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HomeMy WebLinkAboutJOINT RESOLUTION PUBLIC FACILITIES AMENDMENT HEATON STADUIM JOINT RESOLUTION , .. A JOINT RESOLUTION OF THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY, GEORGIA ("COUNTY") AND THE CITY COUNCIL OF AUGUSTA, GEORGIA ("CITY") AMENDING THEIR JOINT RESOLUTION (HEREINAFTER THE "JOINT RESOLUTION") ADOPTED BY THE CITY ON MARCH 21, 1994 AND BY THE COUNTY ON APRIL 5, 1994 ESTABLISHING A COMMISSION TO BE KNOWN AS THE AUGUSTA-RICHMOND COUNTY STADIUM COMMISSION FOR THE OPERATION AND SUPERVISION OF HEATON FIELD STADIUM; TO PROVIDE FOR THE ORGANIZATION THE DUTIES AND RESPONSIBILITIES OF SUCH COMMISSION; TO AUTHORIZE THE COUNTY AND CITY TO ENTER INTO CERTAIN PUBLIC FACILITY LEASE AGREEMENT WITH REGARD TO THE CONSTRUCTION, MANAGEMENT, AND OPERATION OF HEATON FIELD STADIUM; AND TO PROVIDE FOR THE FUNDING OF THE CONSTRUCTION OF HEATON FIELD STADIUM AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH R. W. ALLEN & ASSOCIATES FOR THE CONSTRUCTION OF.SAME CERTAIN RENOVATIONS AND IMPROVEMENTS TO HEATON STADIUM. WHEREAS, the City and the County adopted on March 21, 1994 and April 5, 1994, respectively, a Joint Resolution establishing a Commission to be known as the Augusta-Richmond County Stadium Commission for the Operation and Supervision of Heaton Field Stadium; to provide for the organization the duties and responsibilities of such Commission; to authorize the County and City to enter into certain Public Facility Lease Agreement with regard to the construction, management and operation of Heaton Field Stadium; and to provide for the funding of the construction of Heaton Field Stadium. WHEREAS, the County and City desire to amend said resolution as hereinafter set forth. NOW THEREFORE, BE IT RESOLVED by the County and City that said "Joint Resolution" adopted by the City on March 21, 1994 and by the County on April 5, 1994 is hereby amended as follows: 1. By adding to Paragraph numbered 1 of said Joint Resolution, the following: "That certain Public Facility Lease Agreement between the Board of Commissioners of Richmond County, Georgia, and The City Council of Augusta, Georgia, as Lessors, and Scripps Baseball Group, Inc., as Lessee, attached as Exhibit A to said Joint Resolution heretofore adopted by City and County shall be amended as set forth in the 'Amendment to Public Facility Lease Agreement' attached hereto as Exhibit 1, which said' amendment is hereby approved by the County and ci ty and the Chairman of the Board of Commissioners of Richmond County and the Mayor of the City of Augusta are authorized to execute and deliver the same on behalf of the County and City, respectively. following: of said Joint Resolution and substituting in lieu thereof the 2. By striking the first sentence of paragraph numbered 3 "The Commission shall hold an organizational meeting on or before the first Thursday in the month next succeeding the adoption of this Joint Resolution, as amended, in the offices of the City Council of Augusta." following. Resolution in its entirety and substituting in lieu thereof the 3 . By striking paragraph numbered 6 of said Joint "6. It is agreed that all expenditures for construction and renovation of Heaton Stadium (exclusive of design costs) as provided in said Lease, up to a maximum of $1,799,000.00 by the County and $1,799,000.00 by the City, shall be paid by the County's paying one-half of such approved draw request and the City's paying one- half of such approved draw request. In no event shall either the County or City be obligated to pay in excess of $1,799,000.00 for the construction and renovation of Heaton Stadium (exclusive of design costs) as provided under said Public Facility Lease, as amended as herein provided. Further, in no event shall either the County or the City be required to pay more than one-half of any approved draw request or more than one-half of the total payments for design work; it beingspecifically understood and agreed that each such draw request for design, construction or renovation shall be paid equally by said governing bodies. If City has, prior to the date of adoption of the original said Joint Resolution, made any payments for design work for 2 r\ which County has not paid one-half, the County shall reimburse the City for one-half of the design fees incurred within ten (10) days of receiving from the City a copy of all design bills paid by the City." provide as follows: 4. By adding thereto two additional paragraphs which shall County, Council "11. That the "AIA Standard Form of Agreement Between Owner and Contractor" between the City, the County, R. W. Allen & Associates, Inc. and The Woodhurst Partnership attached hereto as Exhibit 2 is hereby approved and the Mayor of the City of Augusta and the Chairman of the Board of Commissioners are authorized to execute and deliver the same on behalf of the County and the City, respectively. No change order entered into with respect to said contract shall be binding on the City or the County unless specifically approved by them in advance in writing. In the event of the approval of any such change order resul ts in any decrease or increase in the contract price the same shall be shared or paid in equal shares by County and City. 12. This Resolution shall not be effective (and no action taken pursuant hereto either by the City or County shall be authorized) until this resolution has been duly adopted by both Board of Commissioners of Richmond County and the City Council of Augusta." Duly adopted by the Board of Commissioners of Richmond Georgia on, the (,!!: day of ~tH4il-r , 1994, and The City of Augusta on the bt~day ofSEPre/M..{lefC, 1994. BOARD OF COMMIS IONERS OF RICHMOND COUNT , GEORGIA By: As ~ ATTEST: County 3 made as ofche seventh Ninereen Hundred and N in e t y - f 0 u r , day of September in the year of THE AMERICAN INSTITUTE o F A R.C HIT E C T ~ - lIf AlA Document AlOl Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition oj AlA Document A201, General Conditions of tbe Contract for Construction, is adopted in tbis document by reference. Do nOt use witb otber general conditions unless tbis document is mOdified. This document has been approved and endorsed bv The Associated Gener.xi COntl':lCtOrs of Amerio. AGREEMENT BETWEEN the Owner: The City Council of Augusta and the ComractOr: R.W. Allen & Associates, Inc. and, Richmond County, Georgia, as set forth in Paragraph 7.3 The Project is: AUGUSTA-RICHMOND COUNTY BALLPARK, Augusta, Georgia, The Archirect is; The Woodhurst Partnership 607 Fifteenth Street Augusta, Georgia 30901 The Owner and ComractOr agree as set fonh below. Copyright 191 S, 1918. 1925, 1937. 1951, 1958.1961. 1963. 1967. 1974. 1977, @1987 bv The Americ= Institute of Archi. tects. 1735 :-<ew York Avenue. N.W.. Washingcon. D.C. 20006. Reoroductlon of the mater:al herem or suost:loclal qUOC:lClOn of its provisions wicnout wmten permiSSion or the AlA vloiates the COPYrIght laws of the United States :md WIll be sublect to legal prosecution. . AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREE~ENT . TWEU'TH EDITION . AlA~ . @1987 THE N\IERlCAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHIN"TON. D.C. 20006 A101-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (Gener:U, Supplemenury :md other Conditions), Drawings, SpecifiOtions, Addenda issued prior to execucion of this Agreement, other documents listed in this Agreemem :md ModifiCItiOns issued after execution of this Agreement; these form the ConCl':lct, and are as fully a pare of the Contract :lS if attached to this Agreement or repeated herein. The Concract represents the entire :md integr:lted agreement between the pareies herc::to and supersedes prior negotiations, represenutions or agreements, either wrircen or ora!. An enumeration of the Concract Documents, other than ModifiCltiOns, appears in Artide 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Concl':lctor sh:1l1 execute the entire Work described in the Coritl':lCt DocumentS, except to the extent speCifically indicated in the Coml':lCt DocumentS to be the responsibility of ochers, ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from whiCh the Contract Time of Paragraph 3.2 is me:1Sured, and shall be the date of this Agreement. as firSt written above, unless a different date is stated below or prOvision is made for the dace to be fixed in a nOtice to proceed issued by the Owner. 3.2 The Contraccor shall achieve Substantial Completion of the entire Work not later than A p r i 1 7, 1 9 9 5 , , subject co adjustments of this COntl':lct Time as provided in the COntl':lct Documents. The Con t r act 0 rag r e e s to pay to the Owner and Richmond County jointly, as liquidated damages, the sum of $1000.00 for each consecutive calendar day, aft~r the established date of SUbstantial Completion, that the work IS not substantially complete. AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT' TWELFTH EDlTlON . AIA<5 . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contl':lccor in current funds for the Contl':lccor's perform:mce of the Contl':lct the Contl':lct Sum of T h r e e Mill ion F i ve Hun d red N i net y - e i g h t Tho usa n d and 0 0 / 1 0 0 - - - - Dollars ($ 3 5 9 8 , 0 0 0 . 00 ). subject to additions md deductions :IS provided in the Con- tl':lct Documents. 4.2 The Contract Sum is based upon the following alternates. if my, which are described in the COntl':lct Documents :md are hereby accepted by the Owner: Alternate 2: Alternate 3: Alternate 4: Alternate 6: Alternate 7: Alternate 10: Alternate 11: Alternate 15: Alternate 17: Alternate 18: Alternate 19: Delete the Maintenance Building. Delete the sign fence panels. Delete Radford Park site development and parking. Delete the visiting team lockers. Delete the home team lockers. Delete a portion of the concrete paving; reduce 10'-0" wide walks to 6"-0" wide. Delete 2 inch gravel layer in the playing field. Delete dugout benches and bat racks. Delete landscaping except grassing. Delete sound deadening material at aluminum grandstand aisles. Revise aisle handrails and bench seat mounting. 4.3 Revisions: (1) Delete foundation drains at locker room areas. (2) Delete two telephone enclosures and two telephone kiosks. (3) Delete three flagpoles. (4) Revise certain details as agreed. (5) Grandstand supplier voluntary reduction. (6) Early purchase and storage of grandstand materials. 4.4 Post Bid Addendum No.1. AlA OOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A101-1987 3 AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. ....lA.. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VEl'lUE. N.W.. WASHINGTON. D.C. 20006 A101-1987 4 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon AppliCltions for P2yment submitted to the Architect by the Contl':lctor and Certific:lCes for Payment issued by the Architect, the Owner shall make progress payments on account of the COntl':lct Sum to the Contl':lctor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by och AppliCltion for Payment ~hall be one CLIendar month ending on the last day of the month, or as follows: . 5.3 Provided an Application for Payment is received by the Architect not later than the fir s t day of a month, the Owner shall make payment to the Contractor not later than the f i f tee nth clay of the s ani e month. If an Application for Payment is received by the Architect after the application c1ate fixed above, payment shall be made. by the Owner not later than clays after the Architect receives the AppliCltion for Payment. 5.4 Each AppliCltion for Payment shall be based upon the Schedule of Values submitted by the ContractOr in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such c1ata to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contl':lctor's Applications for Paymem. . 5.5 Applications for Payment shall indicate the percentage of completion of och portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each. progress payment shall be computed as follows: 5.6.1 Take that portion of the COntl':lct Sum properly allocable to completed Work as determined by multiplying the percentage completion of och portion of the Work by the share of the total Contract Sum alloClted to that portion of the Work in the Schedule of Values, less retainage of ten percent ( 1 0 %). Pending final determination of COSt to the Owner of changes in the Work, amounts not in dispute may be induded as provided in Subparagraph 7.3.7 of the General Conditions even though the Comract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the COntl':lct Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stOred off the site at a location agreed upon in writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner: and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to n i net y percent ( 9 0 %) of the Contl':lct Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims: and 5.7.2 Add, if filla! completion of the Work is there:Ui:er materially delayed through no fault of the Contl':lctOr, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balmce of the Contract Sum, shall be made by the Owner to the Contl':lctor when (1) the Contract ?as b~en fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Wor~ as provIded In Subparagraph 12.2.2 of the General Conditions md to satisfy other requirements, if my, which necessarily survIve final payment; and (2) a final Cenificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more thm 30 days after the issuance of.the Architect's final Cenificate for Payment.' ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or mother Contract Document, the ref- erence refers to that provision as amended or supplemented by ocher provisions of the Contract Documents. 7.2 Other provisions: "Scripps Baseball Group, Inc. ("Scripps"), who owns the Augusta GreenJackets, has leased the new stadium from the owners. The GreenJackets are required to play in a stadium which meets the standards for Class A Minor League Clubs and it is essential to scripps that such a facility be constructed in time for the 1995 GreenJackets' season for Scripps to satisfy its contractual Obligations. Therefore, the parties hereto acknowledge that Scripps is intended to be, and shall be, a third party beneficiary of this contract and shall have the right to bring legal or equitable actions to enforce it and recover damages for any breach by the contractor." 7.3 Richmond County, as a Lessor of the new stadium, is a party to this Contract for the limited purpose of agreeing to pay one-half of the Contract price (as adjusted by any'change orders approved by the County and the City) based upon.the Contractor's Application for Payment, approved as provided in Article 5 and Article 6 hereof. Further, no change order entered into with respect to this Contract shall be binding unless specifically approved by Richmond County and The City Council of Augusta in advance, in writing. 7.4 This Contract is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, ~! ~~~. In the event any provision of the Contract is incon- sistent with any provision of the Prompt Pay Act, the provision of the Contract shall control. ARTICLE 8 TERMINA TION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. NW. WASHINGTON. D.C. 20006 A101-1987' 5 AlA DOCUMENT Al01 . OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 6 ARTICLE 9 ENUMERA nON OF CONTRACT DOCUMENTS 9.1 The Contract DocumentS, except for Modificuions issued after execution of this Agreement, are enumel':lted as follows: 9.1.1 The Agreement is this executed Sundaid Form of Agreement Between Owner:md Contractor, AIA Document Al 0 1, 1987 Edition. 9.1.2 9.1.3 The Gener.xi Conditions are the General Conditions of the Contract for Construction, AIA Document A20 I, 1987 Edition. . . The Supplementary md other Conditions of the Contract are those contained in the Project Mmual dated J u 1 Y 5 I 1 9 9 4 . md are as follows: Document Title Pages 1 thru 10 Supplementary Conditions 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, md are as follows: Section Title Pages 01010 thru 16210 as listed in the Table of Contents 01010-1 thru 16210-2. AlA DOCUMENT A101 . OWNER.CONTRACTOR AGREEMENT' TWELFTH EDITION' AlA'" . @1987 THE AMERICAN INSTITIJTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1'987 7 9.1.5 The DGlwings are as follows, and are dated J u 1 y 5, 1 9 94 unless a different date is shown below: Number Title Date CS-1 C-1 thruC-7 A-1 thru A-19 S-1 thru S-10 P-1 thru P-5 M-1 thru M-4 E-1 thru E-14 Title Sheet Civil Engineering Drawings Architectural Drawings Structural Engineering Drawings Plumbing Drawings Mechanical (HVAC) Drawings Electrical Engineering Drawings 9.1.6 The Addenda, if any, are :l.S follows: Number Date Pages Addendum No.1 August 8, 1994 AD1-1 thru AD1-2 Addendum No.2 August 10, 1994 AD2-1 thru AD2-4 Plus Attachments Portions of Addenda relating ro bidding requiremenrs are not part of the COntl':lct Documenrs unless rhe bidding requirements are also enumerated in rhis Article 9. ~ 06-.\ Charles A. Devane , Mayor Attest41l4fl~ Cha' man, ' , ~-'~ At t e s , .' 9/1[/a&!:J.{lh / C~~Y-Ad~;~19 9.1.7 Other documents, Documents are as if any , follows: forming part of the Contract Invitation to Bid and Instructions to Bidders bound in the project Manual, dated July 5,1994, and the completed Bid Form signed, sealed and delivered by the Contractor on August 16, 1994. This Agreement is entered into as of the day and year first written above and is executed in at least three original ~opies of which one is to be delivered to the Contractor, one to the Architect ~or use in the admin- istration of the Contract, and the remainder to the Owner. OWNER THE CITY COUNCIL OF AUGUSTA ~ RICHMOND COUNTY, GEORGIA CONTRACTOR R. W. ALLEN & ASSOCIATES, INC. R. W. Allen, President Attest~___ ~, if E)(H/B/T 1- I, AMENDMENT TO PUBLIC FACILITY LEASE AGREEMENT THIS AMENDMENT to that PUBLIC FACILITY LEASE AGREE~N~ dated May 9, ),..2.21. is made and entered into on this b1- .,.. day of ~nCJ{A'f;.aL,. 1994, by and among THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY, GEORGIA, hereinafter "Richmond County", a political subdivision of the State of Georgia, and THE CITY COUNCIL OF AUGUSTA, GEORGIA, hereinafter "City of Augusta", a municipal corporation of the Stat~ of Georgia, the joint owners of the Facility, hereinafter "LESSOR", SCRIPPS BASEBALL GROUP, INC., a Georgia corporation, hereina:fter "TEAM" or "LESSEE" and William H. Scripps, hereinafter "GUARANTOR". WITNESSETH: 1. On May 9, 1994, Richmond County, the City of Augusta, Scripps. Baseball Group, Inc. and the Guarantor entered into a PUBLIC FACILITY LEASE AGREEMENT. 2. In consideration of Ten Dollars ($10.00) paid by each party to the other, the receipt and adequacy of which is hereby acknowledged, each party to this Amendment hereby agrees that said PUBLIC FACILITY LEASE AGREEMENT of May 9, 1994 is amended as follows: a. section 6 entitled "CONSTRUCTION OF FACILITY" is amended by deleting the words "One Million Five Hundred Thousand and NO/100 Dollars ($1,500,000.00) on lines two and three and on lines ten and eleven and inserting One Million Seven Hundred Ninety-Nine Thousand and No/100 Dollars ($1,799,000.00) in place thereof so that as amended the first three sentences of section 6 shall read as follows: "The city and County each agree to incur costs not to exceed One Million Seven Hundred Ninety-Nine Thousand and NO/100 Dollars ($1,799,000.00) each for the construction of improvements and renovations, excluding design costs, to Heaton Field which shall be so constructed, lighted and equipped at least to meet the minimum standards of the Professions Baseball Agreement of 1991. The expenses to be incurred are listed in Exhibit 2 attached hereto. Subj ect to the spending limitations CITY agrees, immediately after the execution of this Agreement, to construct the Facili ty at a cost and expense to the CITY and County not to exceed One Million Seven Hundred Ninety- Nine Thousand and NO/100 Dollars ($1,799,000.00) each, excluding design costs, and not at the cost and expense of TEAM, as expeditiously as possible, for use by TEAM pursuant to this Agreement. b. section 40 enti'tled "RIGHT OF CANCELLATION" is deleted and each party hereto acknowledges it waives, surrenders and relinquishes its right of cancellation. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to the PUBLIC FACILITY LEASE AGREEMENT be executed in several counterparts, each of which shall constitute an original. and all of which, taken together, shall constitute a single instrument, by the appropriatp officials and the necessary seals to be affixed thereto on the k?t1f day of S"fE;p-rE:IU.l58Z , 1994. Scripps Baseball Group, Inc. B~~~~~' Its esi en for County, Georgia My Commission expir~ i\I~ PUbfl,c, ~chmond County, Georgia Y CommlSS10l1 Expires April 25, 1997 ~!xh~aM;t JA..(~_L! /J7m~ Attest: N~~~liC tor . ~~~ County, Georgia . Notary Public, Columbia County, Georgia My Commission expl.res My Commission Expires June 21. 1998 B ~ The Board of Commissioners of Richmond C unty, Georgia ess ! L u \f. <h.~u\DtA.Q Notary Public for ;-\\ Q '\ &"'^-.D")-.J:) County, Georg ia My COll'lmission expires NOfary,I'ubllo, Rlohmond Cty., Georgri M~ OIlI..I..i:>~i6.. e)q~;;I;':' Sept. 16. :l99~. j It~ Attest: · . \ County Administrato ~i~iam ~~~ Guarantor Georgia My Commission expires -, " ''',"''1.'''1i^.'",,: ~Public. Richmcnd County, ~,."...;l'\ Y Commission Expires April 25. .". Very truly yours, ~If~ Paul H. Dunbar, III . PAUL H. DUNBAR, III City Attorney September 7, 1994 Mr. Charles Dillard Acting Administrator The City Council of Augusta Augusta-Richmond County Municipal Building Augusta, Georgia 30911 Re: Baseball Stadium Dear Charles: I am forwarding to you enclosed herewith the following documents: 1. One of the duplicate original Joint Resolutions adopted by both the City Council and Richmond County on September 6, 1994. This duplicate original of the Joint Resolution should be delivered to the Clerk of Council for filing with the other original City Council Resolutions. The other duplicate original is being retained by Richmond County. . 2. Executed Standard Form of Agreement Between Owner and Contractor dated September 7, 1994 between The City Council of Augusta, R. W. Allen 7 Associates, Inc. and Richmond County, Georgia. pertaining to construction of the Augusta-Richmond County Ballpark~ 3. Amendment to Public Facility Lease Agreement dated September 6, 1994 executed by Scripps Baseball Group, Inc., The City Council of Augusta and The Board of Commissioners of Richmond County, Georgia. With all best wishes, I remain, PHD,III/tls Enclosures FIFTEENTH FLOOR, FIRST UNION BANK BUILDING, AUGUSTA, GEORylA 30910-2599 TELEPHONE: (706) 722-7542 FAX: (706) 724-7776. Paul H. Dunbar, III PAUL H. DUNBAR, \II City Attorney September 1, 1994 Mr. Jim Wall Burnside, Wall, Daniel & Ellison Via Facsimile 722-5984 Mr. Lawton Jordan, Jr. Hull, Towill, Norman & Barrett Via Facsimile 722-7194 Re: Heaton Field Stadium Gentlemen: I am forwarding to you enclosed herewith for your review a proposed Joint Resolution of the City and the County Commission amending the prior Joint Resolution they adopted earlier this year with regard to the construction and leasing of the new baseball stadium. This resolution also authorizes the City and the County to modify the Public Facility Lease Agreement in accordance with the documents Lawton prepared and to execute the standard form of AIA Contract with R. W. Allen & Associates for the construction of the new stadium. I have not seen a copy of the proposed Construction Contract, however, Bob Woodhurst advises me that it is to be on the standard AIA form and he will furnish us with a copy of it as soon as the price of a few minor items are finally agreed upon. Please let me know if this proposed resolution is acceptable to you. As you know, City Council meets next Tuesday, and I would like to have this matter placed on the Council agenda for that meeting if possible. With all best wishes, I remain, Very truly yours, ~ PHD,III/tls Enclosure 7- 51~~:b rht Pc ~~ er;~ fp:VJ,~ /!/to ~h/~ q- 1i3cG I (11/11) " FIFTEENTH FLOOR, FIRST UNION 'BANK SUI LDING, AUGUSTA, GEORGIA 30910-2599 TELEPHONE: (706) 722-7542 FAX: (706) 724-7776