HomeMy WebLinkAboutFACILITY AGREEMENT FOR DIAMOND LAKES TENNIS CENTER AND MACH ACADEMY (2) AGREEMENT
Diamond Lakes Tennis Center
This AGREEMENT is made and entered into this 3rci day of (`x�bejr ,
2017, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia,
acting through the Augusta Recreation and Parks Department (hereinafter referred to as
"Owner") and MACH Academy, Inc., a corporation established under the laws of the State of
Georgia(hereinafter referred to as "Operator").
WHEREAS, MACH Academy, Inc. has identified a desire to staff and provide programs
for the Diamond Lakes Tennis Center; and
WHEREAS, MACH Academy, Inc. has determined that it would be to benefit of the
taxpayers of Augusta, GA for MACH Academy, Inc. and the Augusta Recreation and Parks
Department to jointly operate the Diamond Lakes Tennis Center;
NOW, THEREFORE, for and in consideration of the mutual promises and the covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledge,the parties agree as follows:
A. Term. This agreement will remain in effect through December 31, 2017; thereafter,
this agreement shall be on a year to year basis beginning January 1 St of each year and
terminating on the 31'of December of each year and will automatically renew on a
year-to-year basis. Either party hereto,however, may terminate this Agreement by
giving the other party a notice in writing of not less than 30 (thirty days, said notice to
be forwarded by certified mail, return receipt requested, to the parties at the following
respective addresses.
B. Responsibilities of MACH Academy, Inc.
MACH Academy, Inc. shall provide adequate staffing of Diamond Lakes Tennis
Center, which shall include the following features:
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AGREEMENT
Diamond Lakes Tennis Center
1. Hours of Operation—???Monday—Friday, weekends as needed for scheduled
tournaments and events.
2. MACH Academy, Inc. will be responsible for allocating courts for the general
public. A minimum of two courts will be made available for the general public.
3. MACH Academy, Inc. shall provide staff for all hours of operation at facility and
follow the guidelines provided by the Augusta Recreation and Parks Department,
and shall have all staff execute and keep on file a Volunteer Release Form and
complete the Criminal Background Check Forms.
4. MACH Academy, Inc. shall issue keys for Diamond Lakes Tennis Center to
members and officers of MACH Academy, Inc and supply a list of people issued
to the Augusta Recreation and Parks Department. The Augusta Recreation and
Parks Department Tennis Center Supervisor and Athletic Manager shall also have
a key to the Diamond Lakes Tennis Center.
5. MACH Academy, Inc. at the Diamond Lakes Tennis Center shall maintain an
inventory of all supplies furnished by the Augusta Recreation and Parks
Department and shall perform general maintenance of the interior/exterior of
Diamond Lakes Tennis Center facility and restrooms, which includes mopping,
sweeping and picking up litter from grounds.
6. MACH Academy, Inc. shall formulate programs, activities and tournaments for
the Diamond Lakes Tennis Center as well as maintain a current facility and
grounds inspection of all existing grounds and court equipment. In the event that
any equipment is deemed unsafe, the equipment must be properly labeled unsafe
and Recreation personnel must be contacted within 24 hours.
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Diamond Lakes Tennis Center
7. MACH Academy, Inc. must follow all safety guidelines set forth by the Augusta
Recreation and Parks Department which includes notifying the Augusta
Recreation and Parks Department immediately in the following cases: break-ins,
property damage, or emergencies.
8. MACH Academy, Inc. will provide staffing support at the Diamond Tennis
Center for all Adult and Youth Tournaments hosted by the Augusta Recreation
and Parks Department.
9. MACH Academy, Inc. shall be covered under the Volunteer Protection Act of
1997, 42 U. S. C. 14501, et seq. (see attachment)
C. Responsibilities of Augusta Recreation and Parks Department
The Augusta Recreation and Parks Department shall be responsible for Assisting
MACH Academy, Inc. in the operation of the Diamond Lakes Tennis Center as
follows:
1. Supply all utilities.
2. Perform all repairs and normal maintenance for the upkeep of the facility
(painting,pesticide treatment, mowing grass, etc.)
3. Provide for trash collection from existing canister on ground weekly
4. Supply nets and windscreens
5. Supply all capital purchases, as needed depending on funding
6. Provide for CPR/First Aid& Safety Training for staff
7. Assume responsibility for repairs of building in the event of break-ins and other
emergency situations that may arise.
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Diamond Lakes Tennis Center
8. Assume responsibility for liability as provided in the Volunteer protection Act to
MACH Academy, Inc.
The Augusta Recreation and Parks Department shall also provide the following
departmental contacts for MACH Academy, Inc.
1. Margaret Faughnan—Tennis Program Supervisor-Emergency Contact: (work) 706
821-1600, (mobile) 706-631-9797
2. Bobby Martin—Athletic Manager: (work) 706-796-5025, (mobile) 706-836-7560
D. Ownership: The premises shall remain the property of the Owner throughout the
term of the lease.
E. Destruction of or Damage to Premises: If the Premises are totally destroyed by
storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of
the date of such destruction.
F. Assignment and Subletting: Operator may not sublease all or any portion of the
Premises or assign this Lease or any interest hereunder, without prior written consent of
the Owner.
G. Indemnification: Operator specifically agrees that its operations shall be conducted
in compliance with all federal, state, and local laws, rules, and regulations, and agrees to
indemnify and hold harmless Owner, including without limitation, members of the
Augusta, Georgia Commission, from and against all liabilities, losses, suits, claims,
demands, judgments, fines, damages, costs and expenses (including all costs for
investigation and defense thereof, including but not limited to court costs, expert fees and
reasonable attorneys' fees, which may be incurred by, charged to, or recovered from the
foregoing (i) by reason or on account of damages to or destruction of the property of
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Diamond Lakes Tennis Center
Owner, or any property of, injury to or death of any person, resulting from or arising out
of Operator's use of the premises (except when such damages, destruction, injuries, or
death arise solely by reason of Owner's negligence), or (ii) arising out of the failure of
Operator to keep, observe, or perform any of the agreements or conditions of this
Agreement. Operator will refer to Owner promptly upon notice thereof, any claim made
or suit instituted against it which, in any way, affects Owner or its insurer, and either
Operator shall defend or compromise same following notice from Owner,then Owner shall
have the right to compromise and defend the same to the extent of its interests, with all
costs to be borne by Owner.
H. Waivers of Rights: No failure of Owner to exercise any power given it hereunder
or to insist upon strict compliance by Operator with any of its obligations hereunder and
no custom or practice of the Owner at variance with the terms hereof shall constitute a
waiver of Owner's right to demand strict compliance with terms hereof.
I. Open Records: The Operator acknowledges that all records relating to this
Agreement and the services to be provided under this Agreement may be a public record
subject to Georgia's Open Records Act. (O.C.G.A. § 50-18-70, et seq.). Operator shall
cooperate fully in responding to such request and making all records,not exempt,available
for in section and copying as provided by law. Operator shall notify Owner immediately
of any request made under the Open Records Act and shall furnish Owner with a copy of
the request and the response to such request.
J. Governing Law: This Agreement shall be governed and interpreted by the laws of
the State of Georgia.
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Diamond Lakes Tennis Center
K. Venue: All claims, disputes and other matters in question between the Owner and
the Operator arising out of or relating to the Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. The Operator,by executing
this Agreement, specifically consents to venue in Richmond County and waives any right
to contest the venue in the Superior Court of Richmond County, Georgia.
L. Entire Agreement: This Lease contains the entire agreement of the parties and no
representations, inducements, promises or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. No failure of either party to
exercise any power given it hereunder, or to insist upon strict compliance by either party
of any obligations hereunder and no custom or practice of the parties at variance with the
terms hereof. This Agreement may only be amended by writing signed by both parties.
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AGREEMENT
Diamond Lakes Tennis Center
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed,
the day and year first above written.
MACH Academy, Inc.
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Michael D. Harden
President/CEO
Augusta, Georgia
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