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HomeMy WebLinkAboutDepartment of Natural Resources Augusta Richmond GA DOCUMENT NAME: dept: ~ \O-\-u~OJ '(esou,C-eS DOCUMENT TYPE: ~~~* YEAR: C\~ BOX NUMBER: 06 FILE NUMBER: \l\~d5 NUMBER OF PAGES: (g , Contract for State Grant #412-890541 STATE OF GEORGIA COUNTY OF FULTON ARTICLES OF AGREEMENT THIS AGREEMENT, made and entered into the 3D -d--- day of r ,in the year of Nineteen Hundred Ninety-Eight (1998), by and between the DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as the "DEPARTMENT"), whose address is 205 Butler Street, S.E., Suite 1352, Atlanta, Georgia 30334, acting for and on behalf of the State of Georgia, and the CITY OF AUGUSTA, (hereinafter referred to as the "GRANTEE"), whose address is Municipal Building, Room 806, Augusta, Georgia 30911. WITNESSETH WHEREAS, the provision of adequate public recreational and park facilities, services, equipment, and area; the preservation of scenic, historical, ecological, and scientific sites, and the safe maintenance of such areas and facilities is an obligation of State government and a benefit to all the people; and WHEREAS, Section 12-3-32 of the Official Code of Georgia Annotated (O.C.G.A.) requires the DEPARTMENT to provide the above-mentioned services and facilities; and WHEREAS, the DEPARTMENT is authorized by Section 12-3-5 of the O.C.G.A. to contract with any county, municipality, local government or combination thereof or any public or private corporation or person to further or assist in furthering any of the services, purposes, duties or responsibilities or functions vested in the DEPARTMENT; and , - 2 - WHEREAS, the GRANTEE has a need to renovate Hil.lside Park for the citizens of the City of Augusta, County of Richmond and the costs of the Project are higher than may be adequately borne by the GRANTEE; and WHEREAS, the DEPARTMENT has made available the sum of TEN THOUSAND DOLLARS ($10,000) from the Recreation Assistance Fund to assist the GRANTEE with the above project; NOW, THEREFORE, in consideration of the premises, conditions and covenants hereinafter set forth, the parties hereby agree as follows: (1 ) The GRANTEE agrees by the necessary negotiations, agreements, contracts and use of its own personnel and facilities to: (a) utilize the financial grant-in-aid to help offset expenses of relighting and resurfacing the tennis courts, replacing old playground equipment with new equipment and other related improvements at Hillside Park; (b) develop, operate and maintain facilities and provide services for all of the people ofthe State of Georgia; (c) execute and complete this PROJECT by the 30th day of June, Two Thousand (2000); (d) maintain satisfactory financial accounts, documents, and records on this project and to submit them to the DEPARTMENT upon completion of the PROJECT or upon the DEPARTMENT's request for retention and possible auditing. - 3 - (2) The DEPARTMENT will, in consideration of such undertakings by the GRANTEE, pay to the GRANTEE the sum of TEN THOUSAND DOLLARS ($10,000) upon the signing of this AGREEMENT by both parties thereto. (3) The GRANTEE and the DEPARTMENT mutually agree: that this AGREEMENT is based upon the condition that if the GRANTEE fails to perform fully that which it herein agrees to perform, this contract shall be void and of no effect and in such event, any funds thus far paid by the DEPARTMENT to the GRANTEE shall be returned, and shall be due and owing to said DEPARTMENT, but if such condition is fully and truly performed, this AGREEMENT shall be and remain in full force and effect. (4) The failure of the DEPARTMENT at any time to require performance by the GRANTEE of any provision thereof, shall in no way affect the right of the DEPARTMENT thereafter to enforce the same, nor shall the waiver by the DEPARTMENT of any breach of provision thereof be taken or held to be a waiver of any succeeding breach of the provision or as a waiver, modification or rescission of the contract itself. This AGREEMENT and the proceeds of this AGREEMENT may not be assigned nor may the performance thereunder be assigned except with the prior consent of the Commissioner of Natural Resources. (5) The GRANTEE covenants that it presently has no interest and shall not acquire any interest, director indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT. The GRANTEE further covenants that in the performance of this AGREEMENT it will not -4- -5- (11) This AGREEMENT is executed in two (2) counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. IN WITNESS WHEREOF, the parties have executed this AGREEMENT to be given effect as of the day and year first above written. GEORGIA DEPARTMENT OF NATURALRESOUR S je~ C1Jo/V BY: Burt Weerts, Director Parks, Recreation and Historic Sites Division CITY OF AUGUSTA d.$d}I~. . ness This document approved as F~.a~qi orney Dale .' .. GeoWJI1'.,. STATE PARKS & HISTORIC SITES - Georgia Department of Natural Resources 205 Butler Street, SE, Suite 1352, Atlanta, Georgia 30334 Burt Weerts, Director, Parks, Recreation and Historic Sites Division Antoinette C.Norfleet, Grants Administrator 404/656-6534 FAX 404/651-5871 February 4, 1999 Honorable Larry E. Sconyers Mayor, City of Augusta Municipa! Building, Room 806 Augusta, Georgia 30911 Dear Mayor Sconyers: Hillside Park $ 10,000 Enclosed for your retention and files is an executed contract for the above referenced grant. A check will be forwarded to you directly from our Accounting Office for the full amount of the grant. You may now begin the activities necessary to successfully complete that project according to the scope of work and terms and conditions of the grant as specified in the contract. Please advise this office in writing when the grant funds have been expended and all work elements completed. We are pleased to assist you in your efforts to provide recreation facilities and services fer the citizens of your community. If we may provide additional information or be of further assistance in any way, please call me at (404)656-6534. Si~~ Antoinette C. Norfl~ Grants Administrator an Enclosure t.. '..- '. .~. ;.- ",r-, "., . t,.:. ;." .I',.. ,~;_~. ~ :'": ':,.:~. :: ~;.!.i;i.;':'~~:~" .~4~\I '/\1" 1.:i.;1:! _:.-,:; ~;j!/! i:L':".~';~~..i":'::'cr.,',:";:nL ~CG :.\...\1". i.;':'~ t!;"ri. ~;II'Jr.'.:::: Ot f:;: :<. i~::;~ :l'.~#':.j '!" ;r;~ .:":,~. ,'.'1". -,:1 ':.~-;;:..~~~