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HomeMy Public PortalAbout100_050_MEMORANDUM OF UNDERSTANDING, 2014 MEMORANDUM OF UNDERSTANDING Between The City of Tybee Island and Friends of Tybee Theater Inc. This Agreement is made and entered into this day of July 10, 2012 by and between the Friends of Tybee Theater Inc.; a Georgia non-profit 501 © 3 corporation hereafter referred to as FOTT and the City of Tybee Island, a Georgia municipal corporation, hereafter referred to as the City. WHEREAS, FOTT is a qualified, non-profit corporation that has made major renovations to the roof and façade of the historic Post Theater structure, installed ADA compliant restrooms, ad has provided basic life safety provisions; and WHEREAS, FOTT has conducted live performances inside the Post Theater under a temporary Certificate of Occupancy from the city often to sold-out audiences, but has been limited in its ability to provide for larger audiences and more frequent activities in the Theater, due to the continuing renovation of the auditorium and lack of a marquee and box office; and WHEREAS, FOTT will use a variety of craftsmen (electricians metal fabricators, carpenters, architects and mechanical engineer), contractors and vendors to accomplish a variety of tasks to enable the increased use of the theater for regular and expanded events; and WHEREAS,the City has allocated a $65,000 loan in its 2010 budget,$10,000 in its 2012 budget and $5,000 in both its 2013 and 2014 budgets to provide for and support physical improvements to the historic Post Theater. NOWTHEREFORE, it is hereby agreed that in consideration of the mutual promises ad covenants contained herein and for good and valuable consideration, each party conveys to the other as stated herein, and it is hereby agreed as follows: 1. This MOU is contingent upon award of up to$20,000 to the FOTT from the Georgia Department of Economic Development Tourism Division,Tourism Product Development grant. 2. FOTT will select qualified contractors, craftsmen, consultants and materials using its professional architect of record,to meet the objective of expanding the use and operation of this facility by installing a historic reproduction of the Theater's marquee and box office and other related improvements. 3. FOTT will submit vendor invoices that specify materials and work performed in support of disbursement requests submitted to the City as sponsor of this grant application. 4. FOTT will use their professional consultants and architect to inspect and approve the work completed. 5. FOTT will maintain an accounting of all project payments and will provide such documentation to the City on a monthly basis until the project is complete on June 1, 2015. 6. FOTT will provide a presentation to the Tybee Island City council reporting on the work project and its successful completion within 30 days of the completion of the project. 7. FOTT will be responsible for obtaining all city and county permits and the coordination of all required inspections, as well as payment of all permit fees not waived by the City. 8. FOTT will make the building available for inspection by representatives of the City as necessary and as deemed appropriate by the City. 9. The City will have no responsibility for supervision of the work performed and will have no liability to contractors consultants or vendors who operate inside the Post Theater or on its grounds.. 10. FOTT will indemnify and hold harmless the City from any and for all claims, demands, causes of action, or suits of whatsoever kind or nature arising from or in any way related to said improvements to the Tybee Post Theater and/any performances or events held in said facility or in connection therewith. 11. This MOU will terminate no later than the 30th of June,2015, unless notice of an intention to renew is provided by the City to FOTT no later than June 1, 2015 and in the event a notice of renewal is provided, this MOU will be extended until all outstanding invoices have been paid or until June 30, 2015, whichever shall first occur. WHEREFORE,we have set forth hereafter our hands and seal as of the date and year first mentioned above. CITY OF TYBEE ISLAND,GEORGIA By:Jason Buelterman Mayor,City of Tybee Island Signed and delivered in the presence of: Melissa Turner Executive Director, FOTT