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HomeMy WebLinkAboutDepartment of Natural Resources (3) Augusta Richmond GA DOCUMENTNAME 'D~fO\v+r^'-V'+ of- ncJ-orc.-1 RL~()UY-ceS;: DOCUMENT TYPE: ex 3 y6f.-iY\P-"l* YEAR: l 0; C} Co BOX NUMBER: 1. FILE NUMBER: ) 'd ~~O NUMBER OF PAGES: \ ? I \ Contract,for ?tate Grant #412-790460 STATE OF GEORGIA COUNTY OF FULTON ARTICLES OF AGREEMENT THIS AGREEMENT, made and entered into the --.6 day of Au q u s t I in the year of Nineteen Hundred Ninety-six (1996), 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, Geor9ia 30334, acting for and on behalf of the State of Georgia, and AUGUSTA-RICHMOND COUNTY (hereinafter referred to as the "GRANTEE"), whose address is 530 Greene Street, Room 605, CitY-County Building, / I' 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 (0. C. GA ) 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.GA to contract with any county, municipality, '/ocal 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 .. - 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, direct or 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 '. ~ - 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 NATURAL RESOURCES ~~<LWc Burt Weerts, Director Parks, Recreation and Historic Sites Division .,.,~ <o#/~~" -/'~ ~ -.i 0: '.",.,' '(1)...: AUGUSTA-RICHMOND COUNTY .,,~ .... .,.... n-.-; ,- ~..~.::~'