HomeMy WebLinkAboutDepartment of Natural Resources (5)
Augusta Richmond GA
DOCUMENT NAME: d~. ffi m-\u'(aJ \'-€..3u.J(Ce.S
DOCUMENT TYPE: ~Y~ex-Hr
YEAR: ~I
BOX NUMBER: 03
FILE NUMBER: \ ~~L\ 9
NUMBER OF PAGES: -5
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Contract for State Grant #412-~90511
STATE OF GEORGIA
COUNTY OF FULTON
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ARTICLES OF AGREEMENT
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THIS AGREEMENT, made and entered into the
71
day of
October
in the year of Nineteen Hundred Ninety-seven
(1997), by and between the DEPARTMENT OF NATURAL RESOURCES
(hereinafter referred to as the "DEPARTMENT"), whose address is 205
Butler Street, S.E., Atlanta, Georgia 30334, acting for and on
behalf of the state of Georgia, and the AUGUSTA-RICHMOND COUNTY
CONSOLIDATED GOVERNMENT (hereinafter referred to as the "GRANTEE"),
whose address is 530 Greene street, Augusta, Georgia 30911.
WITNESSETH
WHEREAS, the provision of adequate public recreation and park
facilities, 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 govern-
ment 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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WHEREAS, the GRANTEE has a need to make recreational
improvements for the citizens of Augusta and Richmond County and
the costs of the Project are higher than may be adequately borne by
the GRANTEE; and
WHEREAS, the Governor has made available to the DEPARTMENT the
sum of FOUR THOUSAND SIX HUNDRED DOLLARS ($4,600) from his discre-
tionary funds to assist the GRANTEE with the above project;
NOW, THEREFORE, in consideration of the promises, 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 purchasing and installing lighted buoys in
needed areas of the Savannah River;
(b) develop, operate and maintain the facilities
for all of the people of the State of Georgia;
(c) execute and complete this PROJECT by the 31st
day of December, Nineteen Hundred Ninety-nine (1999);
(2) The DEPARTMENT will, in consideration of such undertak-
ings by the GRANTEE, pay to the GRANTEE the sum of FOUR THOUSAND
SIX HUNDRED DOLLARS ($4,600) upon the signing of this Agreement by
both parties thereto.
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(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 any
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 written 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
contract with or employ any such person, firm, corporation or
association having any such interest.
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(6) The parties to this Agreement certify that the provisions
of law contained in the Act prohibiting full and part-time appoint-
ive 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 provisions 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) The Agreement and all rights, privileges, and responsi-
bilities 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.
(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.
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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
BY
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Witness
Burt Weerts, Director
Parks, Recreation and
Historic sites
AUGUSTA-RICHMOND COUNTY
CONSOLIDATED GOVERNMENT
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My COmmission Expires Dec. 5. 2001
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