RES 2018-21 Adopted RESOLUTION NO. 2018-21
A RESOLUTION AUTHORIZING THE CITY TO AMEND THE OWNER'S
REPRESENTATIVE AGREEMENT AMONG THE CITY, NORTH AUGUSTA PUBLIC
FACILITIES CORPORATION AND GREENSTONE DEVELOPMENT SERVICES, LLC.
SUCH DEDUCTIVE AMENDMENT RELATED TO THE OWNER'S
REPRESENTATIVE PROVIDING A CREDIT TO THE CITY
WHEREAS, the City, pursuant to a Master Development Agreement
approved by the City by ordinance adopted on January 30, 2017, constructed a minor league
baseball stadium within the area generally referred to as Project Jackson; and
WHEREAS, related to the Master Development Agreement, the City has
responsibilities related to improvements within the project and specifically involving the
land, the stadium, the site improvements and the tenant improvements; and
WHEREAS, the City determined that it was in the City's best interest, to
include matters of expediency and cost, to employ an Owner's Representative to assist in
overseeing the various aspects of construction of the stadium; and
WHEREAS, the Mayor and City Council approved the Owner's
Representative Agreement on February 6, 2017, (Resolution 2017-02), and find that a
deductive amendment in the amount of$96,896 to such Agreement is reasonable and in the
best interest of the City.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, in meeting duly assembled and by the authority thereof, that:
1. The Mayor and City approve amending Council a rove amendin the Owner's
Representative Agreement, as attached hereto, marked "Amendment
to the Owners Representative Agreement" and incorporated by
reference and authorizes the City to enter into such Amendment.
2. The City Administrator is hereby authorized to execute such
document on behalf of the City.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 17TH DAY OF SEPTEMBER,2018.
//
Robert A. Pettit, Mayor
ATTEST:
Donna B. Young, City Clerk
•
Amendment to the Owner's Representative Agreement
Protect: Owner's Rep Agreement: Amendment Info:
North Augusta Ballpark Dev. Date: 02/20/17 Amendment#: 001
City of North Augusta
Owner: Developer:
City of North Augusta Greenstone Development Services, LLC
100 Georgia Avenue 3301 Windy Ridge Parkway, Suite 320
North Augusta, SC 29841 Atlanta, Georgia 30339
The Owner and the Developer amend the Agreement as follows:
The Owner and the Developer have agreed to the attached list of costs (Attachment A dated 08/19/18). These
costs will be the responsibility of the Developer and result in a deductive Amendment to the contract.
Both the Owner and the Developer agree that this settles outstanding claims related to the Potential Change
Orders from B&G related to the Ballpark Stadium.
This settlement is contingent on the execution of this agreement and the follow on execution of the final
change order#012 with B&G.
It's also contingent_upon the executed amendment#002 for the Stadium License Agreement(SLA) with the
GreenJackets for change orders they approved and B&G performed. These are being reimbursed to the City
and the City will then pay the CO#012 to B&G.
The Developer also agrees that this settles any and all claims Greenstone Development Services, LLC has
against Odell Associates, Inc., Brasfield & Gorrie, LLC and the GreenJackets Baseball, LLC in regard to this
Ballpark Stadium.
The only other known issue is the City's final settlement with GreenJackets Baseball, LLC on requests for
FF&E or other project costs incurred by the GreenJackets that may or may not be contractually reimbursable
and that may exceed the project budget.
The Developer's compensation shall be adjusted as follows:
Original Contracted and Budgeted Fee: $ 650,000
Amendment#001: <$ 96,896>
Amended Contract Fee: $ 553,104
Signatures:
Cit of Noy Au;ust SC Greenstone Development Services, LLC
Ow /// Develop
Srgnat re ' Signature
B. Todd Glover, Christian B. Schoen
City Administrator Manager
Printed Name and Title Printed Name and Title
09/18/18 09/18/18
Date Date
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