HomeMy WebLinkAboutCOLUMBIA COUNTY NEWMANTOWN ROAD
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INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF A
NEW ROAD TO CONNECT
OLD AUGUSTA HIGHWAY AND NEWMAN TOWN ROAD
INTER OVERNMENTAL AGREEMENT (the "Agreement") entered into
") C. r ';") , 2005, between Columbia County, Georgia, a political subdivision of the
State of Georgia "Columbia County") and the Augusta-Richmond County, Georgia, a political
subdivision of the State of Georgia ("Richmond County").
WHEREAS, Newmantown Road and Old Augusta Highway are two roads located primarily in
Columbia County but which terminate in Richmond County.
WHEREAS, Columbia County, in order to improve the flow of traffic in an area along the
Columbia County/Richmond County boundary line, proposes to build a road connecting Old Augusta
Highway and Newmantown Road (the "Intercounty Road"); and
WHEREAS, the Intercounty Road will be located in Richmond County and. will require the
acquisition of a portion of Columbia County Parcel ID # 063-095B, Columbia County Parcel ID # 063
095A, and Richmond County Parcel ID # 104-0-002-010; and
WHEREAS, part of the Intercounty Road located in Columbia County will be part of the county
road system of Columbia County and the part of the Intercounty Road located in Richmond County will
be part of the county road system of Richmond County; and
WHEREAS, Columbia County and Richmond County desire to provide for the planning, rights-
of-way, acquisition, construction and maintenance of this Intercounty Road;
NOW, THEREFORE, in consideration of the premise and the mutual covenants herein
contained, the adequacy of which is acknowledged by each party, It is agreed as follows:
1. PlanniDf! the Intercounty Road. Columbia County shall be responsible for the
plamiing, design and engineering for the Intercounty Road, the entire cost of which shall be paid by
Columbia County. Richmond County shall be consulted as needed during this process to assure that the
Intercounty Road, as defined, meets the requirements of Richmond County. '
2. Right-or-Wav Acquisition. Columbia County shall be responsible for the acquisition, at
its cost, of the rights-of-way necessary to construct the Intercounty Road as it is defined. Should it
become necessary for Columbia County to exercise the power of eminent domain over any of the three
parcels described above in connection with the building the Intercounty Road and should it become
necessary for Richmond County to become involved in those proceedings, Richmond County will take
the steps that are needed to accommodate Columbia County in this process; provided, however, that
Columbia County shall be responsible to pay any judgment and court costs.
3. Building of the Intercounty Road. Following completion of the design and right-of-
way acquisition, Columbia County shall build the Intercounty Road and shall be solely responsible for the
costs associated therewith.
4. Maintenance of the Intercounty Road. Upon completion of the Intercounty Road,
Columbia County shall be responsible for the maintenance of that portion of the road lying within
Columbia County and Richmond County shall be responsible for the maintenance of that portion of the
road lying within Richmond County.
C:\Documents and Settings\hmaishall\Local Senings\Temporary Internet Files\OLK.548\Intergovemmental agreement Old Augusta Hwy Newmanton Rd.doc
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5. This Agreement shall be governed by and construed in accordance with the laws of the
State of Georgia.
6. This Agreement may be executed in several counterparts, each of which shall be deemed
an original and all of which counterparts together shall constitute one and the same instrument.
7. Should any provision of this Agreement require judicial interpretation, it is agreed that
the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be
more strictly construed against one party by reason of the rule of construction that a document is to be
construed more strictly against the party who itself or through its agent prepared the same, it being agreed
that the agents of all parties have participated in the preparation hereof.
8. This Agreement supersedes all prior discussions and agreements between Columbia
County and Richmond County with respect to the Intercounty Road and all other matters contained herein
and constitutes the sole and entire agreement between the Columbia County and the Richmond County
with respect thereto. This Agreement may not be modified or amended unless such amendment is set
forth in writing and signed by both parties.
8. This Agr,eement shall apply to, inure to the benefit of and be binding upon and
enforceable against Columbia County and Richmond County and their legal representatives, successors
and assigns, as the case may be.
IN WITNESS WHEREOF, the parties have executed this Agreement under seal as to the date
first above written.
COLUMBIA COUNTY, GEORGIA
4~.~
Chairman of Its Board of Commissioners '"
By:
Attest:
~n~~ ~
[COUNTY SEAL]
Attest:
$~ By
[COUNTY SEAL]
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