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HomeMy WebLinkAboutDepartment of Natural Resources (4) Augusta Richmond GA DOCUMENT NAME: 1J~ipC"~+ OJ! f);J-\.>yz:;.1 ~00 r--c...e5 DOCUMENT TYPE: 0-0/ ~yrJ-I1 +-- YEAR: I q OJ (p BOX NUMBER: J- FILE NUMBER: / d- <6 () ( NUMBER OF PAGES: 5 1 .. , Contract for State Grant #412-790459' STATE OF GEORGIA COUNTY OF FULTON - --- ARTICLES OF AGREEMENT THIS AGREEMENT, made and entered into the ~ day of A IJ g II S t , 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, Georgia 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 60S, City-County Building, 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 isauthorized 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 J - 2 - WHEREAS, the GRANTEE has a need to make recreation improvements at Master City Baseball Complex located in Augusta-Richmond County 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 renovating existing baseball facilities and related site work to improve accessibility at the South Augusta Little League Complex in Master City Baseball Complex; (b) develop, operate and maintain facilities and provide services for all of the people of the State of Georgia; (c) execute and complete this PROJECT by the 30th day of June, Nineteen Hundred Ninety-eight (1998); (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 pres,ently 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 .. - 4 - contract with or employ any such person, firm, corporation or association having any such interest. (6) The parties to this AGREEMENT certify that the provisions of law contained in the Act prohibiting full and part-time appointive officials and employees of the State from engaging in certain transactions affecting the State contained in a.c.G.A. Sections 45-10- 20 through 45-10-28 have not and will not be violated in any respect in regard to this AGREEMENT. (7) If the GRANTEE is a nonprofit contractor as defined in a,c.G,A. Section 50- ''"'- 20-2, then the GRANTEE agrees to comply with the provision of a,c.G,A. Sections 50-20- 1 through 50-20-8, and in particular the requirements of a, C. G,A. Section 50-20-3, and with such further instructions as the State of Georgia may subsequently require in the implementation of said provisions, (8) This AGREEMENT and all rights, privileges, and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. (9) This AGREEMENT is at all times subject to applicable State and Federal laws, standards, rules and regulations now existing or which may be hereafter enacted or adopted, (10) This AGREEMENT represents the sole and complete understanding of the terms of this AGREEMENT between the parties hereto and may be amended, changed, or modified only by a written document signed by the parties hereto, , 'i . ~ - 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 ~~A'UhL By7?~& Burt Weerts, Director Parks, Recreation and Historic Sites Division AUGUSTA-RICHMOND COUNTY . ;~ 7~-:~~ . ~~' ~ -' /" ".,iJ~ ~ n_~ ...... :..'