HomeMy WebLinkAboutDepartment of Natural Resources (3)
Augusta Richmond GA
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DOCUMENT TYPE: ex 3 y6f.-iY\P-"l*
YEAR: l 0; C} Co
BOX NUMBER: 1.
FILE NUMBER: ) 'd ~~O
NUMBER OF PAGES: \ ?
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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
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(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
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(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
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Burt Weerts, Director
Parks, Recreation and Historic
Sites Division
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AUGUSTA-RICHMOND COUNTY
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