HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN AUGUSTA GA AND ASSET PROPERTY DISPOSITION INC FOR PROPERTY ACQUISITION SERVICES ( FIRST AND SECOND AMENDMENTS APD URBAN PLANNING AND MANAGEMENT LLC i �
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PR FE SIUNAL SERVICES A TWEEN
AUGUSTA, GEORGIA AND ASSET PROPERTY DISPOSITION, INC.
FUR
PROPERT"Y ACQUIS�TI4N SERVICES
This Agreement is made and entered inta this t�l day of Dece�gr_, aoo8, by and between
Augu.sta, Georgia, by and through the Angusta-Richmond County Cornmissian, (hereinafter
referred to as "Grantee"), and Asset Praperty Disposition, �'nc., (hereinafter referreci to as
the "Consultant").
WITNESSETH
wHEREAS, the Grantee is und�rtaking certain activities related to the revitalization of certain
neighborhoods; and
WHERFAS, fhe Grantee desires to engage the Consultant for the purpose of acquiring real
properry to include vacant lots, vacant bui.ldings and occupied properties for the development of
historic Laney-Walker and Bethlehem neighborhoods; and
WHEREAS, the Grantee will utilize non-federal and federal Community Development Black
Grant and HOME investment Partnership funds for acquisition purposes; and
WHEREAS, the Grantee requires Consultan# to comply with the Cornmunity I7evelopment Biock
Granfi Program reguiations at 24 CFR Part 570, HOME Irrvestment Partnerships Program
regttlations at a4 CFR 92 and the Uni�orm Rel�cation Assistance and Real Property Acquisition
Policies Act of a.97o, as amended, at 4g C�R 24.
N4W, THEREFORE, the parties hereto do mutually agree as follows:
i. �MPLOY�.VIEN�' O�' C4NSUI.TANT. Gxantee agrees to engage the Constaltant, and
the Cansultant agrees to provide consultant services which shall involve the
acquisition of pra�erties in the historic Laney-Walker and Bethlehem
neighborhaods.
a. SCOPE �F �,ERVICES. The Consultant will provide the services ("Services" set forth
in Appendix A, attached hereto and incarporated hereizi by re£erence.
It is understood and agreed by the parties that the services of the Consultant do not
include any of the following: the disbursement or account of funds distributed by the
Grantee's financial officer, legal advice, fiscal audits or assistance �vzth activities not
related to this project.
3. ��N. The Grantee's designated liaisan with the Consultant is Chester A.
Wheeler, III, Director of the Augusta Con�rnunity Development Department. The
Consultant's designated liaison with the Grantee is 4. Jesse Wiies.
�}. EFFECTNE DATE AND T'IME OF P'ERFORMANCE. This Cantract takes effect on
December 4, 2oa8, with the Grantee's right to renew contract terms, conditions and
compensation anrivally until December 3, 2oii. Grantee may discontinue contract
after one year or at any time during the eontract period with 3o days notice to
Consultant,
�, Asset P�operty Dispositlon, Inc, Property Acquisfdon Agreement
�. CQMPE�TSATrQN. For the satisfactory completion of the services to be provided
Lrnder this Contract, the Grantee wili pay the Consultant a smm �ot ta exceed One
Hundred Twenty-Three Thausand, Seveniy-Two Dollars and no cez�ts ($�23�07
annually, which the Grantee agrees ta pay as set forth in "Appendix B-
Campensation/Budget", attached hereto and incorporated herein by reference.
Compensation f�r services will be provided in installnnents, based on actual work
performed based upon the completion of key companents of the project deliverables,
The Consultant may submit monthly requests for payment, based on actual work
performed, which must be accompanied by ai�. itemized invoice describing the
sezvices furnished, the i�umber of hours worlced ta accomplish each item, the amaunt
being billed for each item, a description of any ather eligible e�enses incurred
daring the billing period, and the total amount being billed.
6. I�TT?El'EN,��NT EQNT��"OR. It is understaod by the parties hereto that the
Consultant is an independent contractor and as such, neither it nar its employees, if
any, are employees of the GrAntee for purposes of taac, retire�nent system, or social
security (FICA) withholding. It is further understood that fihe Consultant will
maintain at its expense £ox the duration of this Contract, coverage in a workers'
comp�nsation plan for its principles and emglayees for the services to be perforrned
hereunder.
�. ELIGIBI�,T�'Y. The Consultairt certifies that the Consultant's firm and the firm's
principals are not debarred, suspended, voluntarzly excluded, or otherwise ineli.gible
far participation in federally assisted contracts under Executive Order i2�4q;
"Debarment and Suspension" [24 CFR 24.50,�.
8. CONFLICT OF INTEREST. Tlae Consultant covenants that it presenfily has no
interest and will not acquire any interest, direct or indirect, in the project that would
confiict in any manner ar degree with the performAnce of its services hereunder. The
Consultant further covenanta that, in performing this Contract, it will employ no
person who has any such interest,
9. E�1'f'TRE AGREEMENT: MODIFICATIQN, This Contract contains the entire
agreement between the parties, and no statements, promises or inducements made
by either party, or agents of either parly, that are not cantained in the written
Gontract, are valid ox binding. No changes, amendments or alteration.s shall be
effective unless in writing and signed by bo�i parties. The Coz�sultant specifica}ly
acknawledges that in entering into and executing this agreement, Consultant relies
sotely upon the provisions contained in this agreement and not flthers.
io. �TQN-ASSIGNMENT OF AC�REEMENT. Inasmuch as this agreement is intended to
secure the speeialized services of the Consultant, Consultant may not assign its
rights, including the cight to compensation, tx•ansfer, delegate or subcontract any
interest herein without the prior written cons�nt of Grantee. Any subcontractor or
assignee will be bound by ali the terms and conditions of this contract.
ii, A�SICNMEN'T QF PERSONN�L. The Consultant shall not substitute any personnel
for thase specifically named in its proposal unless personnel with substantially equal
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. , Asset Property p�spasition, Inc, Property Acquisitlon Agreement
or better qual'rficafiians and experience are provided and acceptable to Grantee, as is
evidence in writing.
�.2, �,NDEMNIFICATiON. The Consultant waives any and all claims and recourse
against the Grantee, including the right of contribution for loss and damage ta
persons or prnpercy arising froin, growing out of, ar in any way connected with or
incidental to the Consultant's performanee a£ this contract. Further, the Consuttant
wili indemnify, hald harmless, and defend the Grantee against any and ail ciair�,s,
demancts, damages, costs, expenses, liability arising out of the Consultant's
performance of this Contraet except for Iiabiliry arising out of the concurrent or sole
negligence af the Grantee or its officers, agents or ernplayees. Consttltant shali also
indemnify Grantee for any adverse determinatian made b� the Xnternal Revenue
Ser«ce ar the State Franchise Tax Board against the Grantee with respeet to
Consultant's `independent contractor' status that woul.d estabiish a liability for failure
to make any social security or income tax withholding payments.
i3, INSURANCE. Consultant shall have and maintain in ftEll force and effect for the
� duration of this Agreement, insurance insuring against claims f.or injuries to persons
or damages to property which may arise frorn or in connection with the performance
of the work by Consultant, its agents, r�presentatives, employees, or sub-consuttants.
iq. $REAG.� QF CQNT�, In the event of breach of Contract by the Consultant, the
Grantee may at its option, engage #he services of arzother Consultant to complete the
work and deduct the cost of the completion from the amount due to the Consultant.
In the event either the Grantee or the Consuttant do not fulfill performance uncl.er
this agreement, then Ch.e affected party may pursu� all legal remedies available for
breach of cantract.
i5. TERMIN�'�'IQN qF CONTRACT. This Contract may be terminated as faIlaws:
(a) Ternninatzo� far cause.
(i) If the Grantee determines that the Cansultant has failed to compiy with
the terms and conditions of tkie Contraet, it may terminate this Contract
in whole or in part any time before the date of completion. If the
Consultant fai�s tn comply with any of the terms and cvnditions af this
Contract, the Grantee may give notice, in writing, to the Consultant of any
or all deficiencie� claimed. The nptice will be sufficient for all purposes if
it descriUes the default in general terms. Tf all defaults are not cured and
coimected within a reasonable period to be specified in the notice, the
Grantee may, with no further notice, deciare tlzis Contract to be
terminated. The Cansultant will thereafter be entitled to receive payment
for those services reasonably performed to the date of termination, less
the amount of reasonable damage suffered by the Grantee by reason af
the Consultant's failure to comply with th.is Contract.
�ii} Notwithstanding the above, the Consultant is nofi relieved o� liability to
the Grantee for damages sustained by the GranYee by virtue of any breach
of this Contract by the Consultant, and the Grantee may withhold any
payments to the Contractor for purposes o£ setoff until such tizne as the
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', Asset Property pisposltion, Inc. Property Acqulsition Agreement
exact amount of damages due the Grantee from the Consultant is
determined. .
(ui) Grantee may terminate this contract should fun.ding cease or be
materially decreased.
x6. �GAL FEES. In the event either parry incurs legal expenses to enforce the terms
and conditions of fihis Contract, the greva�ling parry is entitled to recover reasonable
attorney's fees and other costs and expenses, whether the same are incurred with or
without suit.
17. DOCUMENTS INCORPORA_,�'ED BY REFEREI���. The Consultant's Request for
Qualifications far properry acquisidon services for the Laney-Walker and Bethlehem
neighborhood.s, submitted September 3, aoo8, and all applicabie federal and state
statutes and regulations incarporated into thzs Contract by Lhis re£erence a�e binding
upon the Consultant.
18. CIVIL RIG�ITS A�T OF �A64,[�� U.S.C. 2000dl. The Cons�ltant will abide by the
pravisions of t�ie Civi.l Rights Act of i964 which states that tander �tle VI, no person
inay, on the grounds o£ race, coiar, or national origin be excluded from participatian
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financiai assistance.
xq. NQNDISCRI 1�I�VATIO,�T AND EQi,,,�A I� OPPORTUNTI'Y. Ths Consultant will abide
by the Federal requirements set forth in 24 CFR 5.zo5(a}, Nondiscrimination and
Equal4pportunity, as these apply to the CDBG program and activities:
a) requirerzients of the Fair Hausing Act [42 U.S.C. 36oi-2o] and Executive Orders
��063 and x2z59 (regarding Equal Opportunity in Housin$);
b) prohil�itions against discriminatian on the basis of age under the .A.ge Discrimination
Act of i97� [42 U,S.C. 6io1-o�];
c) prohibitians against discrinnination against an otherwise qualified individual with a
physical or mental disability, as provided in Section �04 0£ the Rehabilitation Act of
Y973 �42 U.S.C. 794a> and
d} Executive Order ii246 as amended regarding Equal Emptoymenfi Opportunities.
20. S,�CI"�QN �, QF TH� Hg,�SING AND URBAN D,��ELOPMENT ACT OF sA68 fi2
U.S.C. ��oiu1.
The Consultant will ensure that, to the greatest extent feasible, opportunities for
trai.ning and employment arising in connectian with this project will be extended fio
lower incorne project area residents. Further, Consultarzt will, to the greatest extent
feasible, utilize business concerils located. in or substantially owned by residents of
the project area, in the aw�arding of contracts and purchasing of services and
supplies.
Page 4 of 10
;, Asset Property Disposition, Inc. Property Acquisltion Agreement
2i. MI AN W M N' B SINE NT SES c'v r ii62
i24�{2, izx�8 an�i 1ia�7. The Consultant will take affirmative steps to assure that
minority and women-owned businesses are used. when possible as sources of
supplies, equipment, cozastruction and sexvices. Additionally, the Consultant must
document aIl affirmative steps taken #o solicit the participation of mznority and
women-owned businesses and will forward this dacumentation (along with the
names of the minority subcontractors and suppliers) to the Grantee.
22. NONDISCRIMINATI(�,N. The Consultant wiil not discriminate against any employee
or applicant for employment on the basis of race, color, religian, creed, political
ideas, ge�der, age, marital status, physical or mental disability, or national origin,
23. L{�BBYING PROVI�IpNS. The Consultant certifies tha# no Federal appropriated
funds have been paid or will be paid, by or on behalf of the uudersigned, ta any
person for influencing r►r attempting to influence an officer or employee of any
agency, a Member of Congress, an off'icer or employee of Congress, ar an empiayee of
a Membe�• of Congres9 in connect7on with the awarding of any Federal contract, the
making 4f any Federai grant, the making of any Federai Iaan, the entering into of any
cooperative agreement and the extension, contir�uation, renewal, amendment, or
modification of any Federal contract, grant, loan or conperative agreernent.
24. OWNERSHIP AND PUBL�CATIQN OF M�TER�ALS. All reports, information, data,
and other materials prepared by the Consuitant pursuant to this contract are to be
the property of the Grantee, which have nonexclusive and unrestricted authority to
release, publish or atherwise use, in whole or in part, informatian ielating thereto.
Any reuss withqut written verificatian ar adaptation by Consultant for the spec'rfic
purpose intended will be at the Own.er's sole risk and without liability or legal
exposure to the Consultant. No matei�iai produced in whole or in part under this
Cantract may be subject to copyrzght or patent in the United States or in any other
country without ihe prior written permission of the Grantee.
25. REPORTS AND INFORMATION. The Consultant will maintain accourn.s and
recards, including personnel, properiy anc� financial records, whieh are adequate to
identify and account far aII costs pertaining to this Contract; and such other records
as may be deemed necessary by the Grantee to assuxe proper accounting for all
project funds, both federai and non-federal shares. These records will be made
available fqr audit purposes to the Grantee or its authorized representative, and will
be retained by the Consultant £or five (5) years a£ter the expiration o£ this Contract,
unless permission to destroy them is granted by the Grantee.
The Consultant, at such times and in such forms as the Grantee may require, shaIl
furnish Grantee manthly progress reports in accordance with the outline indicated
in Appendix C:
�6. ACC�S� TO RECORDS. Tt is expressly understood that the Consultant records
relating to this Contract will be available duri�g norrnal business hours for inspection
by t��e Grantee, the Hausing and Communi.ty Developrnent Department, the U.S.
Deparlment of Housing and Urban Develapment and the U.S, Camptroller General.
Page S af �0
, �Asset Property Disposftion, Inc. Property Acquisitlon Agreement
IN WI'I`NE53 WHEREOF, the parties hereto have executed this Contract as of the date first
written above.
ATTEST; AUGL7STA, GEORGIA
(Grantee)
, S E A L gy; `�---''�-��
�`�\. ,� . , � David . Copenhaver r �
� t. i` �; ' p� As its Mayor �'�: b
�� �� n(+nt�n9Q �l
C o e o
� �. � � �� q�
r . �� � �L
� ��I2 '. � �
� B
�r�c o� �`,� n ; a /
�� � � �� � � �
t`,, E: z .•,. @ . �r
� s�,� ,,��; .<,�,��.��e V
��'� ��`�'��u�.�aon�' `�
�"��� ���'� = t_. Fredei�ick L. Russell
��'�`` `` Y City Administrator
Chester A. Wheeler, III,Director
Augusta Housing & Comrnunity Development Dep#.
Subscribed and sworn to before me SET P OPER DI P
this �-- Day of 1�� �.- , zoo8. Consultant)
.
C � /'�� C , /
Nota ub � County/Stata � . Jesse Wiles
My m� ion expires `� � Day of
,aoo8
O�FfClAL BERL.
, Npterq P��t��le, f�eargiQ
�ultan Caurty
MY Gommis�io�t E p�e� u us 2K i�N
Page 6 of 10
' Asset Propetty Disposttion, Inc. Property Acqulsltlon Agreement
A.PPENDIX A
SCOPE pF SERVICES
The Consultant will be responsible for acquiring reai property in the historic L.aney-
Walker/Bethlehem neighborhoods on behalf af the Grantee. Real property shall include vacant
lots, vacant buildii�gs and occupied properties.
Real property shall be acquired in accordance with the Uniform Aet passed by Cangress in i9�o.
This Act is a federal law that establishes minimum standards for federally fiinded programs and
projects that require the acquisition of real property (real estate) or displace persons from their
homes, businesses, or farms. The Uniform Act's protections and assistance apply to the
acquisitian, rehabilitation, or demolition of real property far federal or federally £ur�ded projecks.
TA.SR#�: Develap Montt�ly Report format which shall consis# of a matrix #hat outlines the
various type af groperty that can be purchased within the prioritized area including:
• Pioperry currently on #he market (listed with a real estate agent};
• Willing Sellers (Property owners has contacted the City regardin,g their interest to sell);
and
• Pxoperties targeted £or purchase based on location.
T.ASK #2: Map each property listed in Task #i using the Geographic Infarmation System.
Update daily the status o£ the property based on whather the parce� i.s targeted for acquisition,
contact made with #he awner, under contract, clased and if the property is available for
development, �
TASK #g: ACQUISITION
F'�R EA.CH PROPERTY GRANTEE DESIRES TO ACQUIRE:
• Determine property owner
• Obtain title search
• Send apprnpriate HUD Acquisition noiices to awner and/or tenants
•�oliaborate with Grantee fio en.sure environmental assessments are performed
• Conduet survey w�rk
• Obtain appraisal and review appraisal of properties
• Negotiate with property owner
• Prepare and distribute written offer to purchase letters
• Have Purchase Agreement pregared and executed
• Have closing documen�ts prepared and executed
• Obtain check for purchase of property
• Purchase property
+ Deed property to Land Bank
• Aecord deed
• If property is occupied, provide advisozy services to awner ar tenant
• Assist owner and/or tenant with Iocating replacement housing
• Assist owner and/or tenant wi.th relocation move
+ Assist awner and/or tenant wi.th purchase of house or rental of house/apartment
Page 7 of 10
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� �Asset Property Disposftlon, Inc. Property Acqufsitfon AgreamenC
APPENDIX B
COMPENSA'�'ION J BUDGET
Consultant requests for payment may be submitted monthly and must be accampanied by a
written narrative repart which adequately describes and documents the work performed. Total
payrnents for the services rendered under this Contract will not e.�cceed $i2g,o�'a.00.
Compensation for services will be provided in installments, based on actuai Evork performed
along with other reimbursable casts. �'ayment will be based upon completion of key
cornponents of the project work plan as follows:
Tasks #1- 4 $ �a3,o�2.00
TUTAL BUDGET $ �23,o7z.00
Page 9 of 10
,•�►sset Properry DlsposEtion, Inc, Property Acqulsltfon Agreem�nt
APPENDIX C
M4NT�iLY PROGRESS REPORT
.�ox MorTrx oF:
(Due: igtn day of each tnonth for prior montk� activities. )
CONSULTANT: ASSET PROPERTY DISPOSITION, INC.
Address;
C�ntact Person: _._, Phone #;
Project Name: Acquisition Services for La�iey-Walker/Bethlehem Revitalization Projeck
PAR.T I. t�.CTI'VTTY TATU� �OR MONTH - Describe Progress A�chieved iu�
Accomplishing Project Goals and Objectives during this reporting period.
Page !0 of 20
, Amendmentkl; PropertyAcpuisition Services � �
A P D Urban Plonnrng and Management, LLC ���� A�
FIRST AMENDMENT
CONTR.ACT BETWEEN
AUGUSTA, GEORGIA
&
A P D URBAN PLANNYNG AND MANAGEMENT, LLC
This rirst Amendment to the Contract executed l�y and between the Parties on Deceml�er 4, 2008, is
made and entered into on the t�h day of December 2009, by and between AUGUSTA, GEORGIA,
(hereinafCer referred to as "GRANTEE"}, and ASSET PROPERTY DISPOSITION, INC. herein known as
A P D URBAN PI.ANNING AND MANAGEMENT, LI.C, (hereinafter referxed to as "Consultant").
WHEREAS, GRANTEE desires to amend the ORIGINAL CONTRACT to allow a one (i) year
extension for continuation of Property Management Setvices for the HUD approved Laney
Walker/Bethlehem Neighborhood Revitalization Strategic (NRS) Plan;
WHEREAS, GRANTEE has determined that this extension is in its best interest and
CONSULTANT agrees to saicl extension;
NOW THEREFORE, in exchange for their mutual good and valuable consid.eration, the receipt
and suf�ciency of which each PART1' acknowledges, and intending to be legally bound, GRANTEE ai�.d
CONSULTANT agree to amend said GONTRAG°T as follows:
Cl)
Secdon 4. �FFECTIV� DA'TE AND 'I'�ME OF PERFORMANCE, Paragraph i, is hereby deleted in
its entirety and changed to read:
"This Contract takes effect on December 4, 2oog, with the Grcmtee's �-ight to re�tew contract terms,
canditions and compensation annual2y until December 3, 2oi�."
(�)
Section 5. COMPENSATION, Paragraph a, is hereby deleted in its entirety and changed to read:
"For the satisfactory completion of the seruices to be provided un.der rhis Contract; the Grantee will pay
the Consiiltant a sum not to exceed One Hundred Forty-Nine Thousand, Two Hundred Eighiy Doliars
and no cents ($149,280.00) annually, which the Grantee agrees to pay as set forth in `tlppettdix B—
Compensation/Budget", attached hereto and incorporated herein by reference. C,'ompensatiorz for
services Luill be provided in installments, based on actual work performed based upon the completion of
key components of the project detivet•abies.
:.:.�,� .�_......._._..._....._.......
`� �°� Page 1 of 3
AmendmentJll: ProperiyACquisition Serv+ces
A P p Urban Planning and Monagement, LLC
(3)
Appendix B. CpMPENSATION/BUDGET, is hereby deleted in its entirety and changed to read:
"Consultant requests for payment may be submitted monthly and must be accompanied by a written
narratiue reporr which adequately describes and documenfs the work performed. Total payments for
the services rendered under this Contract will not exceed $z49,280.00
Compensation for services wiit be prouided in installments, based on actual work performed aiong with
other reirnbursable costs. Payment wiit be based upon compietion of key components o�' tha project
work plan.
TOTAL BUDGET - $14g,28o,00
THEREFORE, the terms and conditions of CONTRAGT between AUGUSTA, GEORGIA and
A P D URBAN PLANNING AND MANAGEMENT, LLC. dated December 4, 2008, are hereby extended
through December 4, 2ozo.
All othez provisions of CONTRACT between said PARTIES shall remain in force and effect.
(Intentionally left btank)
�;;�=� ��;,�_._..------_._.______
' Page 2 ot 3
<: �;<<.x.,
AmendmenflJl; PropertyAcquisition Servlces
A P D Urbon Plonnrng pnd Monoqemertt, L1C
SIGNAT[JRE PAGE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
ATTEST: AUGUSTA G�O�.tGIA
� (Grantee)
SEAL By:_ � �� `
David S. openhaver
� � �� �� As its Mayar
/ y 1y9A
���r1.
Lena J. B nec
Clerk of Commission
Signed, sealed and delivered ) A P ll Urban 1'lann� a�� Mana e t
) Consultant
In e presenc f )
�.2,��, }
(Pla n Witn ^ � . esse Wiles
}
} � As its Designated Liaison
���� V ` ) `�`�
No ary Pub.lic )
County of
State of d C�unty, e q'�
i3otary F'+�btic. i�ichmcm
My COTriTil. FJC1TiCO5: Ahv C;c�rnmi��k:m 1=xt�i±'gs At;ri4 23, 2( 0
�
Frederick L, Russell
' City Administrator
Chester A. Wheeler, III, Director
Augusta Housing & Community DevelopmenC Dept.
j
� � .�
Andrew MacKe ie
Attarney
�; �,.,.��:_..........._......
. Page 3 of 3
a ?A,y,:
r j
Amendmen[ t12: Property Management Services
A P D Urbon PJanning and Nlanagement, LLC
QR�G�N��.
SECOND AMENDMENT
CONTRACT BETWEEN
AUGUSTA, GEORGI.A.
&
A P D URBAN PLANNiNG AND MANAGEMENT, LLC
Thzs Second Amendment to the Contract executed by and between the Parties an Decennber 4, zoo8, is
znade and entered into on the �th day of December 20�0, by and between AUGUSTA, GEORGIA,
(hereinafte.r referred to as "GRANTEE"), and ASSET PR�PERTY DISPOSITION, iNC. herein known as
A P D URSAN PLANNING AND MA.NAGEMENT, LLC, (hereinafter referred to as "Consultant").
WHEREAS, GFZAN'I'EE desires to amend the ORIGINAI. CONTRACT to allow a one {1) year
extension for cantinuation of Property NIanagement Services for the HUD approved Laney
Walker/Betlilehem Neighborhood Revitatization Strategic {NRS) Plan;
�
WHERF.A,S, GRANT�� has determined that this extansion is in its best interest and
CUNSti LTANT agrees to said extension;
NOW THER�.FORE, in exchange for their mutual good and valuable consideration, the receipt
and su�ciency of which each PART'Y acknowiedges, and intending to be legally bound, GRAN1'EE and
CONSULTANT agree ta amend said CONTRACT as follows:
�1)
SecCion 4. �F�'ECTIVF. DATE AND TIME OF PERFORMAIVCE, Paragraph #i, as amended
December 4, zoo9, is hereby dele#ed in its entirety and changed to read:
"This Contract takes effect on December 4, 2010, with the GRANTE�'s riqht to renew cotttract terms,
conditions and compensation annuaily until December ,3, �2011. GRAIVTEE may discontinue cont�•act
after one year or at any time during the contract period with 3o days notice to CONSULTf1N'l.
CONSULTANT may disconiinue contract with 6o-daj no�ice to GRAIVTEE."
�2)
Secfiion 5. C�MPENSATIOIvT, Paragraph #i, as amended December 4, 2009, is hereby deleted in
its entirety and changed to read:
"For the satisfactor� comptetion of the seruices to be provid'ed under this Contract, the GRANTEE will
pay the CONSULTANT a sum not to exceed Four Hundred Fiftij-Three Thousand, Two Hundred Si�cty-
Four pollars and no cents ($453,264.00) annually, which the GRAN'lFF agrees to pay as set forth in
"Appendix B— Compensation/Budget", artached hereto and inc�rporctted herein - �j reference.
Compensation for setvices will be p�ouided in installments, based an actuul work performed based upon
the completion of key components o,f the project deliverables.
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Page 1 of 3
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Amendmentit2; Property Management Services
A P 0 Urbon Planning and Monagement CLC
�3)
A��endia B. COMPENSATION/BUDGET, is kereby deleted in its entzrety and changed to read:
"Consultant requests for payment may be submitted monthly and must be accompanied by a written
narrarive report which adequateiy describes and documents the work performed. Totat ,payments for
the services rendered under this Contract wiil not exceed $453,
Campensation for services witl be prouided in installments, based on actual work performed aIong with
other rezmbursabre costs, Payment will be based upon completion of key components of the project
work ptan.
TOTAL BUDGET- $453,
THEREFOR.E, the terms and canditions af ORIGINAL CONTRACT between AUGUSTA,
GEORGIA and A P D URBAN PLANNING AND MANAGEMENT, LLC. dated December �, 2008, and
amended December 4, 2009, are hereby extended through December 3, 2oii.
All other provisions of CONTRACT between said PARTIES shall remain in force and effect.
(Intentionally left blank)
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�. Page 2 of 3
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Amendment t/2; P�operty Manogemem Services
A P 0 Urban Plannrng and Management 1.LC
SIGNATURE P.P.GE
IN WTT�TBSS WHEREQF, the Parties have executed this Agreement as of the date f�rst written abave.
ATTEST: AUGUSTA GEORGIA
(Grantee)
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�� .� � ax�� � m �; � ,'y,ry Davz . . p
� � ..:r ;� � , � � �`'t , As its Mayor
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Clerk����o��n
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Signed sealed and delivered ) A P D Urban Piannin,g and Mana�ement, LLC
) Consultant
In the presence of )
' � d+� '_...d'% � � !! ~� y�� ,' ...� � / 6 . .
I�'. .'�, i p � ..+�' ' � '
(� Witnes5� ��� ) � O, Jesse Wiles
) As its Designated Liaison
�r_�,�f.-•�''•' `t�` , F.�u�`f.�/ =`�� , � �'
Notary Pu ' " !4�, 3 )
County o�' �� c� � ' � �.��b )
State of � � F � � � )
My Corr�,g eS,;, _ _ )
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�� ����� ���� '%�!, C tyAdmizai txator
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Chester A. W'ileeler, III, Director
Augusta Housing & Community Developmerit Dept.
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drew G. MacKenzie
General Counsel
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