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HomeMy WebLinkAboutAugusta Exchange Augusta Richmond GA DOCUMENT NAME: 0-0<) \) s-l-iA.. f:.-)( chc;. () ~ DOCUMENT TYPE: (} o/e.e...~';- YEAR: \ q~ Co BOX NUMBER: \ FILE NUMBER: } 2- 7 3 I NUMBER OF PAGES: 5 P.01 .. ROAD EXTENSION AND COST SHARING'AGREEMENT (p11 day of : THIS hI, r"'i~ '1 acting th.rough AGREEMENT is entered into this , 19516, by and between RICHMOND COUNTY, GEORGIA, the Augusta-Richmond County Commission-Council, a political: subdivision of the State of Georgia (hereinafter "Richmond :countyll) and AUGUSTA EXCHANGE, L.L.C., a Georgia limited , 1iahility:company (hereinafter referred to as Augusta Exchange); WIT N E SSE T H: ,WHEREAS, Richmond County has roadway plans to extend and upgrade S~inner Mill. Road Extension/Agerton Lane to include any upgrading :of the intersections at Wheeler Road and Walton Way Extension (hereinafter the "Roadway Project"); and WHEREAS, Augusta Exchange plans to, construct a proposed retail shopping center on land adjoining the Roadway Project; and ~HEREAS, Richmond County, in its November 21, 1995, , session r~viewed and approved the preliminary roadway alignment plans (her~inafter the "Plans") related to the Roadway Project,: a copy of whfch are attached hereto as Exhibit "A" and incorporated her~in by reference; and WHEREAS, both Richmond County and Augusta Exchange recognize .the benefit of joint planning and construction with regard to the Roadway Proj ect and desir-Po to wor'k togethel: t~) ~-'. ....:-.... I:1^Clnst~ W.J...L-'- .:::oUQ.U:: ~llU.;1..l...l.Y c1J...l. COS-cS l tne "l:'roJect Cost?) 1 associated in. completing the Roadway Project in .material . ! conformance with the Plans, !3uch C~18t::; tc include but not to be limited to: (a) survey costs; and (b) construction costs (such construction costs to i : include the coats necessary to design, bid, and const~uct :the extension and upgrading of Skinner Mill Roa~ Extension, Agerton Lane, to include any necessary I ~uP9rading of the intersections of Skinner Mill Road with ;Walton Way Extension and Wheeler Road, and the intersection of Ager~on Lane with Wheeler Road, and all ~elated matters.)' :2 I . ... .,.. .. . ~ UO_hL.__ Notwithstanding the above, the shari~9 of Project Costs shall be , subject t~ the following limitations: . (i) Richmond County'~. total participation toward the Project Costs shall not exceed One Million Six Hundred :Eight-One Thousand and No/IOO ($1,681,000,00) Dollars; .(ii) No right-of-way acquisition costs of such ,right-of-way to be conveyed by Augusta Exchange ,(including related attorneys' fees, title fees, recording ! fees, closing costs and other related costs) shall be considered Project Costs. i Augusta Exchange shall ~edicate or cause to be dedicated to the Roadway Proje~t at no cost to Richmond County the proposed acres of fight-of-way property (proposed 80 foot along Agerton Lane to Skinner Mill and the proposed 100 foot ri9ht-o~- i ~ay along the proposed Marks Church Connector) as depicted at the cross-hatched area on Exhibit "A" for use for the Roadway Project in accordance with the Plans. !iii) Roadway approval, bidding, construction inspection ~hall b~ at no cost to Augusta Exchange and shall not be ~ part or the Project Costs; and 3 P.02 P.03 " complete :the same in accordance witp.the terms and conditions set forth be~ow; : NO~, THEREFORE, for and in consideration of Ten and NO/lOO ($lO.OO) Dollars, th~ mutual promises .and covenants containe~ herein and the benefits to be derived therefrom,the parties ~ereby agree as follows: 1. Richmond County shall cause to be constructed the Roadway p,roject, subject to the cost limitations set forth herein and subj~ct to the provisions hereof. , : 2. Cost Sharinq Aqreement. Richmond County and Augusta E~change . will share equally all costs (the "project Costs") associated in completing the Roadway Project in material conformazice with the Plans, such cu:::ta t.c include but not: to be limited to: (a) survey costs; and (b) construction costs (such construction costs to include the costs necessary to design, bid, and construct the extension and upgrading of Skinner Mill Road Extension, Agerton Lane, to include any necessary upgrading of the intersections of Skinner Mill Road with Walton Way Extension and Wheeler Road, and the , intersection of Agerton Lane with' Wheeler Road, and all related matters.)' 2 '.. , supporting documentation. P.06 Interes~ .at the rate of one per cent (1%) per ~onth shall accrue on any amount unpaid after thirty (30) days. : IN WITNESS WHEREOF, ~he parties have hereunto caused their pre~ence to be auly executed by their proper officials. ~~ ~. t.Uc;l:bQ(J~ . (Unoff-l-cial Witness) ~~ ~~Pa.L~O^~l~O NOTARY PUBLIC, I Not~IY Fubllc:. RI~l'\mond CQCflty. Geor<<!a My Commission expires ~ CQwmi..."II,n Exoirtl;> 5~j)t. 11. 199a SIGNED, S~ALED AND DELIVERED . in the presence of: SIGNED, S~ALEO AND DELIVERED ~. in t~e presence of: ~ ~~:c~' "i#jR~"'~-;{ ) ..' i.(i i.; ~ ~) 1JO'Ct+tel)) ; - ) . .~..., . , :,..C V./? " __ ) ... . 'l: " .,~ ,".,'.' ) '~".,..,~. -'J?e~"i,tc ,--- \,:f, C~:--_.- ) ) My Commis~ion expirl'!s. r.j/!_~/)'jf;--I , . - . .' ,'"ly. (J.,,:' ;}") , Ne\ary P\lb~. C~t>" co r , ~,E';'! . '._1":'\ ""t'Jlret. $p.1f-311IbV t.4y comm..... ~. ; ~ . } ) , , } ) } } (L.:3. ) rrJ AUGUSTA EXCHANGE, L,L.C, (L,P,) a Ge9F9fi;;)1;1..mi 2 liabi,li ty cornrany I.......~I) I If) : By "-~~ '4l1j~MI((7 ,.<Jalll!'?:';' :3 :-. Timb~~r.).L;--- -.- (..;/ Mem~-=r /Manager " /)/1 '(2 . .~' . . By "':~;"/' l.~"U' O-:J . TholT]as Abernathy Member/Manager 5