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HomeMy WebLinkAboutGoodale Landing Homeowners Association Augusta Richmond GA DOCUMENT NAME ~W e., U)fD\ "S \-\C>rf'le ~\.3< Assc:x:J cth6n DOCUMENT TYPE: CX()'(~\- YEAR: qq; BOX NUMBER: D--\ FILE NUMBER: \:SS \ L\ NUMBER OF PAGES: ---l0 .. ~ "\ ." A G RE E M' E 'N T THIS AGREEMENT made and entered into this 3 day of February, . 1998, betw~en AUGUST A, GEORGIA, a political subdivision of the State of Georgia ,,{ (hereinafter the "City") and GOODALE LANDING HOMEOWNERS ASSOCIATION, INC., a corporation existing under the laws of the State of Georgia (hereinafter the "Association"); WIT N E SSE T H: WHEREAS, under the provisions of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, the City has entered into a Project agreement with the Natural Resources' Conservation Service (NRCS)' and the State of 'Georgia/GEMA to construct and repair certain emergency watershed protection measures (seawal.l) (the "Construction Project") in Richmond County, Georgia, DSR Site 245-001, which seawall - is located in the Savannah River on and near property owned by the Association. A copy of said Projec~ agreem~nt is attached :her~,to as Exhibit A; and " : . . WHEREAS, the estimated cost of said cons~ru~tion project IS $1,463,000.00, which' is to ,be p'aid 76% by NRCS'and 25% by Stat~ o(Georgia/GEMA; and {'. : '..' , . ,.. '.' . " WHEREAS, the Association owns the real property located immediately adjacent to and abutting the seawal.l which property is presently denominated as 1 "' '. "Common Properties" under the existing Bylaws and Covenants of 'the Association; and WHEREAS"in connection with the Construction Project, the Association has agreed to give the necessary permit to enter upon and use its real property so that the . necessary work can be performed on the Construction Project; and WHEREAS, the Association has further agreed to remove any sod, shrubs or other improvements located within twenty-five (25) feet of the present water line of the Savannah River and to replace and maintain the area of construction with sod, shrubs and other appropriate landscaping upon completion of the Construction Project; and WHEREAS, the Association has further agreed to assume full and complete responsibility for upkeep and maintenance of the seawall and its property immediately adjacent thereto upon completion of the Construction Project; and WHEREAS, the Association has further agreed to pay any and all costs of the Construction Project which are not paid by NRCS and the State of Georgia/GEMA, said costs to be paid through the creation of a Special Tax District to be established by the City upon request from the Association; and WHEREAS, the Association has further agreed to release and indemnify the City from and against any and all claims or demands arising out of the Construction Project. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL BENEFITS FLOWING TO THE PARTIES, the City and the Association agree 2 . '\ as follows: (1) Within seven (7) days of notification from the City, the Association shall remove any sod, shrubs, landscaping or other improvements located within twenty- . five (25) feet of the ,existing water line of the Savannah River. Should the Association fail to remove such items, neither the City, the Natural Resource Conservation Service, nor the contractor performing the Construction Project shall be liable for any damages sustained to said items during the Construction Project. The Association shall be responsible for re-vE!getating by sod, plantings, landscaping, etc. all bare areas existing upon completion of the construction project within thirty (30) calendar days after notice is received from the City that installation of the seawall is complete. The Association shall remove all boats and other personal property from the docks and surrounding areas for the duration of the contract within seven (7) calendar days of notification of commencement of the construction work. Neither the City, the NRCS, nor the contractor performing the construction work shall be liable for any damage to or theft of any boats or other personal property left in the immediate vicinity of the Construction Project. (2) The Association hereby grants permission to the Natural Resources Conservation Service and its agents, including the contractor for the Construction Project, to enter upon the Association's land for the purpose of repairing the seawall at Goodale Landing on the Savannah River. This permit shall include the right to spread 3 soil, remove and dispose of debris, and to perform all other emergency watershed protection measures necessitated by the flood of Hurricane Opal in March, 1996. This permit shall expire upon notification that the Construction Project is complete. (3) Upon completion of the Construction Project, the Association shall assume full and complete responsibility for all future maintenance, repair and upkeep of the seawall and the Association property located adjacent thereto, including those duties described in paragraphs 8(5) and 8(7) of the Project agreement. The City shall have no obligation whatsoever for maintenance or repair for the seawall. (4) The Association shall pay. any and all costs incurred in the Construction Project which are not paid by NRCS and the State of Georgia/GEMA,. At the election of the Association, such costs, if any, may be collected by the City through the establishment of a Special Tax District for the Association. . (5) The Association shall release, defend, indemnify and hold harmless the City, its successors and assigns, from and against any and all claims or demands for personal and property damage arising out of the Construction Project performed on the seawall at Goodale Landing. This indemnification shall include all loss, costs, damages, liability or expense incurred by the City in connection with any and all actions or claims, including, without limitation, court costs and attorney fees. IN WITNESS WHEREOF, the parties hereto have caused these presents 4 , ," to be duly executed by and through its authorized representatives, the day and year first above written. By TlIlI document approved as ~Cien~(2w omey Ie GOODALE'LANDING HOMEOWNERS ASSOCIATION, INC. o.,vu By ~~~ Its Pr-t.~~..le~ BY1~". ./ ~A Its Secretary 5 .. ~~3-~2--1S=~ ~=:29 ~~~M USDR/N~CS GR 5T C~~ CE TCJ 87057225984 P.01 STATE: GEORGIA L'"NIT:::D STATES DEPARTME.."'JT OF' AGRICl.i"LTURE NATURAL RESO~~CES CONSERVATION SERVICE ~?OJEC! AGREEMENT I . TH:::S AGRE~"1ENT, T,ade chis 3- day of ~t..U~ ' 1998, by and between the State of Georgia/GEMA and The City of Augusta-Richmond County, called the Soonsors; and t~e ~atural ~esources Conserva~ion S8~vl~e, U~lted SCates Depart~ent of Agric~lture, called NRCS. WITNESSETH TH.~T: WHER:SAS, under the provisions of the Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, t",he Sponsors and N~CS agree to a plan which provides for restoration of certain works listed below; Construction of Emergency Watershed Protection Measures (Seawall) in Richmond Cou~ty, Georgia, DSR Site 245-001. NOW THEREFORE, in consideration of the premises and of the several promisE:s to be faithfully performed by the parties hereto as set forth, the Sponsors and NRCS rln hereby agree as followo: A. It is agreed that the above-described work is to be constructed at an estimated cost nf ~1,476.000.00. B. The Sponsors will: -. .;;ccept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining r.lr1p.quate land and water rights, peJ:iT\it~, and liL:l:Hses needed for the work of improvement described in Section A. 2. Provide no :ess than 25 percent of the cu~L uf cons~ruc~ing the works as described in Section A. Should the Sponsor's contribution nCit equal 25 percent, the remainder of the' construction ~ost will be provided by the State of Geor9~~ [rom a fund established 'August 29, 1994 under a separate agreement with NRCS. The value of the Sponsor's i~-kind contribution consisting of waiver of tipping fees and appro:x:imo.te1y J, GOO cr of l:~rthfi:!..l as out:linea in the attached Plan of Operations is $13,000.00. The cash contribution by t:-:e Stat:e of Ge.orgia is estimated to be $356,000.00 for a total .eccimo.tcd contribution of $359,000,00. '"l -' . ReVlew and approve t~e plan for the work cescribed in A. - ' ~cc-=~or: ~. ?rovide certificati~~ (sign SCS-ADS-78) that real property r~g~~= have been obt6~~!~d ~cr installation of planned ~easures. ./ ~=3-a2-1S98 ~~:~~ =~CM ~SwR/N~CS GR Sf u~F r- -J 87057225984 P.02 5. Upon accep:ance 0: the work by NRCS from the contractor, assume ~esponsibil~ty for ~peratio~ and mai~tena~ce. Such operation ,"-nei rno.:..ntenance sha1: inclu.ut:, but :lot: be 1im~ted to, insuring that acequate ground cover is maintained tc eli~inate erosion. c. comply wi t11 1.'t:y.u.i.,:'ements of Special :.-'rovisions included ~~ Attachment A of this agreement. 7. U~UH complet10n of emergency protection measures and the elimination cf the threat, the Sponsors will take action, if needed, to Dring the measures up to reasonable standards by other means and/or a~thority. Gnless the measures are brought up to reasonable sta..dards, the sponsors will not be eligi~le for future funding under the emergency watershed protection program. 8. Designate an individual to serve as liaison officer between the Sponsors and the NRCS, listing his/her duties, responsibilities, and authorities. Within seven days cf completion of each item in the plan of work, the liaison officer shall provide supporting documentation to NRCS for the actual cost of their in-kind contribution of the work described in A. C. NRCS will: 1. Provide a maximum of 75 percent of the cost of ~("lT"lst,ruct ing the works of improvement described in Section A, This cost is estimated to be $1,107,000.00. 2. Contract for the construction of the works of improvement described in Seccion A in accordance with Federal Acquisition Regulations. 3. Provide authorized technical services, including but not limi tp.d r.o nnt'..::l; T"li ng basic information: preparation of contr;J.ct3, drawings, and designs; contract administration: and quality assurance during installation. 4. Arrang;e for and conduct final inspection of the completed works of improvement with the Spcnsors to determine whether all work has bsen perforr:1ed in .3lCcord<:lnce, with the contractual requirements. Accept '....ork from contractor; notify the Sponsors of acceptance: and turn over the accepted works to the Sponsors. _. Upon completion of all work described :':1 A., provide actual cost of consturction to be used with the Sponsors actual cost of in- kind contributions to determine the amount to ~~ cUIltributed by the State of Georgia to net the minimum 25 percent Sponsor contribution. NRCS will bill the State o:,Georgia for the cash contribution when local sponsors cont~ibution ~s u~lww the minimum requirement in B.l. D. It is mucually agreed t~at: 1. '.. =::E-02-15S3 :5::8 ~~CM USDR/NRCS GR ST C~= ;0 E705722SgS4 P.03 1. No merr~er of or celegate to Congress cr Resident Commissicner stall be adm~ tted t::: any share or part of t:'1i8 agreement or to any benefit t~at may a~ise ~~erefrom; but this p~ovision shall not be construed to extend to ~his agreement if made witt a corporation for its general benefit. ~ . The :l..:,rn:.sn:l.;".g of financial and other asistance by NRCS is ~on~i~gent on tte availability of funds appropriated by Congress :rcm which payTIent may be made and shal:'pot obliga~e NRCS upon ::ail-..:.re of the: congress to appropriate funds. .;. ~RCS r.tay terminate t~is aqreement in whole or in part .....hen it is cie~e~ined by ~KCS :hat t~e SpOnsors have failed to comply with any of the conditions of this agreement. NRCS shall pro~ptly nctify the Sponso~s in writing of the determination and reasons :or the termination, together with the effective date. Payments or recoveries ~ade by NRCS ~~der this terminaticn shall ,be in accord with the :egal rights and liabilities of NRCS and the Sponsors. 4. This clgreement may be teJ'T1!'lC')r~ri 1 y suspended by NRCS if it determines that corrective action by the Sponsors is needed to meet the provi.s:.ons 0:: this agreement. futher, NRCS may suspend tni~ ~greement ~hen it is evident that a termination is pending. 5. The pr'ogram conducted will be in compliance with the non- discrimi~r.atic>n provisions as contained in Title VI ana VII of the Civil R.ights )l.ct of 1964, as amended, the Civil Rights Restoration Act of 1987 (Public Law 100-259) a.."1d other non-discrimination statutes, namely Secticn 501 of t~e Rch~bilit~tion Act of 197J, Title :X or :r.e Education Amendments of 1972, the Age Discrimination Act or :975, and in c.ccordance with regulations of the Secretary of Agricul ':.ure (7 CPR :S, Subparts A &: B) which provide that: :10 pe~-son :.n the United States shall on grounds of race, color, national origin, age, sex, religion, marital status or handicap, be excluded f::-om percicipe.tion in or be denied the benefiLs v[, UL' l.J~ otherwise subjected ~o discrimination under any program or activity receiving federal financial assistance from the Depart~ent of Agriculture or any ager.cy thereof, 6. The procurement of materials necessary for accomplishing the works of irnf'l.'I..IVl:::llll:::uL u~::;cribed in Section A , will nor. be made from the Sponsors or firms in which any official of such orgainzation or any member of such official's immediate family has direct or indirect financial i::tE~resc. 7, Addit.ional:'J..."1ds, properly allocable 2.5 construction costs as determined by NKC~. are to De proviced in che same ratio and terms as consr.r~c~ion funds are contributed under the term~ of this agreenent. 3. ~1-' l..~S agreement ~s effective the date ~_ ~s fully executed. . ';-.~-. ==3-02-15'38 ~5:.31 =:;:OM USOR/NF<:CS Gf-l ::f CFF ,= TO 87067225984 P.04 GEORGIA EMERGENCY ~1ANAGEMENT AGENCY STATE OF GEORGIA 3Y: TI'I'LE: '0ATE: BY: ~~ - RICHMOND COUNTY ~ ~~UA~Lj ~ /1?t T~is action authorized at an official meeting of the Augusta/Richmond County Commission on the 'Y day 1998, at ~/o .c::t~t: Date: Tllla docllllltn! ~roved as ~~r~K ~ Ie uNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE D,u {(ere~ ~ro :UmtnISS/OtV (Ti,tlel BY: Title; Date: '=E:2-a2-1 ~~e ~S:31 =:;:CJM USDR/Ni-<CS GR :;1 I.YF '0 87057225984 ". ~~~ OF C~ERATIONS IN-KIND SERVICES ?hE!se in-:-<'ind services will be applied to ti:e sponsors' sha=e of thE~ work to be performed on DSR Site 245 - 001. The City or Aususca/Rich~ond County has the fcllowi~g ~tems or servicE!s; Furnish apPJ:oximately 3,000 cubic yarr3~ of earthfill at the Port ~ $3.00 ?er cubic yard = $9,000,00. ~aiver of Tipp~ng fp.p.~ fnr approximately 80 tons of debri~ at the landfill @ $50.00 per ton = $4,000.00. Total in-kinrl 8ervices $13,000.00. P.25 TOTR P.05