HomeMy WebLinkAboutFacade Grant for Historic Restoration
Augusta Richmond GA
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DOCUMENT TYPE: ClS'u N.,1ft, +
YEAR: '~O l
BOX NUMBER: ) ~
FILE NUMBER: I 54.3, 0;
NUMBER OF PAGES: ~7
STATE OF GEORGIA
COUNTY OF RICHMOND
FACADE GRANT AGREEMENT
This AGREEMENT is made and entered into this 1 st 'day of June, 2001, by and between
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter "AUGUSTA")
and James B. Cranford, Jr., Eldridge A Whitehurst, Jr., and Thomas H. Robertson,
(hereinafter "OWNER"). .
WHEREAS, OWNER is the owner of certain real property located at 226-230 Fifth Street,
Augusta, Georgia, 30901, which is within that certain area known as the Commercial Business
District, the Pinch Gut "Olde Town or Laney Walker Multiple Resource Area (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 & Neighborhood Development
Department ("HND"); 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:
I
1. FACADE GRANT
The Grant is in the total amount of Ninety Thousand 00/100 Dollars ($ 90,000) 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. LEAD-BASED PAINT
i. TestinQ and Notification ,- Owner hereby agrees to have the
Property tested for lead-based paint ("LBP") by a firm certified to
perform such testing, with any laboratory used to be accredited for
analysis of heavy metals by the Untied States Environmental
Agency, or a national laboratory accreditation organization.
OWNER agrees to provide the results of such testing to HND
within fifteen (15) days of notification of approval of Owner's
fa<;ade grant application. N/A
ii. Action upon results - The results of the LBP testing referenced in
subsection a., above, will' be analyzed by HND's architect (the
"Architect") and OWNER will be notified of the appropriate actions
to be taken, which may include: (1) execution of a "Letter of
Agreement - Abatement of Lead-Based Paint," which obligates the
OWNER to abate the LBP, which abatement must be completed
by the OWNER at the OWNER's sole expense within 15 days of
the execution of the Letter of Agreement; (2) execution of a
"Letter of Agreement - Non-Abatement of LBP," in the event that
the LBP is not required to be abated; or (3) such other action as
may be necessary to effectuate the findings of the Architect.
Once the required actions are complete, OWNER shall submit to
HND a certification that the Property is non-hazardous. Work on
the Property shall not begin until HND's receipt of said
certification. N/A
b. 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.
Page 1 of5
c. 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.
d. ACCEPTANCE OF CONTRACTOR BID
The HND shall arrange for the Project to be bid upon by qualified bidders and .
shall award the Project to the successful bidder (the "Contractor") according to
AUGUSTA's requirements for the same. OWNER shall be required to accept, in
writing, the Contractor's bid before work on the Project may begin. In the event
that the OWNER does not agree to accept the Contractor's bid, 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 AUGUSTA's costs in securing bids for the Project.
e. PRECONSTRUCTION CONFERENCE
OWNER agrees to attend a Preconstruction Conference to be arranged by the
HND, at which Conference the OWNER, Contractor, Architect and HND staff will
discuss the Project and the obligations and responsibilities of all parties.
f. 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.
g. CHANGE ORDERS; OWNER'S REQUIREMENT TO MAKE PAYMENTS
OWNER agrees that any cost associated with change orders as to the Project is
his/herlits/ sole responsibility, and that said change orders shall not be made
effective until payment associated with same is received by HND. Payment shall
be made by certified check.
h. 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, said Rehab Work to 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 HND
of completion of the Rehab Work and to allow HND to perform a final inspection
of the Rehab Work as soon as practicable after completion. OWNER agrees to
provide HND, 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. 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
Page 2 of 5
"
from the date of this Agreement. A certificate such as insurance coverage shall
be provided to HND simultaneously with the execution of this Agreement.
i. CERTIFICATION REGARDING USE
OWNER agrees that, once the Property has been rehabilitated and/or restored
as contemplated herein, the Property will be used as the building known as
"(address) 226-230 Fifth Street".
j. PAYMENT TO AUGUSTA WHERE MATCHING REQUIREMENTS NOT
MET
OWNER agrees that if he/she/it does not meet all matching requirements as
outlined in this Agreement, that he/she/it shall pay to 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.
k. 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 Fa9ade
which in any way affects or requires work to be performed on any exterior portion
or feature of the Fa9ade of the building or structure in question, or which changes
the external physical appearance of the Fa9ade 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
Fa9ade.
OWNER further represents and warrants that OWNER shall retain and maintain
the Fa9ade intact and in the design and character achieved after the Project is
complete, and to, at all time, maintain the Fa9ade in good condition and repair.
In the event OWNER fails to retain and maintain the Fa9ade 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. RESPONSIBLlTIES 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. This responsibility does
not include contacting agencies in connection with LBP, which is addressed in
Section 1.a. hereof.
Page 3 of5
d. SELECTION OF CONTRACTOR
AUGUSTA shall perform other administrative functions as may appropriate for it
to perform and as may be necessary for the completion of the Project.
4. TERM OF AGREEMENT; TERMINATION
The term of this Agreement begins as of the date first above written, and extends
until completion of the Project and the Rehab Work, all to the satisfaction 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 of 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.
Page 4 of5
WHEREFORE, the undersigned have set their hands and seals as of the date first
above written.
a
Eldridge A. Whitehurst, Jr.
Tht=Jt~
~y: Bob Young
rr As its Mayor
'.-
[SEAL]
Page 5 of 5
Office of The Administrator
George R. Kol
Administrato
Post-it- Fax Note
7671
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Walter S. Hornsb
Deputy Administl
To
Phone #
Phone "
Fax #
Fax It
May 1, 2001
Mr. Keven Mad,
Housing & Neighborhood Development Director
One Tenth Street
August'''. GA 3090 I
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Deal' l(even:
,
TIle August'a Commission, at their regular meeting held Tuesday, MilY 1, 2001, took action 01
the following irems.
~
28.
Approved additional $60,000 of f.]~ade fi.mds for the buildinM' located <It 226-230 5th Sr.'eeL
(Deferred from Administrative Services Committee April 9, 2001)
n. Approved proposed Funding ReGlpnlTe Policy to assi~1: August'J. Richmond County to meet
H U D's regulatory standard.
33. Approved recomnlt:ndation from the Director recommending approval t.o rnise the individuill
pr~ject funding limit for ule Housing & Neighborhood Development Departmellt HOllsing
Reh:,biliratton Program. ..' ,
35. Approved the reprogramming of 200'1 CDBG funds in the amount of $50,000 for renovations
1'0 Jones Pool, $60.000 for renovations to W, T, Johnsoll COlllllluniry C~nter and $100,00 for
Doughty Pnrk; .md clirectl::cl dle HOllsing & Ncighborh'ood Development Dire~'"tor to submit a'
recommendiltton at the next Adminisn'ativl! St:rvh:es Committee 011 the llse of available
reprogrammed CDBG funds for the proposed. Apple V<lltey ParI< ilnd directed the Recl'e4ltion &
PJrks Director to file a 2002 Application for CDGB fundin15for the Apple Valley Park project,
If YOll have any questions, please contllC! l11e.
05-0'1-0 I: #28, #,2, #33, #35
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Office of the Administrator
Charles R. Oliver, PE CPA
Administrator
Walter S, Hornsby, III
Deputy Administrator
Room 801 . Munldpal Building
530 Greene Street. AUGUSTA, GA 30911
(706) 821.2400 . FAX (706) 821-2819
February 2, 1999
Mr. Keven 1. Mack, Director
Housing & Neighborhood Department
Riverfront Center, #1 Tenth Street
Augusta, Georgia 30901
Dear Keven,
The Augusta Commission, at their Regular Meeting held Monday, February. 1, 1999,
approved funding in the amount of $60,000 from the Augusta-Riclunond County. Fayade
Rehabilitation Grant Program for the rehabilitation of property located at 226 - 230 Fifth Street
as approved and recommended by the Housing & Neighborhood Development Citizens Advisory
Board, subject to additional information. (Funded by CDBG Funds.) (Recommended by the
Administrative Services Committee at their meeting held January 26, 1999.)
Should you have any questions in this regard, please do not hesitate to call.
Sincerely,
47Jd;"/~ -
Walter S. Ho~s~
Deputy AdministratOr
WSH, IlI/shw
Cc: Mr. Lon Morrey
Mrs, Donna Williams
2-1-99-#8
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