HomeMy WebLinkAboutAugusta Aviation Commission
Augusta Richmond GA
DOCUMENT NAME: Aug Ll3tO A-J ICfuCY) W(\(\fYI ,~\ C)()
DOCUMENT TYPE: CX?~3(.f!etfY\e..X) 4-
YEAR: O\l
BOX NUMBER: 03
FILE NUMBER: \'3>~\1
NUMBER OF PAGES: l\
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STATE OF GEORGIA
COUNTY OF RICHMOND
AGREEMENT
WHEREAS, the Augusta Aviation Commission and Augusta,
Georgia are the proposed recipients of a Grant in the maximum
amount of $1,100,320.00 for proposed Airport development (Project
No, 3-13-0011-17; Contract No, DTFA 06-97-A-80165); and
WHEREAS, the proposed Grant has as one of its conditions
that Augusta, Georgia "will take appropriate action, including the
adoption of zoning laws, to the extent reasonable, to restrict the
use of land adjacent to or in the immediate vicinity of the Airport
to activities and purposes compatible with normal Airport
operations, including landing and take off of aircraft, .ff; and
WHEREAS, Augusta, Georgia is under an Order of the United
States District Court for the Southern District of Georgia to begin
construction of Phase II cells of the Constructed Wetlands
Treatment Project by October 1, 1999 and to complete construction
of Phase II cells by October 1, 2000, which Order provides
substantial penalties for failure to meet said deadlines; and
WHEREAS, the FAA issued Advisory Circular No. 150/5200-33
on May 2, 1997 recommending that operators of AlP-funded Airports,
to the extent practical, oppose off-airport land use changes or
practices within the separations identified in the siting criteria
set forth in said Circular that may attract hazardous wildlife; and
WHEREAS, the initial design of the Constructed Wetlands
Treatment Project began in 1993 and was approved by the
Environmental Protection Division of the State of Georgia in 1995,
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with construction beginning in January, 1996; and
WHEREAS, the Augusta Aviation Commission has expressed
concerns about the Constructed Wetlands Treatment Project
attracting wildlife to property which is adjacent to Bush Field;
and
WHEREAS, it is believed that the Constructed Wetlands
Treatment Project is capatible with the operation of Bush Field;
and
WHEREAS, the Augusta Aviation Commission is willing to
hold Augusta, Georgia harmless from any and all claims that might
be asserted by the FAA for reimbursement of the above referenced
Grant funds as a result of assurances given by Augusta, Georgia in
connection with said Grant;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the covenants
and promises herein contained, the Augusta Aviation Commission
agrees as follows:
1. The Augusta Aviation Commission shall hold Augusta,
Georgia harmless from any and all claims by the FAA that the
Augusta Aviation Commission or Augusta, Georgia, has breached
assurances given in connection with the above referenced Grant as
a result of the use of properties adjacent to Bush Field for the
construction and utilization of said property for a Constructed
Wetlands Treatment Project, including any claims for reimbursement
of Grant monies.
2. The Augusta Aviation Commission will work in
conjunction with the Augusta-Richmond County Commission to ensure
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that the Airport is in compliance with all applicable assurances of
said Grant, including taking action which may be required to
satisfy the FAA of compliance with existing Regulations.
3. This Agreement shall enure to the benefit of and
shall be binding upon the Augusta Aviation Commission and Augusta,
Georgia, their successors and assigns.
IN WITNESS WHEREOF, the Augusta Aviation Commission has
caused this Agreement to be duly executed and attested by its duly
authorized officers,
AUGUSTA AVIATION CO~r;;SSION
By:m~ Ib . ~~
Chairman
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By: L~
Secretar
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Thi$ document eppll)Yed as
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AUGUSTA-RICHMOND COUNTY COMMISSION
LARRY E. SCONYERS
Mayor
ROOM 801 MUNICIPAL BLDG. (II)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
WILLIAM 8. KUHLKE, JR.
WM. "WILLIE" H. MAYS. ill
J. B. POWELL
MOSES TODD
ROB ZETIERBERG
FREDDIE L. HANDY
Mayor Pro Tern
October 3, 1997
CHARLES R. OLIVER. P E, CPA
Administrator
JAMES B. WALL
Attorney
Ms, Lena Bonner
Clerk, Commission
8th Floor, Municipal Bldg.
Augusta, GA 30911
Reply to:
P.O. BOX 2125
Augusta. GA. 30';03
Dear Lena:
I enclose herewith two originals of the Hold Harmless
Agreement with the Augusta Aviation Commission. I would appreciate
your executing same and returning a fully executed original of this
Agreement to me, Please place the second original in the City's
permanent records,
Thanking you and with best personal regards, I am
JBWjsjp
truly,
Enclosures