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HomeMy WebLinkAboutSoutheastern Natural Sciences Academy Augusta Richmond GA DOCUMENT NAME: f0j y- .e.eVYlen-+ DOCUMENT TYPE: .A 3 Vee YY\en~ YEAR: '2-DD 1 BOX NUMBER: \ ~ FILE NUMBER: \55'3l9 NUMBER OF PAGES: ~1- BOB YOUNG Mayor WM. "WILLIE" H. MAYS, III Mayor Pro Tem ;- f AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TfORNEY LEE BEARD ULMER BRIDCES JERRY BRIGHAM HENRY H. BRICHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: IWALL@CO.RICHMOND.GA.VS GEORGE R. KOLB Administrator July 27, 2001 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 RE: Southeastern Natural Sciences Academy Land Trust Our File No. AR-65-079-01 Dear Lena: I enclose herewith a fully executed copy of the Agreement between Augusta and Southeastern Natural Sciences Academy LandTrust. Please include this in the City's permanent records. With best personal regards, I am JBW/sjp Enclosure Yours very truly, ~ James B. Wall fa--P ~~ --:: ,~ i' STATE OF GEORGIA ) AGREEMENT COUNTY OF RICHMOND ) THIS AGREEMENT ("Agreement") is made this 5~ day of.:fJft,- 2001, between SOUTHEASTERN NATIONAL SCIENCES ACADEMY LAND TRUST, INC., a nonprofit corporation organized and existing under the laws of the State of Georgia ("Land Trust"), and AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission ("Augusta"); WIT N E SSE T H: WHEREAS, Augusta is eligible under the provisions of the Georgia Greenspace Act (O.C.G.A. S 36-22-1, et seq.) and the Rules and Regulations of the Department of Natural Resources to submit, and has submitted, a Greenspace Program grant proposal requesting a Grant from the Georgia Greenspace Trust Fund (the "Greenspace Program"); and WHEREAS, Augusta has been determined to be eligible for, and will receive a Greenspace Program Grant; and WHEREAS, the Land Trust was formed to acquire, transfer, and manage lands in a manner designed to promote the preservation of environmentally valuable or sensitive lands, recreational lands, agricultural lands, lands of historical or cultural importance, and open spaces; and WHEREAS, the Land Trust is available to accept the transfer of conservation easements under the Greenspace Program; and WHEREAS, the Land Trust is available to assist Augusta in implementing the Greenspace Program; .. ...-- -- ~ ~ 'I .' .. NOW, THEREFORE, the parties hereto, for and in consideration of the mutual promIses herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DO HEREBY AGREE, each for itself and its successors and assigns, as follows: 1. Land Trust hereby acknowledges the terms and conditions of the Georgia Greenspace Program Grant Award Agreement, dated the 12th day of June , 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, a copy of same being attached hereto as Exhibit "A". Land Trust further acknowledges that Augusta, under said Grant Agreement, is prohibited from assigning its right, title or interest under said Grant Agreement, or to delegate any of its duties or obligations, without the express written consent of the State of Georgia, Department of Natural Resources ("DNR") (see Section VII, Paragraph E of Exhibit "A"). The parties hereto agree to submit this Agreement to the DNR for its approval; provided, however, that nothing herein'contained shall relieve Augusta of its obligations under said Grant Agreement. 2. Land Trust agrees to perform the following services in support of the Greenspace program in Augusta, and consider accepting transfer of conservation easements on eligible properties to meet the requirements of the Greenspace Program, to wit; (a) Design and draft a brochure explaining and designed to educate the public regarding the Greenspace Program; (b) Set dates and times and secure places for public meetings to explain and educate the public regarding the Greenspace Program for the purpose of securing landowners to donate property to the Greenspace Program: 2 ...... -'.;: " .' . ; ( c) Provide speakers for meetings and events regarding the Greenspace Program; (d) Provide information to the media and assist the media in educating the public regarding the Greenspace Program; (e) Locate and inventory properties that potentially could be acquired, or interests acquired, consistent with for the Community Greenspace Program; (f) Negotiate the donation or acquisition of properties or interests in properties for the Greenspace Program; (g) Provide recordkeeping serVIces as to the properties or interests acquired for the Greenspace Progranl and providing such records as may be required for reporting requirements to DNR; (h) Provide the donor of any properties, or interests in properties, for the Greenspace Program with an IRS donor receipt; (i) Solicit additional funds for the acquisition of properties or interests in properties for the Greenspace Program; and (j) Provide services and advice regarding insurance for properties in the Greenspace Program. (k) Inspect and monitor lands designated as Greenspace Property for compliance with one or more of the nine statutory goals of the Greenspace Act including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace Act; and 3 "i";.- '. " ..~ ~. (1) Identify and prioritize properties to be acquired by the Grant Funds and submit its recommendations for the expenditure of the Grant Funds to the Augusta- Richmond County Commission such that the Grant Funds shall be expended by no later than three (3) years of receipt by Augusta of the Grant Funds. 3. Augusta agrees to provide the following services in connection with the Greenspace Program, to wit: (a) Print and distribute brochures designed by Land Trust to educate the public regarding the Greenspace Program; (b) Publish all meeting notices in accordance with the requirements of Georgia law; (c) Negotiate the final transaction whereby Augusta shall receive or acqUIre title to, or interests in, properties in the Greenspace Program provided, however, Augusta'is committed to purchasing properties to meet the requirements of the Greenspace Program and to acquiring by donation conservation. easements on other eligible properties; (d) Engage appraisers and other necessary services to meet the requirements of the Rules and Regulations of the DNR in acquiring properties for the Greenspace Program; (e) Provide the title search; opmIOn and title insurance policy m accordance with the Grant Agreement, Georgia law, and the DNR Rules and Regulations; (f) Operate and maintain lands designated as Greenspace Property for compliance with one or more of the nine statutory goals of the Greenspace Act including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, 4 \0) '..~ providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace Act; (g) Provide Augusta's resources to manage and monitor properties, or interests therein, in the Greenspace Program; (h) Approve, deny, or modify proposed prioritization of properties to be acquired per section 3 (f) of this Agreement in a timely manner; and (i) Approve, deny, or modify proposed expenditure of funds III a timely manner for the acquisition of properties pursuant to section 3 (f) of this Agreement. 4. Term. The term of this Agreement shall be for a period of 1 year, to be automatically renewed for additional terms of I year each, unless either party gives at least 60 days notice in advance of January 1 of each year of its intent not to renew this Agreement. 5. Compensation. Augusta shall pay to the Land Trust for its services under this Agreement an annual fee of $55,000.00, payable in equal monthly installments on the last day of each month of the Term of this Agreement, which amount shall be renegotiated each year during Augusta's budgeting process for budgeting funds for the following year. 6. Indemnity; Insurance. Land Trust agrees to indemnify and hold harmless Augusta from any and all claims in any way related to or arising out of any failure of Land Trust to perform its obligations hereunder during the period from the date of this agreement to the end of its Term, including reasonable attorney's fees and expenses of litigation incurred by Augusta in connection therewith. Without limiting the foregoing, Land Trust further agrees to maintain at all times during said period, at Land Trust's expense, comprehensive and general public liability insurance coverage against claims for personal injury, death and/or property damage occurring in 5 .. , . .';" connection with the performance of its obligations hereunder, with limits oJ coverage of not less than $1,000,000.00 per occurrence. The cost of premiums for all policies of insurance required by this Lease Agreement shall be paid by Land Trust. Policies shall be jointly in the names of Augusta and Land Trust, and duplicate copies of the policies shall be delivered to Augusta. 7. Miscellaneous. (a) Notices. All notices, demands, and requests which mayor are required to be given by either Augusta or Land Trust to the other shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for Land Trust: SOUTHEASTERNNA TURAL SCIENCES ACADEMY LAND TRUST 540 B TELFAIR STREET AUGUSTA, GEORGIA 30901 If intended for Augusta: AUGUSTA-RICHMOND COUNTY COMMISSION C/O COUNTY ADMINISTRATOR EIGHTH FLOOR, MUNICIPAL BUILDING AUGUSTA, GEORGIA 30911 Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. (b) Exculpation; Indemnity. Wherever in this Agreement Augusta's liability is limited, modified or exculpated or Land Trust agrees to indemnify or hold Augusta harmless or have Augusta named as an additional insured, the term Augusta shall mean and 6 -;. ;. :'~ .',-' ., .. .~ .. :-:- include the Augusta-Richmond County Commission (including its Mayor) and its members, officers, elected officials, agents, servants, employees and successors in office. (c) Covenants Bind and Benefit Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Agreement pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. (d) This Agreement shall be governed and interpreted by the laws of the state of Georgia. (e) All claims, disputes and other matters in question between the Augusta and Land Trust arising out of or relating to this Agreement, or the breach thereof, shall be decided ;in the Superior Court of Richmond County, Georgia. Land Trust, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest jurisdiction and venue in the Superior Court of Richmond County, Georgia. (f) This Agreement contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations. . . hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. 7 7;, .,;:- r '. ..~:(;.,.. , . .,' ,. i. ~ -." ,- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ~:~~~t:~ . . ;-.... . ".. SOUTHEASTERN NATURAL ACADEMY LAND TRUST By: ------r- ~_~ Title:--P.Mi~' SCIENCES ~..... . " ,....... .or ..... "...... ~ otary ublic My Comm~.~~,iolf:Expires=,:;h';.:<":?':; ;c;. My CommlSSicin'. .." ...., /~~~~t",",:,iti",~i;" ,< ~~:~~?~.j ;gl ~'~.;......'~~. .::;~ ....:.,~.s ~ "'.,~ ' .........__. r-rT-~..r' ~ ;........ VI" ~~f\~, _ ~'\" ~..... ~I':-t..? ';~\. \ ~..~;..."'....." ....t...,c,..~.._.~.\.,.,.. 8 'r ("I- i Q ~C. ;- -;;.~. r"':-; ---, I I. i.. . :- I \li'= ~; I - .<!..-. "- ~ I Georgia Greenspace Program I i Grant Award Agreement I JUN 1 2 2001 I 1 1 10m? - GA GiiWiS?<E G(':\i!',~;SStN i ---..I J THIS AGREEMENT, made and entered into this tz.-~y of ~ J ~ ,2001, by and bet~een the State of Georgia, Department of Natural j;, ces (hereinafter, ONR), with its address at 205 Butler Street, S. E., Suite 1252, Atlanta, Georgia 30334, and Augusta, Georgia, a political subdivision of the State of Georgia with its address at 530 Greene Street, Augusta, Georgia 30911 (hereinafter, GRANTEE). WHEREAS, the Georgia Co.nstitution authorizes grants of State funds to counties and municipalities within the State, Ga. Const. 1983, Art. VII, Sec. III, Para. III; and f WHEREAS, in Chapter 22 of Title 36 of the afficial Code of Georgia Annotated, a.C.G.A S 36-22-1 et seq., (hereinafter referred to as "the Georgia . Greenspace Act" or the "Act"), the General Assembly recognized the unique characteristics of each region in the state and the need for a flexible framework within which populous and rapidly growing cities and counties can develop community greenspace preservation programs; and WHEREAS, the Code provides that it is the intent of the legislature "to promote the adoption in developed and rapidly developing areas of the state of policies, rules, and regulations which will have the effect of preserving at least 20 percent of the land area as conl1ected and open greenspace which can be utilized for informal recreational activities and protection of natural resources," a.c.G.A. S 36-22-1; and WHEREAS, the Georgia Greenspace Act established the Georgia Greenspace Commission (the "Co!TImission") which has the power and duty under the Act to review greenspace progranls submitted by a county, a.C.G.A. S36-22-8, and greenspace programs in which a county participates with a municipality, a.c.G.A. SS36-22-4(c) and 36-22-6(3), and to determine their eligibility for an award of a greenspace grant, a.c.G.A. 936-22-8; and WHEREAS, the Georgia Greenspace Act established the Georgia Greenspace Trust Fund to be administered by DNR in furtherance of the purposes of the Georgia Greenspace Act, see a.C.G.A. S 36-22-4; and WHEREAS, GRANTEE is eligible under the provisions ofO.C:G.A:'9 36-22-10 - of the Act and the Rules and Regulations of O:NR to submit, and has submitted" a' i Exhibit "A" ~ .' greenspace program requesting a grant from the Georgia Greenspace Trust Fund (the "Greenspace Program"); and WHEREAS, the Commission has determined that the Community Greenspace Program submitted by GRANTEE complies with the terms and conditions set out in the Georgia Greenspace Act; and . WHEREAS, the Commission has advised DNR that GRANTEE has become eligible for, and is to receive, a greenspace grant (hereinafter, the "Grant"); and WHEREAS, the Code provides that DNR is to "administer the fund . . . [and] expend moneys held in the fund in furtherance of the purposes of and pursuant to the provisions of' the Act; and WHEREAS, DNR and the GRANTEE (the "Parties") desire to enter into a contract to document the objectives, terms, conditions and restrictions regarding the Grant; NOW, TH~REFORE, for and in consideration of the mutual promises, the public purposes and the acknowledgments and agreements contained herein, together with other good and adequate consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: I. AWARD A. Pursuant to O.CG.A. S 36-22-4 and the decision of the Commission, DNRhereby awards a Grant to GRANTEE in the amount of FIVE HUNDRED NINETY TWO THOUSAND, EIGHT HUNDRED TWENTY SIX DOLLARS AND NO CENTS ($592,826.00) (the "Grant Funds"). B. Hereinafter, "Grant Funds" includes the original funds awarded plus, after receipt by the GRANTEE, all interest earned on those funds. II. GRANTEE'S OBLIGATIONS AND DUTIES A. USE OF GRANT FUNDS - As consideration for the award of the Grant Funds, GRANTEE has established a Community Greenspace Trust Fund pursuant to O.CG.A. ~ 36-22-7 and accepts the Grant Funds in trust and promises to expend the Grant Funds solely for their intended purpose. GRANTEE further promises to: - ..: : ~ ! ~. .. I I 1. Deposit the GraniFunds into the' GRANTEE's ~ommunity Greenspace Trust Fund. \. ~ '} ;.: ~ ~~:.. . - - 2 - 2. Administer the Grant Funds in a manner consistent with the purposes of the Georgia , I Greenspace Act and the Rules and Regulations promulgated by DNR and the terms and conditions of this Agreement. 3. Utilize the Grant Funds to acquire interests in real property located within Richmond County; and 4. Use the Grant Funds solely for the Costs of Acquisition of greenspace as defined in a.c.G.A. 936-22-2(3) of the Act and the Rules and Regulations of DNR (hereinafter, "the Greenspace Property"). S. Specifically reference this Agreement in GRANTEE's deed or other instrument of acquisition of Greenspace Property, when Grant Funds were used in whole or in part for the acquisition, and recite that the State of Georgia is a third-party beneficiary under this Agreement and that, if the property is used for anything other than as Greenspace Property, the State of Georgia has a right to require specific performance of this Agreement and require thatthe property be returned to the use as provided herein. 6. Record on its Capital Account as Greenspace Property each interest in that land was acquired in whole or in part with Grant Funds. 7. Operate and maintain lands designated as Greenspace Property in such a manner as to achieve one or more of the nine statutory goals of the Act including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, providing passive recreation, or providing connective links between lands . contributing to the goals of the Georgia Greenspace Act. 8. Expend the Grant Funds by no later than June 30, 2003, unless GRANTEE is given an extension of time in writing pursuant to the Rules and Regulations promulgated by DNR. 9. In the event that GRANTEE fails to expend the Grant Funds on or before June 30, 2003, or to obtain an extension of time' in writing pursuant to the Rules and Regulations promulgated by DNR, then' GRANTEE shall immediately return the Grant Funds remaining in GRANTEE'S Community Greenspace Trust Fund account to DNR in certified funds to the address written above. 10. Reimburse the Georgia Greenspace Trust Fund for any principal and interest amount of the Grant Funds which were not expended as follows: (a) in accordance with the terms of this Agreement, and (b) incompliance'with.the Act and theRules and Regulations'promulgated theie'~,,'j under. . I. :. . ., . .... ... .. .......".... . ..- ! . .., ;- -- -. . . -- . I":"~ :- " :_ :...!. _;;_~~ ~l_:r:~"'~;"; .~.,i ...... ~::. ,1.:1.".: '!r' .... !'1' ...,. O' . . .~;- OJ ,...,.. !-:'., '-- . - . , ...,... . r"'" . .. 3 - 11. Assure that no property acquired, in whole or in part, with Grant Funds is converted to any use inconsistent with the Act unless such conversion is conducted under the terms and conditions for Conversion provided below. 12. Acquire the Greenspace Property subject to a restriction in writing in the deed or other instrument of acquisition that the property must be used in perpetuity as greenspace property as provided in a.c.G.A. 9 36-22-1 et seq, and the restriction will be enforced by the State of Georgia. B. OPINION OF COUNSEL AND TITLE INSURANCE POLICY After the expenditure of any Grant Funds for Greenspace Property, GRANTEE must promptly deliver to DNR an originally signed opinion of counsel regarding the interest that GRANTEE owns in the acquired Greenspace Property (fee simple or lesser interests in land as set forth in Grantee's Greenspace Program), and that GRANTEE holds good and marketable title thereto, with specific reference to the instrument or instruments of acquisition and their recording data. The opinion must be addressed to GRANTEE and DNR. It must further state that the Greenspace Property is encumbered as required by this Agreement and is not encumbered in any way prohibited by this Agreement or in any way which impairs the status or use of the Greenspace Property for the Greenspace Program. GRANTEE must further provide DNR with a copy of a consistent AL T A title insurance policy, which insures GRANTEE'S right, title and interest in the Greenspace Property, subject only to the Greenspace encumbrances or encumbrances permitted by this Agreement and which insures the interest of the State of Georgia in the Greenspace Property under this Agreement. . . C. AUDIT AND ACCOUNTING 1. Pursuant to a.c.G.A. 9 36-81~8.l, GRANTEE shall provide, at its own expense, an annual audit of GRANTEE's Community Greenspace Trust Fund and a completed Grant Certification Form. (A sample Grant Certification Form and the instructions for completing the same are attached hereto.) 2. GRANTEE's annual audit is to be conducted in accordance with the generally accepted government auditing standards as provided in a.c.G.A. 936-81-7, including the Uniform Chart of Accounts mandated by a.c.G.A. 9 36-81-3. Within 30 days of completion of such audits, GRANTEE shall submit to DNR, without charges or fees from DNR, copies of all audits covering the award period. D. REPORT GRANTEE will submit a report;:to DNR within 60 days after the expenditure of-ani" Grant Funds regarding the amount of funds expended, the interest in property'acquIred, a . .., copy of the recorded deed and other acquisition documents, the Georgia' Greenspace Act. . I . . . .... _ goal" furthered by acquisition of the property, a; reference to theparr'o[ GRANTEE's :'., "",)1'" Greenspace Program which describes the acquired property, and a propertY-'d~scription in . l' ~ ' . , - 4- digital format provided by the surveyor. This report may be submitted with the opinion of counsel required by paragraph II. B. above. III. USE OF GREENSPACE PROPERTY A. Certain uses of Greenspace Property are not inconsistent with the Greenspace goals served by Greenspace Property. Such uses do not require converting or substituting property if the Greenspace Property is used in any of the specific ways listed in paragraphs 1 through 5 below and GRANTEE need not apply to the Commissioner of DNR for approval for these listed uses. However, recognition that a particular use is not inconsistent with the purpose served by the Greenspace Property does not affect in any way GRANTEE's responsibility to obtain all necessary permits, or GRANTEE's obligation to comply with all local, state and federal requirements to undertake the proposed activity on Greenspace Property. 1. UTILITIES - The construction, operation, repair, maintenance, or removal of underground utilities in a manner that does not significantly affect the recreational utility, natural resources protection, or habitat value of the land, and which does not hamper: the ability of the property to meet the goals of the Act, will not constitute a conversion. 2. PUBLIC FACILITIES - Construction of minimal public facilities such as benches, swing sets, slides, picnic tables, grills, bathrooms, or shelters, to the extent needed to accommodate the users of that property, and covering less than 5% of the total Greenspace Property area, will not constitute a conversion. 3. TRAILS AND PATHS - Trails associated with passive recreational uses or alternative transportation routes for pedestrians or bicycle travel, provided that less than 5% of the total Greenspace Property is covered in impervious-surfaced trails and that there are not significant negative impacts on natural resource values of the property, will not constitute a converSIOn. 4. ACCESS FACILITIES - Parking areas, boat ramps and necessary access roads, which limit as much as possible the' use of impervious surfaces, which do not have significant negative impacts on natural resource values of the property, are limited to accommodate only the users of the Greenspace Property, and which do not cover more than 5% of the Greenspace Property will not constitute a conversion. S. TOTAL DEVELOPED AREA - When totaled, the Greenspace Property developed for Public Facilities, Trails and Paths and Access shall not exceed IS% of the Gn~enspace Property. B. GRANTEE must apply ~~) t~e Commissioner of; DNRin writing (qLap'pro~al~.of o~her :: . types of development or use of Greenspace Property which GRANTEE believes to. also " I.' 4..~#'. 1_.". ,-_ not be inconsistent with the Greenspace goals s~rved by Greenspace..Property. __ -,The decision of the Commissioner that a proposed hse is or is not consistent 'with' the' . I . Greenspace goals of the Greenspace Property sh,all be conclusive and not subject to I ....' . 5 - appeal under the Georgia Administrative Procedures Act or any other judicial or appellate proceedings. IV. RELA TIONSHIP No agency relationship is created by this Agreement and neither GRANTEE nor its employees are agents or representatives of DNR or the State of Georgia. GRANTEE shall act at its own sole cost and liability in implementing the Grant. V. THIRD-PARTY BENEFICIARY The State of Georgia is a third-party beneficiary of this' Agreement and has the right to enforce the terms and conditions of this Agreement specifically in equity and at law. VI. PERPETUAL TERM This Agreement commences as the date referenced above and, pursuant to the Georgia Constitution, Ga. Const. 1983, Art. VII, Sec. III, Para. III, and the legislation creating the Greenspace Program, a.c.G.A. S36-22-3, it shall continue in perpetuity. VII. ADDITIONAL TERMS AND CONDITIONS A. The local government attorney of GRANTEE shall issue an opinion that GRANTEE has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of GRANTEE has been properly authorized and empowered to enter into this Agreement. B. GRANTEE agrees that it has complied, and will continue to comply, with the requirements of Chapter l40f Title 50 of the Official Code of Georgia Annotated pertaining to open meetings, and with Chapter 18-70 et. seq. of Title 50 of the Official Code of Georgia Annotated pertaining to open records, in regard to Greenspace Program . activities. C. GRANTEE further acknowledges that it has read this agreement, understands it, and agrees to be bound by it. D. This Agreement contains the entire agreement between the parties with regard to its subject matter and supersedes all, other prior and contemporaneous agreements a:nd'";.";i~',,, "- .,_...,. - understandings between the parties. " This Agreement may be modified,-only by mutual,! . ".'~ ..:-:. ,.., consentofthe partie,S. Any_~odification must be in writing and signed by:hoth parties.. ,. -=,".":LL ." _. ,',:' ~:n-".:~(!e .;: r-n..''''li' Li!t'" .'.l::h.' l_~' ._:: :-!;~;:-='nl - 6 - :, E. GRANTEE shall not assign its right, title or interest hereunder or delegate any of its duties or obligations without the express written consent of DNR. F. Any failure by DNR to enforce performance by the GRANTEE of any provision of this Agreement shall not impact or affect the right of DNR to thereafter strictly enforce this Agreement, nor shall any action of DNR be construed as a waiver of any breach or a modification or rescission ~f the Agreement. G. GRANTEE hereby attests that none of its officials have violated any applicable conflict of interest provisions, under either state law (O.C.G.A.~~45-l0-2l through 45- 10-28 and 36-67A-l through 36-67A-4) or under any applicable local ordinance, charter, rule, or regulation and that they shall comply with the same throughout the term of this Agreement. H. No report, survey, or other document produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of GRANTEE. 1. Time is of the essence of this Agreement. IX. REQUIREMENTS FOR CONVERTING GREENSPACE PROPERTY A. BACKGROUND 1. GRANTEE agrees that the intention of the Georgia General Assembly in enacting the Georgia Greenspace Act was that any interest in real property acquired in whole or in part withGrant Funds ("Greenspace Property"), should, in perpetuity, achieve the goal of preserving that Greenspace Property in a natural or undeveloped condition, or in a condition that achieves one or more of the statutory goals provided in the Act. In accepting Grant Funds, GRANTEE acknowledges this legislative intent to permanently preserve Greenspace Property for future generations. 2. DNR recognizes that in a rare, exceptional circumstance, GRANTEE may find it necessary to convert Greenspace Property to property used for some alternative public purpose. In that event, GRANTEE agrees to the following mandatory requirements for achieving such a conversion: (a) GRANTEE may make a proposal to the Commissioner t~ G~NTEE be permitted to substitute other property which is located entirely in \L ~ <k~ County in lieu therefore ("Substituted Property"). . . (b) The Substituted Property must meet one or more of the A-Ct's.':goals. It is, preferred that the 'Substituted Property would address the same Greenspace goal as the property being converted,-. but if that is not fea~ible, the Substituted' Property should provide comparable' value to the Greenspace Program as the Greens'pace ProPerty being :;. l .... - 7 . converted. The Substituted Property must have been acquired, (or if not yet acquired, will be acquired) by GRANTEE with funds other than Georgia Greenspace Trust Funds or interest thereon. (c) GRANTEE must provide in writing a document showing that the proposed conversion was approved by two-thirds of its local governing body after a duly advertised public hearing on the issue. GRANTEE shall attach a transcript of the public hearing to its request for conversion. (d) GRANTEE must provide the public with the information listed in Section VII, B below at least 10 days prior the public hearing. (e) GRANTEE must obtain the written approval of the Commissioner of the Department of Natural Resources accepting the Substituted Property. (f) The Substituted Property must be of equal or greater monetary value and of equal or greater value to the Georgia Greenspace Program as the Greenspace Property. (g) These conversion provisions apply to the use of any Georgia Greenspace Trust Fund money, or interest thereon, regardless of the percentage of such Funds utilized for the acquisition of the interest in real property. (h) GRANTEE is responsible for compliance with these provisions. (i) The State of Georgia is responsible for enforcement of these provisions. B. PREREQUISITES TO CONSIDERATION OF CONVERSION REQUESTS Before requesting the Commissioner of Natural Resources to accept a proposed property substitution, the Grantee shall, in writing: 1. Evaluate all practical alternatives to the conversion and prepare explanations why those alternatives are rejected, 2. Provide appraisals prepared in accordance with uniform appraisal standards, which establish the fair market value of the Greenspace Property ana property GRANTEE proposes to substitute. 3. Provide a written evaluation of the natural resource value of the Greenspace Property and the property GRANTEE proposes-to substitute. 4. Provide a written evaluation of the Greenspace Property and the property GRANTEE proposes to substitute with respect to the goal(s) of the Greenspace Program each serves or will serve. ' ! ;1,_" ..,.... '. '..'_ ".. . .- '-, --. ..._~ "- ~,~.. ..~ . .' 1 ~.-:_:." !~~: -,,..", -. -!..... .... 1--: ,- . -.., - - .:: 5. Provide documents establishing that the proper;tY GRANTEE proR?~.~S}o)i;.suq_s~it~t~".is ""'."' "it- n -\.1;.>':-,.; not currently; nor has it previously been, permanently protected greenspace.property_ as . . i _ . . . '_' _. . ~.. .... .. .' ... . . 8 - defined in the Georgia Greenspace Act and the Rules and Regulations promulgated there under or any other analogous federal or state program. The Substituted Property must be newly protected property. 6. If GRANTEE already owns the Substituted Greenspace Property, GRANTEE must deliver to DNR an originally signed opinion of counsel that GRANTEE owns the Substituted Greenspace Property in fee simple, or with all other right and interest required for the specific Property by GRANTEE Greenspace Program, and holds good and marketable title thereto, with specific reference to the instrument or instruments of acquisition and their. recording data. The opinion must be addressed to GRANTEE and DNR. It must further state that the Substituted Greenspace Property will be encumbered as required by this Agreement and is not encumbered in any way prohibited by this Agreement or in any way which impairs the status or use of the Substituted Greenspace Property for the Greenspace Program. After acceptance of the substitution by the Commissioner of DNR, GRANTEE must further provide DNR with a copy of a consistent ALTA title insurance policy, which insures GRANTEE'S right, title and interest in the. Substituted Greenspace Property, subject only to the Greenspace encumbrances or encumbrances permitted by this Agreement and a copy of the recorded deed and other acquisition documents. If GRANTEE does not yet own the Substituted Greenspace Property, GRANTEE must certify that these conditions will be met upon GRANTEE's acquisition of the Substitute Greenspace Property. 7. Identify the means by which the property GRANTEE proposes to substitute will be given permanent legal protection. 8. Evaluate the public usefulness of the location, accessibility, connectIvIty to other properties, water quality enhancement capability, water storage capacity, habitat value, scenic. or historic values, or other Georgia Greenspace Act goals of the existing Greenspace Property and the property GRANTEE proposes to substitute. 9. Provide the written concurrence of three-fourths of the owners of property which is adjacent to the existing Greenspace Property. 10. On sites which are being"partially converted, provide an evaluation of the projected impact of use of the proposed partially converted Greenspace Property on the remaining Greenspace Property. 11. The information above shall be made available to the public at least 10 days prior a public hearing held by GRANTEE regarding the proposed ~onversion of the Greenspace Property. C. ACTION BY DNR ! The Commissioner shall act upon a proposed cohversion request within 60 days of its. receipt, or provide a letter to the local governing body regarding the reason additional' time is needed to act upon the request. The Comm;issioner has the authority to disapprove conversion requests and reject proposed property substitutions. Disapproval of a - 9- conversion request by the Commissioner shall be conclusive and not subject to appeal under the Georgia Administrative Procedures Act or any other judicial or appellate proceedings. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. GEORGIA DEPARTMENT OF NATURAL- RESOURCES ~ By: . . Lonice Barrett, Commissioner Sworn to arid subscribed before me this / c:l. v....- dayof ~. 2001. J:_ ~<r-~\,~~~ N, otary Publi~~~jh~ .........:~....., ~~~ . ,~. . g .:;j~.."P\p.c.s ,\. :'.' = .., to". ('\ f '. ;., = GEO"?'...;.'...; ", .:. ~ -;::.-:' ic'~: . ~ J,r.N.2, " /" ~.:: ,. 1.(;. '\" . . ~..(\ p . ,"\.",:, ..,...... .....-d~ UUv.,..... :..' . ~ 1 ............... ,Y,' : ". "', ~-" ":'..:.1 It: AUGUSTA, GEORGIA . (;L,;~ { lHr '\ (}./ ~ -r..r Bo~ Y; ng, May r Attest Sworn to and subscribed before me this 5~ day Ofc!~ 2001. 7J~ J m~: Notary blic . Notary Public. Columbia Cl)unty, Georgia My Commission Expires Aug. 3. 2002 - 10- ';"~Jlr.\l..ll'~. '71 . 'II" ;':'""~t'~r-d \ ,. 'Il ;~" -- *--- ---- " '.--:..~ 'L" _ ~ -;:- "'n" ..: ' .. .. . ;.., ~ GEORGIA GREENSPACE ANNUAL CERTIFICATION FORM CURRENT YEAR (FY 200----> PREVIOUS YEAR/s . Local government: Greenspace goal under current plan Greenspace goal under previous plan Total acres: Total acres: Permanently Protected Trust Funds: Trust Funds: Greenspace acres, acquired (total acres from (total acres tram through Trust Funds, and through this reporting year) previous years) Other Means: Other means: other means. Greenspace Grant A ward Date of Award: Date of Award: Date, amount, interest earned, Amount of Award: Amount of Award: total expenditures, and Balance. Interest: Interest: Minus expenditures: Minus expenditures: Total Balance: Total Balance: Greenspace Funds Expended I. Date: I. Date: Date, Parcel: Parcel: parcel name, Acres: Acres: Amount: Amount: acreage, Interest Interest: amount, . Purpose: Purpose: legal interest greenspace purpose served. 2. Date: 2. Date: Parcel: Parcel: Acres: Acres: Amount: . Amount: Interest: Interest: Purpose: Purpose: 3. Date: 3. Date: Parcel: Parcel: Acres: Acres: Amount: Amount: lillercst Interest: Purpose: Purpose: Attach additional sheets as necessary Certification of Local Government Officials I have reviewed the infonnation present above and certify that it is accurate and correct. I further certify that the grant award identified above, and all interest earned thereon, were expended solely to defray the costs of acquisition of greenspace as defined in O.C:G .A. 9 36-22-] et seq, or the costs of conservation, scenic, or other easements which contribute to the goals set out for greenspace in O.C.G.A. 9 36-22-2. Lands, or interests in lands, designated as permanently protected greenspace, continue to serve one or more of the statutorily identified goals for greenspace in O.C.G.A. 9 36-22-2, and have not been converted to any other pub lie or private use. Attached is a copy of the most recent annual audit of our capital accounts, which reflects all assets acquired using state greenspace grant funds. I understand the failure to comply with the provisions of the law applicable to .s grant award may result in a forfeiture of such grant and the return to ~he state of any such grant .~nr.. rl,e, V~diJ Signarure of Chief Elected Official 9t/J Date: ;&l? /0 /'.' Signarure of Chief Financial Officer f)Cin/)1c- A u:9 ~ ~ /"'Y'o...<J i Date: &-8"-0/ -II - . ;, Georgia Greenspace Annual Certification Form Instructions for Completion The terms of the Grant Award Agreement require each local government receiving a grant from the Georgia Greenspace Trust Fund to provide an annual certification form to the Department of Natural Resources certifying that all lands purchased entirely or partially with Georgia Greenspace Trust Funds, or interest earned thereon, continue to be used for a Georgia Greenspace Program purpose. This annual certification form should be submitted to the Department of Natural Resources at the time the GRANTEE sub/pits its annual audit to the state as provided in O.c.G.A. & 36-81-7. Questions concerning the preparation and submission of this form should be referred to the Georgia Department of Natural Resources-Greenspace Program (404) 656-5165. Instructions for Completion: I. First Row, First Column: Insert the name of the local government receiving the Grant Award. 2. . First Row, Second Column: Under the Greenspace Program in effect during the majority of the reporting year. if any, what is the total acreage goal for permanently protected Greenspace in the repol1ing entity'sjurisdiction. If there is no Greenspace Program in effect currently, indicate NONE. 3. First Row, Third Column: Indicate the total acreage goal for permanently protected Greenspace in the reporting entity's jurisdiction under the most recent Greenspace Program in effect prior to the current Program, or if there is no current program, the most recent Greenspace Program. If the goal was the same as the current year information, indicate SAME. 4. Second Row, Second Colllmn: Indicate the total acres of Greenspace lands permanently protected during the reporting year using Greenspace Trust Funds. Additionally, indicate the total acres of Greenspace lands permanently protected during the reporting year using any other means than Greenspace Trust Funds. This would include donations of land to the program, acquisition of lands using other sources of funds, achieving permanent legal protection on lands already publicly owned, increases in State or Federal lands in the jurisdiction that meet the requirements of the Greenspace Program, recording of private conservation easements on land which meet the requirements of the Greenspace Program, or other means by which permanent legal protection has been achieved on lands meeting one or more of the statutory goals of the Georgia Greenspace Program. . 5. Second Row. Third Column: Indicate the total acres of Greenspace lands permanently protected during previous years using Geqrgia 9reenspace Trust Funds. Additionally, indicate the total acres of Greenspace lands permanently protected during previous years using any" other means than Georgia Greenspacf Trust Funds; .12. , 6. Third Row, Second Column: For the reporting year, indicate the Georgia Greenspace Trust Funds available to and used by the Grantee. Indicate the balance of unspent funds from previous awards as well as any award made during the reporting year. This information should be specific to each award received. For example during FY 200 I a county may have received an initial grant of $400,006 on March 15, 200 I and a supplemental grant of $32,000 on June 15, 200 I, then for State FY 2002, before any of the FY 200 I funds were spent, the county received the FY 2002 initial grant of$420,000 on August 15,2002. The amount of each award, the date of the award, the interest earned on that specific award should be indicated: It is recommended that the oldest grant money be expended first. 7. ThirdRow, Third Column: Indicate the Georgia Greenspace Trust Funds available and used by the Grantee in previous years. This information may reflect totals awarded during previous years without breaking it out to initial and supplemental awards during each year. The amount of interest earned should be indicated. Expenditures indicated in this column may also be expressed as totals, prior to the current reporting year. 8. Fourth Row, Second Column: For the reporting year, indicate each parcel or interest in land acquired entirely or partially with Georgia Greenspace Trust Funds. Provide the date the interest in land was acquired, the identifying parcel name or number, the number of acres involved, the amount of Greenspace Funds expended, the legal interest acquired (such as a fee simple interest, purchased development rights, a conservation or scenic easement), and the statutory goal the acquired property serves. Additional sheets may be used to provide this "information. "~ .;..------ 9. Fourth Row, Third Column: Attach the parcel information for previous year's acquisitions. These may be attached as copies of previous year's submittals. ~~ 10. Attach to the certification form a copy of the most recent annual audit of the -...........~ jurisdiction's capital accounts, which reflects all assets acquired using state greenspace ---gr.ant funds. . ...... I I. Sign~lines are provided for both the Chief Elected Official and Chief Financial Officer. The 'appr~'priate officials should sign and date the form. "'--..... 12. Mail the Georgia Green--Space~Annual Certification Form, with one copy of the annual audit of GRANTEE's C.i.:lmmui1ity~eenspace Trust Fund, to: . -~ Georgia Department of Natural Resource~ Greenspace Program Office ~ 7 Martin Luther King, Jr., Drive, S.W., Room 14o~ Atlanta, Georgia 30334-4002 . ~ '---- ~ '" ~- ',..~ :................ .,,- : .:~ '.~ .... - 13 -