property in the event such cost is not paid by OWNER within
ten (10) days of notice.
The representations and warranties of OWNER in this Section
shall survive termination of the Agreement.
3. RESPONSIBILITIES AND OBLIGATIONS OF AUGUSTA
a. ARCHITECT
AUGUSTA shall employ the services of an architect in connection
with the Project.
b. COORDINATION OF EFFORTS
AUGUSTA shall be responsible for coordinating the efforts of the
Architect, the Contractor and the OWNER toward completion of the
Project. AUGUSTA shall monitor progress toward completion of the
Project.
c. SUBMISSIONS TO OTHER AGENCIES
AUGUSTA shall be responsible for submitting appropriate
information in connection with the Project to the United States Housing
and Urban Development Department, the Georgia Department of Natural
Resources, and such other agencies as may be required or appropriate.
of AUGUSTA at any time, for any or no reasons, and with no further obligation on
the part of AUGUSTA, upon 30 days' written notice to OWNER.
In the event of a default under this Agreement by OWNER, AUGUSTA
will provide OWNER with written notice of said default and OWNER will be given
the opportunity to cure said default within 10 days of notice for monetary defaults,
and 20 days of notice for nonmentary default. If the default is not cured within
the appropriate time period, AUGUSTA has the right to immediately terminate
this Agreement, with no further obligation on the part of AUGUSTA.
5. MISCELLANEOUS
a. Time is of the essence regarding the Agreement.
b. This agreement may not be assigned by OWNER, in whole or in
part, to any other party without the prior express written
permission of Augusta-Richmond County.
c. This Agreement is the entire Agreement between the parties. Any
and all modifications and changes to this Agreement must be in
writing and signed by both parties.
d. This Agreement shall be construed according to, and governed
by, the laws of the State of Georgia.
(This section was intentionally left blank)
...
WHEREFORE, the undersigned have set their hands and seals as of the date first
above written.
ATTEST:
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Sworn to and subsGfi..bed
befor,e Jne )his 010 - day of
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AUGUSTA, GEORGIA
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As its Mayor
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Mark Lassic
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This contract is entered into by and through its authorized agents:
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Chester A. Wheeler III
Director AHCDD
c)u/
ederick L. Russell
City Administrator
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Exhibit "A"
All that lot or parcel of land with improvements thereon, situate, lying and being in
the former City of Augusta, Richmond County, Georgia, on the North side of Broad
Street 166.5 feet West of its intersection with Fifth Street and being known and
designated as No. 519-521 and 523 Broad Street under the present system of
numbering in Augusta-Richmond County, said lot fronting 80 feet on Broad Street and
extending back between parallel lines a distance of 190.21 feet on the Eastern line and a
distance of 193.48 feet on its Western line and being BOUNDED: North by land now or
formerly of Savannah River Company; East by land now or formerly of L. W. Woodward
and Wynona W. Tyler; South by Broad Street and West by land now or formerly of Annie
M. Evans.
Said conveyance includes any and all right, title and interest which the said party
of the first part has in and to that certain Agreement dated May 30, 1916 by and between
Annie M. Evans and Henry H. Cummings, being recorded in Deed Book 8-M, page 173
in the Office of the Clerk of Superior Court of Richmond County, Georgia and any and all
right, title and interest in and to that certain Deed to 8 inches for the purpose of
establishing a party wall, dated October _' 1916, by and between Henry H.
Cummings and Annie M. Evans, being recorded in Deed Book 8-P, page 5 in the
aforesaid Clerk's office.
Said property being the same property conveyed to James E. Burnside from
Linda Morris by the certain Deed dated May 28, 1991, and recorded in Realty Reel 360,
page 662 in the aforesaid Clerk's office.