HomeMy WebLinkAboutINTERGOVERNMENTAL AGREEMENT AND ORIGINAL AMENDED INTERGOVERMENTAL D'ANTIGNAC STREET DRAINAGE IMPROVEMENTS
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Amended Intergovernmental Agreement
For D'Antignac Street Drainage Improvements
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
FIRST AMENDMENT
INTERGOVERNMENTAL AGREEMENT
FOR THE CONSTRUCTION AND FUNDING OF A 36" OVERFLOW STORM
SEWER LINE FOR IMPROVEMENT OF STORM DRAINAGE
FACILITIES ALONG D'ANTIGNAC. STREET-IN THEAREA OF
UNIVERSITY HOSPITAL AND
GUARANTY AGREEMENT FROM UNIVERSITY HEALTH SERVICES, INC.
THIS AMENDED AGREEMENT is made and entered this the~8tJ'"day- of
~, 2007, by and between Augusta, Georgia, also known as Augusta-Richmond County,
a political subdivision of the State of Georgia (hereinafter referred to as "Augusta"), and the
Richmond County Hospital Authority (hereinafter known as the "Authority"), which owns the real
property upon which University Health Services, Inc., a Georgia nonprofit corporation, operates
University Hospital.
WITNESSETH:
WHEREAS, the Augusta-Richmond County Commission conditioned its adoption of said
Agreement by setting an expenditure cap of $1,600,000.00.
N_OW THEREFORE, said Agreement is amended by striking theref!.om ~ Section 2 ...<2..~~ge 2 ~___~_~_
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said Agreement the following:
"During the course of said work, Authority shall, upon certification by Augusta, pay all
contractors, material, suppliers and professional services providers in a timely manner at a cost
estimated to be $1,600,000.00 and within a project schedule beginning as soon as feasible with an
estimated completion date on or about six months later";
and in lieu thereof, the following language is inserted:
"During the course of said work, Authority shall, upon certification by Augusta, pay all
contractors, material, suppliers and professional services providers in a timely manner at a cost not
to exceed $1,600,000.00 and within a project schedule beginning as soon as feasible with an
estimated completion date on or about six months later".
IN WITNESS WHEREOF, Augusta, the Authority and University acting through their
duly authorized officials have caused this Agreement to be signed in triplicate originals, sealed and
delivered on the date indicated herein.
lAG 1360217.1
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Intergovennnnental~reeEnent
For D' Antignac Street Drainage IEnproveEnents
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
INTERGOVERNMENTAL AGREEMENT
FOR THE CONSTRUCTION AND FUNDING OF A 36" OVERFLOW STORM
SEWER UNE FOR IMPROVEMENT OF STORM DRAINAGE
FACILITIES ALONG D'ANTIGNAC STREET IN THE AREA OF
UNIVERSITY HOSPITAL AND
GUARANTY AGREEMENT FROM UNIVERSITY HEALTH SERVICES, INC.
THIS AGREEMENT is made and entered this the 22nd day of March, 2007, by and
between Augusta, Georgia, also known as Augusta-Richmond County, a political subdivision of the
State of Georgia (hereinafter referred to as "Augusta"), and the Richmond County Hospital
Authority (hereinafter known as the "Authority"), which owns the real property upon which
University Health Services, Inc., a Georgia nonprofit corporation, operates University Hospital.
WITNESSETH:
WHEREAS, University Hospital is located at 1350 Walton Way and is served by Augusta's
storm sewer system and is experiencing flooding in the roadway entrances and exits to said Hospital;
and
WHEREAS, Augusta, Georgia has funding authorized for the improvement of its storm
sewage system serving the University Hospital area; and
WHEREAS, said funding is under the authority of the Special Purpose Local Option Sales
Tax, and is estimated for receipt by Augusta pursuant to O.e.G.A. ~ 48-8-110 et seq. (the "Act"), in
the last quarter of 2007 or 2008; and
WHEREAS, the Hospital Authority and Augusta desire to undertake and fund said project
at an earlier date than as is scheduled through SPLOST collections; and
WHEREAS, the Hospital and the public would benefit from the elimination of flooding in
this area through the expedited construction of said 36" overflow sewer as is more specifically
shown and designated as to its location on Exhibit "A" which is attached hereto and incorporated
herein by reference.
NOW, THEREFORE, in consideration of the mutual promises and understandings made
in this Agreement, and for other good and valuable consideration, Augusta and the Authority agree
as follows:
1AO 1360217.1
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Section 1. Representations and Mutual Covenants
A. Augusta makes the following representations and warranties which may be specifically relied
upon by all parties as a basis for entering this Agreement:
(i) Augusta is a political subdivision duly created and organized under the Constitution of the
State of Georgia;
(ii) The governing authority of Augusta is duly authorized to execute, deliver and perform this
Agreement; and
(iii) This Agreement is a valid, binding, and enforceable obligation of Augusta; and
B. Richmond County Hospital Authority makes the following representations and warranties
which may be specifically relied upon by all parties as a basis for entering this Agreement:
(i) The Authority is duly created and organized under the Laws of the State of Georgia;
(ii) The Authority is duly authorized to execute, deliver and perform this Agreement;
(iii) This Agreement is a valid, binding, and enforceable obligation of the Authority.
Section 2. The Project
Augusta hereby authorizes the laying of said pipeline by Augusta's contractor through the
property of Augusta, including but not limited to the right-of-way ofD'Antignac Street.
Augusta shall cause said storm sewer to be constructed by a contractor chosen by it under
emergency procurement procedures and contract documents approved by Augusta, which are
necessary or convenient to the construction of said 36" overflow storm sewer line.
During the course of said work, Authority shall, upon certification by Augusta, pay all
contractors, material, suppliers and professional services providers in a timely manner at a cost
estimated to be $1,600,000.00 and within a project schedule beginning as soon as feasible with an
estimated completion date on or about six months later.
Upon the completion of said sewer line and receipt of funding under the Act, but in no event
later than the end of the first quarter of calendar year 2009, Augusta shall remit full payment to
Authority, reimbursing Authority, without interest, for all amounts paid by Authority pursuant to the
above paragraph.
Section 3. County SPLOST Fund; Separate Accounts; No Commingling
A. A special fund or account shall be created by the Authority and designated as the D' Antignac
Street Drainage Improvements Account and shall be opened and administered in compliance with
Georgia law with respect to the accounting for SPLOST funds so as to fulfill the requirements of
Georgia Law with respect to the accounting of SPWST funds.
2AO 1360217.1
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Section 4. Notices
All notices, consents, waivers, directions, requests or other instruments or communications provided
for under this Agreement shall be deemed properly given when delivered personally or sent by
registered or certified United States mail, postage prepaid, as follows:
Augusta-Richmond County
David S. Copenhaver, Mayor
Frederick L. Russell, Administrator
530 Greene Street
Augusta, Georgia 30911
Richmond County Hospital Authority
Mac A. Bowman, M.D., Chairman
c/o Robert M. Taylor, CFO
1350 Walton Way
Augusta, Georgia 30901-2629
University Health Services, Inc.
J. Larry Read, President and CEO
1350 Walton Way
Augusta, Georgia 30901-2629
Section 5. Amendments
This Agreement shall not be amended or modified except by agreement in writing.
Section 6. Governing Law
This Agreement shall be deemed to have been made and shall be construed and enforced m
accordance with the laws of the State of Georgia.
Section 7. Severability
Should any phrase, clause, sentence, or paragraph of this Agreement be held invalid or
unconstitutional, the remainder of the Agreement shall remain in full force and effect as if such
invalid or unconstitutional provision were not contained in the Agreement unless the elimination of
such provision detrimentally reduces the consideration that any party is to receive under this
Agreement or materially affects the operation of this Agreement
Section 8. Compliance with Law
Augusta, the Authority and University shall comply with all applicable local, State, and Federal
statutes, ordinances, rules and regulations.
Section 9. No Consent to Breach
No consent or waiver, express or implied, by any party to this Agreement, to any breach of any
covenant, condition or duty of another party shall be construed as a consent to or waiver of any
future breach of the same.
3AO 1360217.1
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Section 10. Counterparts
This Agreement may be executed in several counterparts, each of which shall be an original and all
of which shall constitute but one and the same instrument.
Section 11. Mediation
Augusta, Authority and University agree to submit any controversy arising under this Agreement to
mediation for a resolution. The parties to the mediation shall mutually select a neutral party to serve
as mediator. Costs of mediation shall be shared equally among the parties to the mediation.
IN WITNESS WHEREOF, Augusta, the Authority and University acting through their
duly authorized officials have caused this Agreement to be signed in triplicate originals, sealed and
delivered on the date indicated herein.
AUGUSTA, GEORG
By: U: '--d.
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Clerk .
4AO 1360217.1
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GUARANTY OF PAYMENT
In consideration of the benefits to its facilities, as set forth in this Agreement and the contract
documents, University Health Services, Inc. (hereinafter "University") is made a party to this
Agreement to guarantee timely payment by Authority to all contractors, sub-contractors, material
and service suppliers, authorized to perform work as part of this project and whose work is accepted
by Authority and Augusta.
UNIVERSITY HEALTH SERVICES, INC.
By:
J.L
A~.~.~(L
Clerk
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5AO 1360217.1
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