HomeMy Public PortalAboutAmerican Legion Contract 8-23-18t
STATE OF GEORGIA )
COUNTY OF CHATHAM )
AGREEMENT FOR SERVICES/USE OF PROPERTY
WHEREAS, the City of Tybee Island ("City") is a duly authorized and existing
municipality under Georgia law; and
WHEREAS, the American Legion Post 154 (the "American Legion") is located on the
City of Tybee Island and received a deed for property from the City for a portion of the property it
occupies in May 1946 (hereinafter the "deed"); and
WHEREAS, the deed from the City to the American Legion contains a number of
covenants and reversion clauses that would return title to the City in the event the American
Legion does not meet its obligations under the deed or chooses not to do so; and
WHEREAS, the American Legion wishes to provide additional substantial benefits to
residents of the City beyond the obligations as stated in the deed; and
WHEREAS, the obligations of the American Legion hereunder address only the use of the
facility and, should additional services or arrangements be required, those additional services or
requirements shall be separately negotiated between the entity requesting the facility and services
and the American Legion; and
WHEREAS, the City wishes to enter into an agreement with the American Legion
requiring it to provide certain facilities to non-profit community groups or associations in or of the
City in order that the City and its citizen groups or groups or associations based in the City may
receive additional benefits from this agreement and in consideration therefor, the City agrees to
assist the American Legion in improving the structure on the property or the components thereto
NOW, THEREFORE, the parties wish to document their agreement in writing and it is,
therefore, agreed as follows:
1. The City agrees to provide and make payment to the American Legion upon
submittal of approve and appropriate invoices for electrical repairs and upgrades to the facility and
items therein. Those funds are to total no more than $76,900.00. Upon receipt of an approved
invoice from the American Legion, and following any necessary or appropriate inspection of the
electrical work done when necessary or appropriate, the City will issue payment to the American
Legion which agrees to at all times maintain the property free and clear of any liens and to
promptly pay for all supplies and services incurred in connection with the property. Any disputes
between the American Legion and any contractor involved in improvements or additions of
electrical or other utilities shall be promptly resolved by the American Legion so as not to
prejudice the rights of the City under this agreement, the deed, or otherwise.
2. In consideration of the City making those payments, the American Legion hereby
agrees and commits to provide services for non-profit groups or associations of the City on a
regular basis upon being directed by the City to provide the facility and/or make it available and to
provide access and/or use to the City of the facility itself beyond those addressed in the covenants
and clauses contained in the deed from the City to the American Legion. The American Legion is
to provide recreational space, space for community gatherings, including the Hall of the American
Legion and shall make such facilities available upon schedule clearance with the American Legion
Commander for availability. Applications for use of the space may be made directly to the
appropriate official at the American Legion and documentation required by the American Legion
other than fees associated with the use of the Hall may require signatures of a representative of the
group or association applying for use of the facility. The obligation of the American Legion to
provide the Hall and facility associated therewith shall include up to 12 events in one year or as
otherwise agreed upon by the American Legion and the City.
3. The American Legion shall account to the City for all funds received by providing a
written report detailing how the expenditures were made, as well as a written report detailing the
services or activities provided to residents of the Ci y.
4. The American Legion will use electricians and contractors and vendors licensed as
required by law to accomplish the task of improving the electrical components of the building and
will secure all appropriate permits and inspections required by law. The American Legion will
select the contractors and craftsmen, as well as the materials which in its best judgment meets the
objectives of safety and Code compliance within the facility.
5. The American Legion will supply t the City invoices from craftsmen, electricians,
or other trades involved in making the necessary improvements and agrees to make all work
available for in section by the City upon reasonable notice.
6. The American Legion will indemnify and hold harmless the City from any and all
claims, demands, actions, or suits of whatever kind or nature arising from or in any way connected
to the improvements to the American Legion facility and/or any performances or events held in
such facility in connection therewith.
7. This agreement shall be effective until December 31, 2024 unless sooner terminated
by agreement of the parties.
8. The obligations contained in this agreement on the part of the American Legion
shall not in any way reduce or impair or minimize the covenants previously stated in the deed of
conveyance of May 1946 and all obligations herein are in addition to the obligations under the
deed and the covenants therein.
THIS;( -3 day of , 2018.
Approved as to Form:
Edward M. Hughes, Cey
AMERICAN LEGION POST 154
By:
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Attest: �I�Li Lex/ Print Name/Titla._%N ET Le Vt aR
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THE CITY OF TYBEE ISLAND
B.
Eason Bueltennan, Mayor
Atter d
LeViner