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Home My WebLink AboutRIGHT OF ENTRY LICENSE GEORGIA HALL OF FAME AUTHORITYSTATE OF GEORGIA COUNTY OF FULTON: RIGHT OF ENTRY (License) THIS AGREEMENT (hereinafter "Right of Entry ") made and entered into this I day of I' L , 2010 (the date to be inserted by the last party to execute)(hereinafter "Effective Date ") by and between the GEORGIA GOLF HALL OF FAME COMMISSION and GEORGIA GOLF HALL OF FAME AUTHORITY, 1100 Reynolds St, Augusta, Georgia 30901 (hereinafter collectively referred to as "GGHFC ") and AUGUSTA - RICHOMOND COUNTY, GEORGIA, BOARD OF COMMISSIONERS, 530 Greene St., Augusta, GA 30901 (hereinafter "AUGUSTA" which reference shall include its officers, members, employees, successors, assigns, and agents)( GGHFC and AUGUSTA collectively referred to as the "Parties "). WITNESSETH: WHEREAS, the State of Georgia, with custody and control in GGHFC, is the owner of improved real property located in the Augusta- Richmond County, Georgia, being commonly known and designated as the Georgia Golf Hall of Fame, 1100 Reynolds St, Augusta, Georgia 30901 (hereinafter the "Property "). WHEREAS, AUGUSTA desires to enter upon the Property for the purpose of cutting, trimming, planting, maintaining, and clearing grass or brush on the Property; and WHEREAS, pursuant to 1983 GA. CONST., ART. 9, SEC. 3, PARA. 1, the Parties hereto may contract for any period not exceeding 50 years with each other for the provision of services, or for the joint or separate use of facilities or equipment. NOW, THEREFORE, for and in consideration of the sum of TEN & NO/ 100 DOLLARS ($10.00) and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Right of Entry 1.1 GGHFC hereby grants to AUGUSTA the right to enter the Property for the sole purpose of mowing, trimming, clearing, planting, and maintaining grass or brush on the Property. 1.2 GGHFC does not confer upon AUGUSTA, or any party acting by or through AUGUSTA pursuant to this Right of Entry any right, title, interest, or estate in the Property, nor confer upon AUGUSTA a license coupled with an interest or an easement. 2. Term The Right of Entry granted herein shall expire and become void one (1) year from the Effective Date. 3. Repair and Hold Harmless 3.1 AUGUSTA shall undertake all activities, contemplated in this grant, in a manner so as not to damage the Property or unreasonably interfere with the operation at the Property. AUGUSTA shall promptly repair or reimburse GGHFC for any damage to the Property caused by AUGUSTA or any party acting by or through AUGUSTA pursuant to this Right of Entry. 3.2 AUGUSTA may engage one or more independent contractors who will enter the Property as agents of AUGUSTA. By contract, AUGUSTA will cause the agents to assume liability for loss or damages that may be experienced by GGHFC as a result of the agents' activities on the Property. 3.3 AUGUSTA shall ensure that any party acting by or through AUGUSTA pursuant to this Right of Entry execute the "Release and Waiver Liability" form attached hereto as Exhibit A and made a part hereof by reference prior to performing any activities described herein. 3.4 AUGUSTA shall cause any agents used by Augusta to hold harmless GGHFC, and the State of Georgia, their departments, agencies and instrumentalities and all of their respective officers, members, employees and agents from and against any and all claims, demands, liabilities, losses, cost or expenses, including attorneys' fees, arising out of or in connection with the negligent of willful acts or omissions of AUGUSTA in the exercise of its rights under this Right of Entry. 4. Revocation Either party, after thirty (30) days written notice to the other Party, may terminate this Right of Entry. 5. General Provisions 5.1 Execution of this Right of Entry by AUGUSTA will be considered notice of AUGUSTA'S entry onto the Property on or before April 14, 2010. Thereafter, AUGUSTA shall notify GGHFC at least forty -eight (48) hours in advance of AUGUSTA's intention to enter upon the Property. Upon notice, GGHFC will use its best efforts to provide access to the Property to perform the activities contemplated hereunder. Notice may be made to GGHFC by: (fax) 478/745 -8934 or (email) Bryan Persons [bbpersons @yahoo.com] with copy to (fax): (404) -651 -8084 or (email) Frank. Smith [ frank. smith @ spc.ga. ov 5.2 Failure of GGHFC to exercise any rights provided for herein shall not constitute a waiver of GGHFC rights to demand exact compliance with the terms and conditions of this grant. 577076 2 5.3 If any term, covenant, or condition of this grant or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this grant, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and each term, covenant, or condition of this grant shall be valid and be enforced to the fullest extent permitted by law. 5.4 Notwithstanding any provision contained in this Right of Entry, GGHFC has not waived its right to pursue any and all remedies that GGHFC may have at law or equity for damages caused by or resulting from AUGUSTA's activities undertaken pursuant to this Right of Entry or for AUGUSTA's default under this Right of Entry. 5.5 This grant is made and delivered in the State of Georgia, and shall be construed and enforced according to the laws of the State of Georgia. 5.6 This grant constitutes the full and complete agreement between the parties hereto with respect to all matters contained herein; and evidence of any prior or contemporaneous oral agreement or understanding shall be inadmissible to alter the terms of this grant. This grant may not be modified, rescinded, terminated, or amended, in whole or in part, except by the written consent of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands. LINCESOR: GEORGIA GOLF HALL OF FAME COMMISSION and GEORGIA GOLF HALL OFF UT By (Seal) an Persons Chairman of GGHFC and GGHFA LICENSEE: AUGUSTA - RICHMOND COUNTY, GEORGIA Deke Copenhaver Mayor of Augusta, Georgia 577076 5.3 If any term, covenant, or condition of this grant or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this grant, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and each term, covenant, or condition of this grant shall be valid and be enforced to the fullest extent permitted by law. 5.4 Notwithstanding any provision contained in this Right of Entry, GGHFC has not waived its right to pursue any and all remedies that GGHFC may have at law or equity for damages caused by or resulting from AUGUSTA's activities undertaken pursuant to this Right of Entry or for AUGUSTA's default under this Right of Entry. 5.5 This grant is made and delivered in the State of Georgia, and shall be construed and enforced according to the laws of the State of Georgia. 5.6 This grant constitutes the full and complete agreement between the parties hereto with respect to all matters contained herein; and evidence of any prior or contemporaneous oral agreement or understanding shall be inadmissible to alter the terms of this grant. This grant may not be modified, rescinded, terminated, or amended, in whole or in part, except by the written consent of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands. LINCESOR: GEORGIA GOLF HALL OF FAME COMMISSION and GEORGIA GOLF HALL OF FAME AUTHORITY By: (Seal) Bryan Persons Chairman of GGHFC and GGHFA LICENSEE: AUGUSTA-RICHMOND COUNTY, GEORGIA By: Deke Copenhaver Mayor August Gil gpp/J /iAa ATTEST: r s its Cle k 577076 Exhibit A Release and Waiver of Liability �s o D This Release and Waiver of iability (the "Rel ase"), effective on this date of execution, _ day of X) 1 , 2010 ( "effective Date "), by f 4 _ $ is in favor of the STATE OF GEORGIA and the GEORGIA GOLF HALL OF FAME AUTHORITY and the GEORGIA HALL OF FAME COMMISSION ( "GGHFC "), organized and existing under the laws of the State of Georgia. The undersigned does hereby release, remise, demise, disclaim and forever discharge and hold the State of Georgia and GGHFC, their respective departments, agencies and instrumentalities and all of their respective officers, members, employees and agents harmless from any and all claims, demands, rights, causes of action and damages, of every kind and nature whatsoever, past, present, or future, whether known or unknown, specifically including but not limited to bodily injury, personal injury, illness, death, or property. This Release is intended to be as broad and inclusive as permitted by law and shall be governed by and interpreted in accordance with the laws of the State of Georgia. In the event any clause or provision of this Release shall be held to be invalid by a court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable. IN WITNESS WHEREOF, the parties have caused this Release to be executed under seal by their duly authorized representatives. B U Name 0,4E e-0/f V H f t C Z Its 14 14t' / ATTEST: )4 As its Cl k 577076