HomeMy Public PortalAbout100_050_Addendum w-rev ex b - 12.06.13 CONTRACT ADDENDUM FOR COMMUNITY SERVICE PROGRAM
THIS AGREEMENT is made and entered into this day of
2013 by and between the FRIENDS OF TYBEE THEATER, a Georgia non-profit
corporation, hereinafter referred to as "FOTT", and the CITY OF TYBEE ISLAND, a
Georgia municipal corporation, hereinafter referred to as the "City."
WHEREAS, the contractual agreement attached hereto as Exhibit "A" was
approved by FOTT and by the City in 2010; and
WHEREAS, the agreement has been partially performed but the contract itself has
never been properly executed; and
WHEREAS, the parties hereto wish to confirm the contractual agreement made;
and
WHEREAS, Paragraph 13 of the attached agreement provides for a new
agreement prior to the adoption of the City's annual budget; and
WHEREAS, attached hereto as Exhibit "B" is a copy of the recap of the adjusted
balance due.
NOW THEREFORE in order for the records of each party hereto to confoim to
the performance and the existence of the obligation the parties hereby agree as follows:
1. The agreement attached as Exhibit "A" has been partially performed and
by execution hereof, the parties confirm the partial performance of the attached
agreement and the fact of its prior approval.
2. The parties confirm and agree to the accuracy of the records reflected on
Exhibit "B" hereto, including the outstanding balance.
3. The obligations of FOTT to pay under Paragraph 8 of Exhibit "A" shall
continue until the balance reflected on Exhibit "B" hereto is fully paid.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
WHEREFORE, we have set forth hereinafter our hands and seals as of the date
and year first above mentioned.
CITY OF TYBEE ISLAND, GEORGIA
By:
Mayor, Jason Buelterman
Signed, sealed and delivered
in the presence of:
Attest:
Witness City Clerk, Jan LeViner
Notary
Agreed to as to form:
Edward M. Hughes
City Attorney
FRIENDS OF TYBEE THEATER
By:
Signed, sealed and delivered
in the presence of:
Attest:
Witness Secretary
Notary Public
EMH/21/802-Tybee Theater/Addendum to Contract for Community Services 12.06.13
CONTRACT FOR COMMUNITY SERVICE PROGRAM
THIS AGREEMENT is made and entered into this day of
2010 by and between the FRIENDS OF TYBEE THEATER, a Georgia non-profit
corporation, hereinafter referred to as "FOTT", and the CITY OF TYBEE ISLAND, a
Georgia municipal corporation, hereinafter referred to as "City."
WHEREAS, FOTT is a qualified, non-profit corporation that owns title to the
Tybee Post Theater located within the municipal limits of the City; and
WHEREAS, FOTT has made major renovations to the roof and façade of the Post
Theater structure and has provided basic life safety provisions; and
WHEREAS, FOTT conducted the first live performance inside the Post Theater in
40 years under a temporary Certificate of Occupancy on June 5, 2010 to a sold out
audience; and
WHEREAS, FOTT's current objective is to upgrade specific components of the
building to facilitate performances inside the building which will provide cultural and
social benefits for residents and will attract visitors to the City and provide substantial
benefit to the City as a result; and
WHEREAS, FOTT will use crafts (electricians, plumbers and carpenters),
contractors and vendors to accomplish a variety of tasks to enable use of the building for
additional events; and
WHEREAS, the City has allocated up to $65,000.00 in its budget for the current
fiscal year (07/01/10-06/30/10 in order to provide and support physical improvements to
the Post Theater.
NOW, THEREFORE, it is hereby agreed that in consideration of the mutual
promises and covenants contained herein and for other good and valuable consideration,
each party conveys to the other as stated herein, and it is hereby agreed as follows:
1. City will provide matching funds to FOTT up to $65,000.00 for qualified
capital projects for the Tybee Post Theater which may include, but is not limited to,
electrical,plumbing, lighting, stage, ventilation, presentation equipment (sound,
projector), access (doors, sidewalks, paving), seeding or landscaping, and insurance,
peinlits and fees, if any.
2. FOTT will provide documentation for it's matching funds to the City's
Director of Finance. No borrowing/debt will be included in FOTT's matching funds..
3. FOTT will select projects, contractors, craftsmen and materials using its
best judgment to meet the objective of initiating operation of the facility.
'EXHIBIT '....dams_r-
4. FOTT will provide copies of vendor invoices that specify the materials
and work perfoi tiled in support of disbursement requests submitted to the City.
5. FOTT will inspect and approve the work completed and will pay eligible
invoices for matching funds before submitting it to the City for reimbursement.
6. City will reimburse FOTT the City's share of the invoice within 15 days
of submission or will provide a notice within such time if for any reason there are
questions or procedural irregularities with a submission and in such event, the parties
agree to investigate promptly and in good faith to work to resolve any issues pertaining
thereto.
7. FOTT will maintain an accounting of all projects and reimbursements and
will provide such to the City on a quarterly basis until the total of$65,000.00 has been
matched and a final accounting has been delivered to the City.
8. FOTT will pay to the City the amount of$1.00 for each paid admission to
performances in the Post Theater until the City has been paid.
9. FOTT will be responsible for obtaining all city and county permits and the
coordination of all required inspections, as well as payment of any permit fees, which are
not permitted to be utilized as part of the match provided by the City and shall not be
waived.
10. FOTT will make the building available for inspection by the City as
necessary and as deemed appropriate by the City.
11. The City will have no responsibility for supervision of the work performed
and will have no liability to contractors or workmen who operate inside the Post Theater.
12, FOTT will indemnify and hold harmless the City from and for any and all
claims, demands, causes of action, or suits of whatsoever kind or nature arising from or in
any way related to improvements to the Tybee Post Theater and/or any performances or
events held in such facility or in connection therewith.
13. Except for FOTT's obligations under Paragraph 8, this Contract will
terminate no later than the 30th day of June, 2011. If the matching funds have not been
met at the end of the City's current fiscal year, and if the FOTT intends to continue the
terms of this contract into the new fiscal budget year, the FOTT will need to renegotiate a
new contract with the City prior to the adoption of the City's annual budget. In any event,
FOTT's obligations under Paragraph 8 shall continue as provided herein.
14. Notwithstanding any other provisions in the above paragraph, FOTT will
not submit any invoices with requested disbursements to the City in the calendar month
of December, 2010 or which would call for payment by the City in the calendar month of
December, 2010 and in no event shall the City be required to make any disbursements
during the month of December, 2010.
WHEREFORE, we have set forth hereinafter our hands and seals as of the date
and year first above mentioned. s
CITY OF TYBEE ISLAND, GEORGIA
By:
Mayor, Jason Buelterman
Signed, sealed and delivered
in the presence of:
Attest:
Witness City Clerk, Vivian Woods
Notary
Agreed to as to form:
Edward M. Hughes
City Attorney
FRIENDS OF TYBEE THEATER
By:
Gordon K. Matthews, President
Signed, sealed and delivered
in the presence of:
Attest:
Witness Secretary
Notary Public
EMH/21/802-Tybee Theater/Contract for Community Services 09.15.10
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Accounts Receivable - Post Tybee Theater 100.00.11.1915
Date !Customer Amount
Date Issued 6/1/2011 Original Loan Amount 65,000.00
6/30/2011 Payment received (91.00)
11/21/2011 Payment received (359.00)
Total Owed:1 64,550.00
The In FY2011 the City of Tybee Loaned a non-profit organization, the Post
Tybee Theater, $65,000. The theater is suppose to re-pay the loan from sales
proceeds.
Warr "