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HomeMy WebLinkAboutMichael J. Harrison Augusta Richmond GA DOCUMENT NAME: 01JW8;\0->/ DfD~ '* m\ctJOd 0. Wl'(n&JJ DOCUMENT TYPE: ~'(~ YEAR: D c9 BOX NUMBER: \ 5 FILE NUMBER: \~ NUMBER OF PAGES: 6 .. .. STATE OF GEORGIA (b(Q)fV COUNTY OF RICHMOND FA<;ADE GRANT AGREEMENT This AGREEMENT is made and entered into this 8th day of April, 2002, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter "AUGUSTA") and Michael J. Harrison (hereinafter "OWNER"). WHEREAS, OWNER is the owner of certain real property located at 937 Ellis 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 fac;ade (the "Fac;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: 1. FA<;ADE GRANT The Grant is in the total amount of Fifteen Thousand Dollars 00/100 ($ 15,000.00) and is for the purpose of Historic Restoration of the fac;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 fac;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 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. Page 1 of 5 .. d. 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. . e. SIGNAGE ON PROPERTY OWNER agrees to remove and replace any non-conforming sign age 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/its/ 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. 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, said Rehab Work to have a value equivalent to the amount of the fa9ade 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 from the date of this Agreement. A certificate such as insurance coverage shall be provided to HND simultaneously with the execution of this Agreement. h. 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) 937 Ellis Street". i. 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 Page 2 of5 ., 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 Fayade which in any way affects or requires work to be performed on any exterior portion or feature of the Fayade of the building or structure in question, or which changes the external physical appearance of the Fayade 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 Fac;ade. OWNER further represents and warrants that OWNER shall retain and maintain the Fayade intact and in the design and character achieved after the Project is complete, and to, at all time, maintain the Fac;ade in good condition and repair. In the event OWNER fails to retain and maintain the Fac;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. 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. 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, Page 3 of5 .. 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. Page 4 of5 ~ -; WHEREFORE, the undersigned have set their hands and seals as of the date first above written. OWNE~ It ....._~ Michael~ '- ~~ Sworn to and subscribed before me this t>tA- day of ~'L ,OlCO.2..-- };;.\ .~~1I'~ 2' ~-;, C -tv1Y fOfl:Q11ssion Expires: ! ~ t .. ND.rAAfflUBl tIf; r.nWMBIA COONfY, GEORGIA ~ ~ :\.2 '- ilKt ~ EXPIRfS DECEMBER 20, 2002 ~~~< ~~, . -.::';i- ~f ~/ ;:. ~~-l~--" t.',...... ,,-'>1-... , . ~ "- ~ .( I ~ ATTEST: "'I/~", .-'" ~/-" " " , ~ '. .. - - --~-~ :.. ,,...;L, [S~Ll'<' ..,- . --.- ,- d&~ As its Clerk Page 5 of 5 --- -.,