HomeMy WebLinkAboutREVISED SPLOST V IMPERIAL THEATRE IMPROVEMENT PROJECT
STATE OF GEORGIA )
)
RICHMOND COUNTY ) .
REVISED SPLOST V CONTRACTOR AGREEMENT
IMPERIAL THEATRE IMPROVEMENT PROJECT (AS OF AUGUST 16, 2007)
This AGREEMENT made and entered into this .!7?~day of /)4,2007, between
Augusta, Georgia, acting by and through the Augusta-Richmond County Commission, a political
subdivision of the State of Georgia (hereinafter referred to as "Augusta" or "County"), and the
Imperial Theatre Inc., (hereinafter referred to as the "Organization" or "The Imperial Community
Theatre");
WITNESSETH:
WHEREAS, the voters of Augusta, Georgia, on November 8, 2005, approved the
imposition of the Special Purpose County One Percent Sales and Use Tax ("SPLOST V"),
effective April 1, 2006, and designated the use of the proceeds of said tax for certain capital
outlay projects, as defmed on O.C.G.A. 48-8-111(a), and further approved a project priority
payment order in an Intergovernmental Agreement entered into by and between Augusta,
Georgia, and the municipalities of Hephzibah and Blythe;
WHEREAS, the Augusta-Richmond County Commission approved SPLOST funding
request guidelines for outside agencies on June 6, 2006;
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 Improvement Project (hereinafter referred to as "Project"), which was a part of the
approved capital outlay projects for recreational, historical and cultural improvements,
referenced in the above-described Intergovernmental Agreement;
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WHEREAS the proceeds of said tax in the amount of $500,000.00 are now available for
use by The Imperial Community Theatre, Inc., according to the disbursement schedule adopted
in said Intergovernmental Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
between the parties, it is agreed as follows:
SECTION 1- APPROPRIATION AND USE OF FUNDS
1.1 The County agrees to appropriate the following sums to the Organization for the
purpose of constructing the Project: $500,000, payable in the following installments:
$500,000 at the execution ofthis Agreement.
Lump sum approved
Administrator
1.2. The Organization agrees to use such funds that it may receive, pursuant to this
Agreement, solely and exclusively for the construction of the above described Project; said
Project, including the Project Budget, is more specifically described at "Exhibit A," attached
hereto and incorporated herein.
1.3 Said disbursement to The Imperial Community Theatre, Inc. is an authorized use
of said proceeds, under O.C.G.A. Section 48-8-11 1 (E), as said use benefits a "cultural,
recreational, or historical facility or a combination of such purposes;" and this Agreement is
entered into on behalf of Augusta, Georgia and The Imperial Community Theatre, Inc., a
Georgia not for profit corporation, to recognize and acknowledge that Augusta has fully funded
its SPLOST V project obligation to Organization by payment of $500,000 in full made at the
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time this contract is entered into or by funds held by Augusta and encumbered for installment
payment.
SECTION 2 - RESPONSIBILITIES AND OBLIGATIONS OF ORGANIZATION
2.1 In consideration of the disbursement of said funds, The Imperial Community Theatre,
Inc. shall observe all conditions that the law and/or this Agreement imposes on the use of said
funds, which shall include, but not be limited to, the following:
2.2 The Imperial Community Theatre, Inc. shall use said proceeds in connection with a
capital outlay project known as Imperial Theatre Improvement Project at 745 Broad Street,
Augusta, Georgia. Said real estate and improvements are more particularly described at Exhibit
A-I, which is attached hereto and made a part hereof.
2.3 The Imperial Community Theatre, Inc., covenants not to use said monies as part of its
maintenance and operation budget.
2.4 The Imperial Community Theatre, Inc. will set up any and all banking accounts necessary
or convenient to segregate the account containing said SPLOST money from its other accounts.
The Imperial Community Theatre, Inc. shall make quarterly reports of expenditures regarding
this project commencing with the end of the second quarter of 2007 to wit: June 30, 2007 and
quarterly thereafter until the end of the quarter in which the project is deemed completed as
determined by the Augusta Finance Department. The initial report is due ten (10) business days
next following the end of each said quarter. Said reports shall be delivered to Augusta Finance
Department, Municipal Building, Augusta, Georgia 30911 to the attention of Ms. Donna
Williams, Interim Finance Director for Augusta, Georgia, or her designee, Mr. Tim Schroer, the
accountant for the SPLOST program.
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2.4(A) Contractor will provide Augusta with a copy of its Annual Audit within thirty (30) days
of the delivery of audit to contractor.
2.5 The Organization shall keep any funds that it receives from the County in a separate
account and fund and shall not commingle 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 compliance with the generally accepted accounting principles, for which the
proceeds of the tax are used. The Organization shall submit quarterly accounting reports to the
County for all funds that the Organization receives from the County. Said accounting reports
shall set forth the amounts expended on the Project during the term of this contract, which shall
include any amount expended on such Project in that current year, and the estimated percentage
of said Project's completion. (See Exhibit A).
2.6 The Imperial Community Theatre, Inc. accepts the following conditions for disbursement
,of said funds:
A. The Organization must allow said facility to be used by the public for both the
staging of events and attendance. This section shall not preclude the Organization from charging
reasonable and ordinary fees for any event held at said facility.
B. Prior to receipt of said monies, the Organization shall furnish Augusta with a
budget, scope of work and the projected time for completion of the work of said improvements,
for which purpose the money is appropriated (See Exhibit A) which is accepted by the County.
2.7 The Organization shall comply with the purchasing policies of Augusta-Richmond
County regarding the advertising for bids, the securing of bids, and payment, performance bonds,
and contracting. Payments to any sub-contractor employed by the Organization shall be made
directly by the Organization, subject to County's audit and approval. If the total project costs
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exceed the amount funded by the County, the Organization shall provide proof of other funding
sources. Payments by the Organization to sub-contractors shall be made only upon presentation
of verified invoices.
2.8 The Organization will maintain the following insurance during the performance of the
Contract:
A. Comprehensive General Liability Insurance shall be maintained in force at all times and
shall include the following coverages: Products/Completed Operations and Automobile Liability
Insurance in the combined single limits of $1,000,000. This coverage shall be intended to apply
as primary and shall not be affected by any insurance that 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 apply to the
Organization's contractors and sub-contractors who are 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, which evidences the above
coverage and shows the Augusta-Richmond County Commission as an "additional insured."
SECTION 3 - RESPONSIBILITIES AND OBLIGATIONS OF THE COUNTY
3.1 Augusta enters this contract to improve the quality of life of its citizens and to provide its
citizens with added recreational services at lower costs and expense than those it would incur if it
were to construct and operate its own legitimate Theatre facility. Augusta shall have the right, by
and to this contract, for not less than 50 years of public use and availability of the facility that is
the subject of this contract.
3.2 The County and any auditors employed by Augusta shall have the right to verify and
audit the expenditures of the Organization and the Project, sufficient to determine that the
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monies are being appropriately spent for the Project, in accordance with Georgia laws that
govern the expenditures of Special Purpose Local Option Sales Tax monies. Official
representatives of the County may inspect the official records of the Organization, which relate
to this project, at reasonable times and upon reasonable notice to the Organization. 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 awarded, by the Organization for
this Project.
SECTION 4 - OBLIGATIONS OF THE ORGANIZATION AND COUNTY
4.1 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.
4.2 After approval of this contract, all contracts between the Organization and any sub-
contractor shall be submitted to the County Administrator for administrative review. If any
irregularity or illegality appears, the Administrator may submit any such questions to the
Augusta-Richmond County Commission.
4.3 This Agreement constitutes the entire agreement between the parties as to the matters
described herein and may not be amended except by a written instrument, signed by each party's
duly authorized officers,
4.4 Breach of contract with respect to any of the terms of this Agreement, or with respect to
the use of funds, shall terminate the County's obligations under this Agreement; shall terminate
the County's obligation for the payment of any future funds; and shall entitle 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, on the date entered above.
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AUGUSTA-RICHMOND COUNTY COMMISSION
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Project Description:
The Imperial Theatre is requesting $500,000 in funds from SPLOST Phase V for the
purpose of upgrading and renovating certain areas of the Imperial Theatre. All of the
projects planned complement the Master Plan, currently in effect at the Theatre. Each
project will provide a better venue for performers and patrons. We will be installing a
new marquee on the fa9ade of the theatre, replacing our sound system, replacing the
upstairs seating, upgrading the HV AC system, replacing the fire curtain and repairing the
fire escapes, and providing improvements to the lobby, entryway and offices of the
Theatre
Each project will have a Request For Proposal and go through a bidding process. We
estimate to complete all projects by September 2007.
Project Budget and TimeIines
Agency:
Project Name
Date:
The Imperial Community Theatre, Inc.
Continuation of Imperial Theatre Master Plan
1/01/2007 .
Project Timeline Cost
Marquee Installation: equipment and August 2006 94,700.00
installation
Sound System Equioment and Installation September 2006 153,300.00
HVAC System Enaineerincj Desiqn January 2007 5,000.00
Fire Curtain : cost of reolacement January 2007 40,000.00
Fire Escape replacement on each side of the' January 2007 15/000.00,
theatre
Main Office Improvements: infrastructure of February 2007 5,000.00
telephone system upqrades and equipment
Main Lobby Improvements: safety rails for February 2007 6,500.00
main concession area, repairs to plaster
work and windows
Entryway Improvements: lighting in box February 2007 5,500.00
office alcove reolacinq box office windows ,
HVAC System Upgrades: integration of four April 2007, 60,000.00
HVAC systems throughout the theatre,
moisture control system with separate
zoned controls
Seating Replacement: replacement of August 2007 115,000.00
mezzanine and balcony seatinq
Total 500,000.00
EXHIBIT "A-l"
LOCA TIONILEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS LOCATED:
See attached Exhibit "A"
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QUIT-CIAIM DEED FROl-1 TRUST COMPANY BA.~K OF AUGUSTA, N. A. TO
IMPERIAL COMMUNITY THEATER, INC.
EXHIBIT "A"
All that lot and parcel of land, with improvement:.S thereon,
situate, lying and being on the North side of Broad street betw~en
Seventh and 'Eighth streets in the city of Augusta, Richlnond county,
Georgia, according to that certain plat for tat Nguyen and Loy Veal
dated January 28, 1985, by Ayer, Graham and Associates, Inc., C.E.,
and recorded in the Office of the clerk of superior court of
RichmOnd eounty, Georgia in Deed Record Book 197, page 11.81. said
lot has a front on the North side of Broad street of 66.69 feet and
extends back between .ap.proximate parallel lines a. distance of
2:1.9.58 feet on the Western boundary, and 218.07 feet on the Eastern
boundary, and having a rear width of 66.70 feet, and being bounded
as follows: North by p.roperty of southeastern Newspapers corp.,
East by an alley 10 feet wide (known as Tubman alley), south by
Broad street, and west by an ~lley which is 10 feet wide, more or
lesS, (known as Kerr'S Lane). with impro='....e.ments thereon known and
designated on sai~ plat as the Imperial BUilding.
~LSO. one-half (1/2) undiv~d~d interest in so much of said TUbman
^-1.1ey fronting 10 feet in width on Broad street as lies betw<c<en the
premises herein conveyed and the property of william E. 1'1urray upon
which there is located the Marion Building, and a right-ot-way
through and ov<;r said alley throughout its entire length from Broad
street to ReynoldS street, to be enjoined in c01l1Illon with the ow-ners
or occupants of all the lots bounding or fronting on said alley.
ALSO the right of ingress and egreSS through and over Kerr'S alley
which bounds the above described property on the West from Broad
street to Reynolds street to be enjoined in common with the owners
of other lots adjoining or abutting upon said alley, with the right
to occupy and maintain on said entrance way from Broad street, the
steps as noW exist from Broad street tOo the rooms locat:ed above th'"
s~ore building located on the within described property.
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Project Description:
The Imperial Theatre is requesting $500,000 in funds from SPLOST Phase V for the
purpose of upgrading and renovating certain areas of the Imperial Theatre. All of the
projects planned complement the Master Plan, currently in effect at the Theatre. Each
project will provide a better venue for performers and patrons. We will be installing a
new marquee on the fayade of the theatre, replacing our sound system, replacing the
upstairs seating, upgrading the HV AC system, replacing the fire curtain and repairing the
fire escapes, and providing improvements to the lobby, entryway and offices of the
Theatre
Each project will have a Request For Proposal and go through a bidding process. We
estimate to complete all projects by September 2007.
Project Budget and Timelines
Agency:
Project Name
Date:
The Imperial Community Theatre, Inc.
Continuation of Imperial Theatre Master Plan
1/01/2007 .
Proi ect Timeline Cost
Marquee Installation: equipment and August 2006 94,700.00
installation
Sound System Equioment and Installation September 2006 153,300.00
HVAC System Enqineering Desiqn January 2007 5,000.00
Fire Curtain: cost of replacement January 2007 40,000.00
Fire Escape replacement on each side of the. January 2007 15,000.00
theatre
Main Office Improvements: infrastructure of February 2007 5,000.00
telephone system uoqrades and equipment
Main Lobby Improvemerits: safety rails for February 2007 6,500.00
main concession area, repairs to plaster
work and windows
Entryway Improvements: lighting in box February 2007 5,500.00
office alcove, replacinq box office windows
HVAC System Upgrades: integration of four April 2007 60,000.00
HVAC systems throughout the theatre,
moisture control system with separate
zoned controls
Seating Replacement: replacement of August 2007 115,000.00
mezzanine and balcony seatinq
Total 500,000.00
EXHIBIT "A-l"
LOCA TlON/LEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS LOCATED:
See attached Exhibit" A"
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QUIT-CLBIM DEED FROIo{ TRUST COMPANY BA1'iK OF AUGUSTA, N. A. TO
IMPERIAL COMMUNITY THEATER, INC.
EXHIBIT "A"
All that lot and parcel of land, with improvemenl:s thereon,
situate, lying and being on the North side of Broad street between
Seventh and Eighth streets in the city of J>.ugusta, Rich1llond county,
Georgia, according to that certain plat for r.,at Nguyen and LaY Veal
dated January 28, 1985, by Ayer, Graham and Associates, Inc., C.E.,
and recorded i.n the Office of the Clerk of superior court of
Richmond County, Georgia in Deed Record Book 197, page 1181. Said
lot has a front on the North side of Broad street of 66.69 feet and
extends back bebleenapproximate parallel lines a, distance of
2~9.58 feet on the Western boundary, and 218.07 feet on the Eastern
boundary, and having a rear width of 66.70 feet, and being bounded
as followS: North by property of southeastern N,ewspapers corp.,
East by an alley 10 feet wide {known as Tubman alleYl, south by
Broad street, and westbY an ",lley which is 10 feet wide, more or
less, (known as Kerr's Lane). with improvements thereon known and
designated on sai~ plat as the Imperial Building.
~LSoone-half (1/2) undiv~d0d interest in so much of said Tubman
a~ley fronting 10 feet in width on Broad street as lies betw~en the
premises herein conveyed and the property of william E. Murray upon
which there is located the Marion Building, and a right-of-way
through and over said alley throughout its entire length from Broad
street to Reynolds street, to be enjoined in common ."ith the o.....ners
or occupants of all the lots bounding or fronting on said alley.
ALSO the right of ingress and egress through and over Kerr'S alley
which bounds the above described property on the West from Broad
street to Reynolds street to be enjoined in common with the owners
of other lots adjoining or abutting upon said alley, with the right
to occupy and maintain on said entrance way from Broad street, the
steps as neW exist from Broad street to the rooms l.ocat:ed abc.:e the
s~ore building located on the within described property.
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