HomeMy WebLinkAboutTHE GEORGIA DEPARTMENT OF NATURAL RESOURCES FOR ROBERT BAURLE BOATING AND FISHING FACILITY SAVANNAH RIVER INTERGOVERNMENTAL AGREEMENT
INTERGOVERNMENTAL AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
AND
THE GEORGIA DEPARTMENT OF NATURAL RESOURCES
FOR THE
ROBERT BAURLE BOATING AND FISHING FACILITY
SAVANNAH RIVER
THIS INTERGOVERNMENTAL AGREEMENT FOR THE ROBERT BAURLE
BOATING AND FISHING FACILITY, SAVANNAH RIVER, (hereinafter "Agreement"),
made and entered into this ;! 8"'~ day of Il~ r ,2008, by and between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, whose address is Room 801, 530
Greene Street, Augusta, Georgia 30911 (hereinafter referred to as "City") and the
DEPARTMENT OF NATURAL RESOURCES whose business address is Suite 1252 East, 2
Martin Luther King, Jr. Drive, S. E., Atlanta, Georgia 30334 (hereinafter referred to as
"Department"). The words "party" or "parties" when used herein refers to the City and/or the
Department as the context requires.
WIT N E SSE T H:
WHEREAS, fishing tournaments are a growing economic force in the nation and a single
large tournament can contribute several million dollars to a local economy; and
WHEREAS, the GO Fish Georgia Initiative is a $30 million initiative that will leverage
$19 million in state funds with private donations and financial support from local communities to
promote and enhance boating and fishing tourism, boost economic development in communities
across the state, and encourage a conservation ethic; and
WHEREAS, the GO Fish Initiative will result in quality fisheries resources statewide,
including family-friendly fishing and recreation access points that will increase fishing
participation in Georgia; and
WHEREAS, the development of the Georgia Bass Trail will provide a statewide system
of large boating access areas capable of supporting large tournament events, and normal boating
and fishing activities on major water bodies; and
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WHEREAS, the parties agree that fishing tournament opportunities can be effectively
enhanced by the construction and operation of a tournament mega ramp at the Robert Baurle
Boat Ramp on the Savannah River just south of the New Savannah Bluff Lock and Dam in
Augusta, Georgia as a part of the Georgia Bass Trail; and
WHEREAS, the Department and the City are authorized by Art. IX, Sec. III, Para. I of
the 1983 Constitution of the State of Georgia to enter into contracts for the joint or separate use of
facilities or equipment, provided such contracts deal with activities, services, or facilities which
the contracting parties are authorized by law to undertake or provide; and
WHEREAS, the Department is authorized pursuant to O.C.G.A. Section 12-3-5 to make
grants and to enter into cooperative agreements, rental agreements and contracts with any city for
any of the services, purposes, duties, responsibilities, or functions vested in the department,
including the development of a public boating facility; and
WHEREAS, the Department is authorized by O.C.G.A. Section 12-3-32 to provide and
maintain adequate recreational facilities and to initiate, conduct, and supervise suitable programs
and activities in connection therewith; and
WHEREAS, the City is the owner of certain real property lying within the boundaries of
Augusta, Richmond County, Georgia consisting of approximately 14.67 acres, as shown on the
map attached as Exhibit "A" of this Agreement hereafter referred to as the "Site," which exhibit is
incorporated herein and made a part hereof; and
WHEREAS, the City and the Department desire to construct a fishing tournament mega
ramp facility at the Site to enhance recreational opportunities in Georgia's waters; and
WHEREAS, the Greater Augusta Sports Council agreed to expand its existing
partnership with the City to include the promotion of a fishing tournament mega ramp facility;
and
WHEREAS, the governing body of the City has agreed to enter into this Agreement and
obligate the City to the terms and conditions provided herein.
NOW THEREFORE, in consideration of the mutual promises and benefits flowing to the
parties hereto as hereinafter stated, the parties mutually covenant and agree as follows:
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1.
CONDITION PRECEDENT
The parties hereby agree that a condition precedent to this Agreement is the execution of
a twenty-five year lease agreement for certain real property located at the Site by and between
the City and the Department in the form of the attached Exhibit "B." The Department will pay
for a survey acceptable to the City. The parties will jointly establish the location of the boundary
line. The parties acknowledge that the Department's execution of the lease agreement is
contingent upon the approval of the Board of Natural Resources and the State Properties
Commission. The Department hereby agrees to make reasonable efforts to obtain the approval
of the Board of Natural Resources and the State Properties Commission. In the event that either
the Board of Natural Resources or the State Properties Commission declines to approve the
lease, this Agreement shall immediately terminate with no further obligation on the part of either
party. The parties hereby acknowledge and agree that the term of the lease will equal or exceed
the useful life of the Improvements (as defined hereinafter) such that the cost of the
Improvements can be appropriately amortized by the State. The parties hereby acknowledge
that, with the exception of the leased property referenced herein, the City shall retain ownership
and control of the Site, subject to the terms and conditions contained herein.
2.
PURPOSE OF AGREEMENT
The parties hereto do mutually covenant and agree that the facilities constructed, placed
or located on the Site by the City shall be constructed, operated and maintained as set forth
herein for the recreational pleasure of the general public and shall collectively be known as the
Robert Baurle Boating and Fishing Facility (the "Facility"). The Site shall be used only for the
purposes permitted under this Agreement.
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3.
TERM
The parties mutually agree that this Agreement shall become effective on the date first
above written and shall continue in force until midnight on the 26th anniversary of the date
aforesaid (the "Term").
4.
LA YOUT AND DESIGN OF FACILITY
The parties hereby agree to establish a working group to advise the Department on the
layout and design of the tournament facilities to be constructed at the Site. The working group
shall include representatives from the Department, the City and the design engineer. The
working group may also include a Department consultant, a fishing tournament organizer, the
Greater Augusta Sports Councilor others. The working group shall be advisory only. The
Department shall be solely responsible for approving the final layout and design for the Facility.
The City agrees to implement the final layout and design for the Facility as approved by the
Department.
5.
CONSTRUCTION OF IMPROVEMENTS
The parties agree to construct and/or improve a fishing tournament mega boat ramp,
docking facilities, restrooms, covered shelter, parking facilities and such other improvements
beneficial for the hosting of fishing tournaments and events (the "Improvements") consistent
with the final layout and design for the Facility approved by the Department. The Department
hereby agrees to contribute up to three hundred and seventy thousand dollars ($370,000.00)
("State Funds") for the engineering design and construction of the Improvements, less the
amount ofthe survey. The City agrees to pay for the construction of the Improvements in excess
of the Department's contribution.
The City covenants and agrees that it shall be responsible for the construction of the
Improvements in a safe and proper manner. The City further agrees
(A) To enter into a contract for the design and construction of the Improvements.
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(B) To comply with all applicable laws, rules and regulations, including without
limitation those relating to the jurisdictions of the U.S. Army Corps of Engineers
and state and federal environmental protection agencies for the construction of the
Improvements.
(C) To complete the construction of the Improvements within eighteen months of the
receipt of the State Funds from the Department.
The Department agrees to issue a check payable to the City for the State Funds promptly
upon receipt of a copy of a signed construction contract for the Improvements. The exact
amount of the State Funds to be paid by the Department shall be determined by the amount of the
bid accepted by the City for the construction of the Improvements; provided, however, that it
shall not exceed the bid price or three hundred and seventy thousand dollars ($370,000.00) less
. the cost of the survey, whichever is less.
For executory obligations under this Agreement, the Department has encumbered certain
public funds. In the event the encumbered appropriations or other public monies are determined,
in the sole discretion of the Department Head, as that term is defined in O.C.G.A. ~ 50-4-1(5), of
the Department, to no longer exist or to be insufficient with respect to the charges payable
hereunder, this Agreement/Contract shall terminate without further obligation of the Department
as of that moment. The determination of the Department as to the non-existence or insufficiency
of funds and the date of termination will be conclusive. The Department will promptly notify the
City in writing of the non-existence or insufficiency of funds and the date of termination. The
City shall then immediately cease work on the project except for any necessary winding down
and coordination with the Department, which City shall perform without further cost to the
Department.
6.
MATCH FUNDS
The City agrees to contribute a minimum of three hundred and seventy thousand dollars
($370,000.00) through a combination of direct funding, in-kind services and credit for existing
amenities on the Site that directly relate to the support of the use of the Facility for fishing
tournaments ("Match Funds"). The parties agree that the existing amenities at the Site, will
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directly support the use of the Site for fishing tournaments and shall be operated as a part of the
Facility ("Existing Amenities). The parties jointly agree that the Existing Amenities consisting
of a double/two lane boat ramp, boat dock and gangway, paved drive and parking area for twenty
five vehicles and boat trailers, and 3.79 acres, more or less, of developed land (as shown as Tract
A on Exhibit A) have a fair market value of $277,500.00 as of January 1, 2008. The parties
agree and stipulate that amenities (whether existing or to be constructed by the City on the Site),
such as playgrounds and picnic areas, not directly associated with the use of the Facility for
fishing tournaments shall not be considered as a part of the funding formula. The remainder of
the City's contribution to the Facility will be through payment of the cost of the Improvements in
excess of the State Funds, additional direct funding and the provision of the following in-kind
services: use of the balance of the site (consisting of approximately 10.88 acres shown as Tracts
Band C on Exhibit A), grading and site work. The parties hereby mutually agree that the value
of the in-kind services is land ($22,500.00) grading/site work ($60,000.00). The City agrees to
provide additional direct funding in the amount of $10,000.00. The parties may modify the
computation of the derivation of the Match Funds by mutual agreement reduced to writing as an
amendment hereto.
7.
OPERATION OF FACILITY
The City agrees to operate the Facility during the Term of this Agreement. The City shall
be responsible for operating and maintaining the Improvements. The City agrees that it shall be
responsible for the installation, maintenance, operation and repair in a safe and proper manner of
any and all programs, facilities or equipment needed or desired for the City's use of the Facility,
including without limitation the Improvements and the Existing Amenities and any other
improvements to the Site. The Department shall have no duties or responsibilities for installing,
maintaining, operating or repairing any of the City's facilities or equipment on the Facility,
including without limitation the Existing Amenities. The Department may periodically inspect
the Improvements to insure proper maintenance of the Improvements and compliance with state
and federal rules and regulations. The City shall at all times operate the Facility in a businesslike
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manner and maintain the operation and all facilities in connection therewith on a high standard of
conduct. The City agrees, at a minimum, as follows:
(A) To erect signs approved by the Department at the Site that acknowledge the
participation of the City and the Department.
(B) To periodically inspect the Improvements to insure proper maintenance of the
Improvements and compliance with state and federal rules and regulations.
(C) To install and maintain light/utility poles as necessary to illuminate the Facility
and to augment boating safety during hours of darkness.
(D) To be responsible for general maintenance and clean up of the Facility, including
without limitation sign maintenance, rest room cleaning, trash removal, weeding
and mowing.
(E) To pay the utility costs of the Facility (power and water) and the cost of refuse
disposal.
(F) To maintain an all-weather, public access road to the Facility during the Term of
this Agreement.
(G) To keep the Facility open for public use year-round and at all times that are
reasonable for use of the fishing and boating public.
(H) To provide police and fire protection for the Facility.
(I) To perform any needed repairs to the Facility, including without limitation to the
Improvements and Existing Amenities, that are necessary to enhance public safety
and the appearance or usefulness of, or local pride in, the Facility.
8.
SITE PROMOTION
The City agrees to market the use of the Facility to fishing tournament organizers during
the Term of this Agreement. At a minimum, this shall include regular dialogue with major
fishing tournament organizers (BASS, FLW, and others) to promote the site for national, state,
and local fishing tournament events. The City may, but is not required to, engage the Greater
Augusta Sports Councilor another entity to provide the marketing services and to recruit fishing
Robert Baurle Boat Ramp IGA
Page 8
tournaments to the Facility. In addition, the City agrees to meet the normal expectations of host
responsibilities required by fishing tournament organizers.
9.
DAMAGE TO IMPROVEMENTS
The City shall be responsible for any damage that may be caused to State property by the
activities of the City under this Agreement, shall protect the Improvements from damage by
erosion and shall restore the Improvements from such damage that occurs during the Term of
this Agreement. The City shall exercise due diligence in the protection of the property of the
State of Georgia, including without limitation the Improvements, which may be located on the
Site, against fire, wind, flood and damage from any and all other causes. The City hereby agrees
that, in the event that the Improvements or any property of the State of Georgia or the
Department of Natural Resources located on the Site, is damaged during the Term of this
Agreement, the City shall, at the election of the Department, either repair the damage to the
Improvements and such other property or shall pay the costs of such repair, as determined by the
Department.
10.
INSURANCE
The City shall procure and maintain a Commercial General Liability (CGL) Insurance
Policy, including products and completed operations liability, and contractual liability coverage
with the limits of not less then ONE MILLION DOLLARS ($1,000,000) per occurrence
covering bodily injury, property damage liability and personal injury. The policy or policies
shall name the officers, agents and employees of the State of Georgia as "ADDITIONAL
INSURED", but only with respect to claims that are not covered by the Georgia Tort Claims Act.
However, the CGL policy must indemnify the State for any claims covered by the Georgia Tort
Claims Act. The policy or policies must be on an "occurrence" basis unless waived by the State.
The CGL policy shall include contractual liability coverage. The CGL policy purchased by the
City must be issued by a company authorized to conduct business in the State of Georgia or by a
company acceptable to the State if the company is an alien insurer. The CGL policy must
include separate aggregate limits per event. Excess liability coverage may be used in
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combination with the base policy to obtain the limits specified herein. The City shall provide the
Department with a current certificate of insurance. Nothing contained in this paragraph or
elsewhere in this Agreement shall be construed to exist for the benefit of any third party, nor is
any such language intended to nor shall such language be construed to in any waive any
protections or immunities provided to either the City or the Department under the laws and
Constitution of the State of Georgia.
11.
ACCOUNTING REQUIREMENTS
The City agrees to maintain books, records, documents, and other evidence pertaining to
the costs and expenses of this Agreement to the extent and in such detail as will properly reflect
all costs associated with the construction, maintenance and repair of the Improvements and the
operation of the Facility. The City's accounting procedures and practices shall conform to
generally accepted accounting principles ("GAAP").
The City agrees that the Department, the State Auditor of Georgia, or their authorized
representative (an "Authorized Inspector") may inspect the City's premises and/or records, and
the City shall ensure that such right is also available with regard to subcontractors. The
Authorized Inspectors may enter the premises of the City or any subcontractor or such other
places where such parties are performing duties under this Agreement to inspect, monitor, or
otherwise evaluate the City's performance under this Agreement. All such inspections shall be
conducted with prior notice and during normal business hours and shall be performed in such a
manner as will not unduly impact work being performed by such parties. The City shall
maintain reasonable books of account in support of charges hereunder for a period of at least
three (3) years after the termination of this Agreement, or such longer period as may be required
by applicable law or regulation. The City shall keep such records open for inspection by an
Authorized Inspector upon thirty (30) days' written notice to the City.
12.
APPLICABLE LAWS AND REGULATIONS
The City shall comply with all applicable federal, state and local laws, rules, regulations,
and ordinances applicable to the Site, including, but not limited to, those regarding construction,
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health, safety, food service, water supply, sanitation, use of pesticides and licenses or permits to
do business. The City shall establish and enforce such procedures as are necessary and within its
legal authority in exercising the privileges granted in this Agreement, provided that such
procedures are not inconsistent with those issued by the Department. The City will provide an
annual certification that all water and sanitary systems on the Site, if any, have been inspected
and comply with Federal, State and local standards. The City will provide an annual statement
of compliance with the Rehabilitation's Act and the Americans with Disabilities Act noting any
deficiencies and providing a schedule for correction. The City acknowledges that the
Department enters into this Agreement in its capacity as custodian of leased property and for the
joint or separate provision of services. With respect to this Agreement, the various capacities of
the Department, including without limitation its capacity for wildlife regulation and its capacity
for environmental regulation through its Environmental Protection Division, shall remain
independent of one another, and no action taken in one capacity shall pre-determine or constitute
action in another capacity unless the Department expressly so states in a proper manner for each
such capacity.
13.
LIABILITY AND DEFENSE OF STATE AGENCY
(a) The parties to this Agreement are independent contractors. This Agreement shall
not be construed as creating between the parties a partnership, joint venture or any other form of
legal association which per se would impose liability upon one party for the actions or failures to
act of the other party. The parties acknowledge that the State of Georgia, of which the
Department is a part, has waived its sovereign immunity for the torts of the Department's
officers and employees while acting within the scope of their official duties or employment and
that the State of Georgia shall be liable for such torts in the same manner as a private individual
or entity would be liable under like circumstances in the use and exercise of the privileges
granted by this Agreement; provided, however, that the State's sovereign immunity is waived
subj ect to all of the exceptions and limitations set forth in the Georgia Tort Claims Act,
O.C.G.A. ~ 50-21-20 et seq.
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(b) The City shall, at its expense, be entitled to and shall have the right to participate
in the defense of any suit against the State arising from this Agreement. The City agrees that the
Attorney General of Georgia represents and defends all agencies of the State, including the
Department, and his prerogative is not waived by this Agreement or any policy of insurance.
The Attorney General must expressly approve any settlement of litigation on behalf of the
Department. The City and its insurers may retain, but are not obligated to retain, counsel to
assist with the defense of any suit against the State arising from this Agreement.
14.
TERMINATION
This Agreement may not be terminated for convenience. In the event either of the parties
hereto is not in compliance with any of the provisions of this Agreement and has failed to correct
the non-compliance within thirty (30) days after receiving written notice thereof at the address
set forth above, the other party may terminate this Agreement by giving seven (7) days written
notice to the party not in compliance. Termination for non-compliance will not preclude the
enforcement of any rights under this Agreement. In the event the Department terminates this
Agreement for non-compliance by the City, the parties hereby agree that the City shall reimburse
the Department on a pro rata basis for the State Funds invested in the Improvements.
15.
NOTICES
All notices hereunder, which shall include statements, demands, requests, consents,
approvals and authorizations given by either party to the other shall be in writing and sent either
(i) by hand delivery or (ii) by statutory overnight mail as that term is defined in O.C.G.A. ~~ 1-3-
3 and 9-10-12. The day upon which any such notice is so mailed shall be treated as the date of
service. Either party may from time to time by notice to the other designate a different address
to which notices shall be sent.
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16.
ASSIGNMENT
Neither party shall have the right to assign and transfer all or any portion of their
respective interests in this Agreement without the prior written consent of the other. Subject to
the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the City and
the Department and their respective successors and permitted assigns.
17.
SECURITY AND IMMIGRATION COMPLIANCE
Each party hereby certifies that it has complied with the Immigration Reform and Control
Act of 1986 (lRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act,
O.C.G.A. ~ 13-10-90 et seq., by registering at https://www.vis-dhs.com/EmployerRegistration
and verifying information for all new employees and executing any affidavits required by Ga.
Compo R. & Regs. r. 300-10-1-.01 et seq.
18.
CHOICE OF LAW
This Agreement shall be deemed to have been made in the State of Georgia and shall be
construed, and the rights and liabilities of the parties determined, in accordance with the laws of
the State of Georgia.
19.
INTERPRETATION
Should any provision of this Agreement require judicial interpretation, it is agreed that
the court interpreting or construing the same shall not apply a presumption that the provisions
hereof shall be more strictly construed against one party by reason of the rule of construction that
an instrument is to be construed more strictly against the party who herself, himself, or itself, or
through her, his, or its agent, prepared the same, it being agreed that the agents and counsel of all
parties hereto have participated in the preparation hereof.
If anyone or more of the provisions, or portion of a provision, contained herein will for
any reason be held by any court of competent jurisdiction to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability will not affect any other provision
Robert Baurle Boat Ramp IGA
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hereof, and this Agreement will be construed as if such invalid, illegal or unenforceable
provision had never been contained herein and the remainder of the Agreement and/or the
remainder of that provision shall remain valid.
20.
ENTIRE AGREEMENT
This Agreement represents the sole and complete understanding of the terms of this
Agreement between the parties hereto and may be amended, changed, extended, or modified
only by a document signed by the parties hereto. All attachments referred to in this Agreement
are attached hereto and are hereby incorporated herein by this reference. The parties agree that
the foregoing recitals are true and correct and incorporated herein by this reference. If this
Agreement is executed in counterparts, each counterpart is deemed an original of equal dignity
with the other and each is deemed one and the same instrument as the other.
21.
TRANSACTIONS WITH THE STATE
The parties hereto certify that the law containing the Act prohibiting full and part-time
appointive officials and employees of the State from engaging in certain transactions affecting
the State contained in O.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.
22.
TIME
All time limits stated herein are of the essence of this Agreement.
23.
WAIVER
The failure of either party at any time to require performance by the other party of any
provision hereof, shall in no way affect its right thereafter to enforce that same provision or any
part of the Agreement, nor shall the failure of a party to enforce any breach of any provision
hereof be taken or held to be a waiver of such provision or as a waiver, modification or
rescission of the Agreement itself.
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24.
CAPTIONS
The captions of each numbered provision hereof are for purposes of identification and
convenience only and should be completely disregarded in construing this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
in their names and on their behalf by themselves and their respective officers duly authorized, on
the day and year first above written.
SIGNED, SEALED AND
DELIVERED in the
presence of:
DEPARTMENT OF NATURAL RESOURCES
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Witness
BY:~~J ~
Noel Holcomb -------
Commissioner
~~~~
Notary ~c . ~.... ~<?'.... v-f;
My Commission Expires: I ~/"~oTA.4>.r \S'
(NOTARY SEAL) t ( EXPIRES
: GEORGIA
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SIGNED, SE~LED AND \;1..:~.,.~~~~~.. OF AUGUSTA, GEORGIA
DELIVERED In the '.t'"/~'ou~''''''''' G.~
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presence of: f'......."
;2i4#- .t# By: ~ J->&.
Witness.,({) N.ame: David S. C
VI TItle: Mayo 1
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Notary blic Title: Clerk
My Commission Expires:
(NOTARY SEAL) Notary Public, Columbia County, Georgia
. My Commission Expires July 27, 2010
EXHIBIT A
See Attached Map
Exhibit nAn
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Robert Baurle Boat Ramp
1 inch equals 200 feet
EXHIBIT B
(insert specimen form of the lease)
When recorded, return to:
GA DNR Real Estate Office
2 MLK, Jr. Drive, SE, Suite 1454 East
Atlanta, Georgia 30334-9000
STATE OF GEORGIA
COUNTY OF FULTON
LEASE
TO DEPARTMENT OF NATURAL RESOURCES
FOR BOAT RAMP CONSTRUCTION
THIS INDENTURE, entitled "Lease To Department of Natural Resources For Boat Ramp
Construction", (hereinafter "Lease"), is made and entered into this
day of
2008, by and between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia
(hereinafter referred to as "LESSOR"), whose address is Room 801, 530 Greene Street, Augusta,
Georgia 30911, Attention: Administrator, and the DEPARTMENT OF NATURAL RESOURCES
(hereinafter referred to as "LESSEE" or "DEPARTMENT"), acting for the State of Georgia, whose
address for the purpose of this Lease is Suite 1252, Floyd Towers East, 2 Martin Luther King, Jr.
Drive, S. E., Atlanta, Georgia 30334-9000.
WIT N E SSE T H:
WHEREAS, there is a demonstrated interest and need for access to rivers, streams and
impoundments within the State of Georgia for water related recreational purposes; and
WHEREAS, in connection with providing access to the Savannah River via a boat
launching ramp as well as providing an area for use by the general public, LESSEE desires to
lease a portion of LESSOR'S property to construct, operate and maintain the improvements
described on Exhibit "C"; and
WHEREAS, under O.C.G.A. 99 12-3-5 (c) and (e), LESSEE is authorized to lease land
for such purposes; and
WHEREAS, this lease is subject to approval by the Board of the Department of Natural
Resources, the State Properties Commission and Augusta, Georgia Board of Commissioners;
and
WHEREAS, LESSOR desires to cooperate with the DEPARTMENT in its efforts to
provide recreational opportunities for the people of Georgia by granting to the DEPARTMENT a
Lease on a parcel of LESSOR'S property for the above-stated purposes.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and of the mutual
benefits flowing between the parties hereto, whose receipt and sufficiency are hereby
acknowledged, LESSOR and LESSEE covenant and agree as follows:
1.
PREMISES
LESSOR hereby grants, demises and leases to LESSOR the premises described on
EXHIBIT "A" and shown on plat of survey marked EXHIBIT "B" (hereinafter referred to as the
"premises"), which are attached hereto and incorporated herein by reference.
2.
TERM
The leasehold shall have a term commencing at 6:00 P.M. local prevailing time in
Richmond County, Georgia, on the date first above written and expiring at 12:00 P.M. midnight,
local prevailing time in Richmond County, Georgia, on the twenty-fifth (25th) anniversary date of
the date first above written.
3.
RENT
LESSEE shall pay no rent or further consideration beyond the initial consideration, whose
receipt and sufficiency are acknowledged by LESSOR.
4.
COVENANT OF QUIET ENJOYMENT
LESSOR promises and warrants that LESSEE may peaceably hold and enjoy the
premises during the full term of the leasehold herein granted. The use of the premises by
LESSEE shall not endanger health or create a nuisance, and LESSEE shall take all reasonable
precautions to assure that construction, use, operation and maintenance of the premises and
structure or facilities on the premises will be such that the scenic, recreational and environmental
values of the project will be protected. LESSEE's use of the waters adjoining the project shall be
nonexclusive.
5.
CARE OF THE PREMISES
LESSEE accepts the premises in their present condition as suited for the use intended by
LESSEE. LESSEE, only to the extent that it maintains similar facilities throughout the State of
Georgia, shall maintain that portion of the premises identified on EXHIBIT "A" in good order and
repair for the term of the leasehold herein granted. LESSOR shall not be required to make any
repairs or improvements to premises, except as otherwise provided in the Intergovernmental
Agreement entered into by and between the parties dated , 2008 and hereinafter
referred to as the "IGA."
6.
IMPROVEMENTS
LESSEE shall cause the improvements described in the IGA to be constructed on the
premises. LESSEE, subject to LESSOR'S consent, or LESSOR, subject to the terms of the IGA,
may further improve the premises with removable buildings, additional boat ramps and other
structures and may construct roads and trails. Any improvements other than parking areas, boat
ramps, roads and trails placed upon the premises by LESSEE shall be and remain personal
property of LESSEE, and LESSEE may remove any of its improvements and other property from
the premises anytime during the term of the leasehold and, if the leasehold shall be terminated
prior to its natural expiration, for a reasonable time following such termination. LESSEE shall
have reasonable access to the premises for the purpose of any such removal following early
termination.
7.
DEFAULT BY LESSEE
Before LESSOR may assert any remedy for the alleged breach or default in any term of
this Lease, LESSOR shall give LESSEE specific, written notice of the alleged default or breach.
Upon such written notice of default, LESSEE shall have sixty (60) days within which to cure the
alleged breach or default or to dispute LESSOR's assertion of breach or default.
8.
LESSOR'S AND LESSEE'S LIABILITY FOR LOSS
Nothing in this lease is intended to diminish any protection afforded either the LESSOR
or the LESSEE by the provision of the Georgia Recreational Properties Act (OCGA 51-3-20
through 51-3-26). LESSEE's liability in tort is further governed by the Georgia Tort Claims Act,
OCGA Title 50, Chapter 21, Article 2, as now existing or hereafter amended or repealed. No
subrogation against LESSEE shall be permitted by any insurance otherwise obtained by
LESSOR.
9.
TERMINATION BY LESSOR
LESSOR may terminate this Lease upon the occurrence of the following:
The LESSEE allowing use of the property to create a condition constituting a public nuisance or a
hazard to the safety and health of the public. Should LESSOR believe that LESSEE has allowed
the property to be used in such a way as to create a condition constituting a public nuisance or
hazard to the safety and health of the public, LESSOR shall give notice to LESSEE of LESSOR's
determination, which notice shall contain the facts upon which LESSOR has relied in reaching its
determination. LESSEE shall have sixty (60) days, or such reasonable additional time as the
parties may agree upon, after the date of actual receipt of the notice in which to challenge
LESSOR"S determination or to correct the condition of which it was apprised in LESSOR's notice.
10.
ASSIGNMENT
LESSEE may not assign any right, title or interest it has under this Lease without consent
to LESSOR except to an officer or agency, department, instrumentality or public corporation of
the State of Georgia for public purposes.
11.
TIME OF ESSENCE
Time is of the essence in this Lease.
12.
TAXES
LESSOR acknowledges that the execution of this Lease does not alter any tax exempt
status upon LESSOR or LESSOR'S reversionary interest in the premises during the term of the
leasehold.
13.
NOTICES
Any notice, statement, request, or authorization (hereinafter simply referred to as
"notice") given, or required to be given, hereunder by either party to or from the other shall be in
writing and shall be sent by United States Certified Mail, postage prepaid, marked "show to
whom, date & address of delivery", to the party to be notified at such party's address as
hereinabove set forth. The day upon which any such notice is so mailed shall be the date of
service. Each party may from time to time, by notice to the other, designate a different address to
which notices hereunder shall be sent. Any notice reasonably calculated to apprise the party so
notified of the circumstances involved shall be deemed sufficient under this Lease.
14.
CONTINUITY
Each provision of this Agreement shall apply to, be binding upon, enforceable against
and inure to the benefit or detriment of all the parties hereto and to their respective successors
and assigns. Whenever a reference to a part hereto is made, such reference shall be deemed to
include the successors and assigns of said party, the same as if in each case expressed.
15.
NO WAIVER
No failure of any party hereto to exercise any power given such party hereunder or to
insist upon strict compliance by the other to their obligations hereunder, and no custom or
practice of any of the parties hereto in variance with the provisions hereof, shall constitute a
waiver of any party's right to demand exact compliance with provisions hereof.
16.
CUMULATIVE. NOT RESTRICTIVE
All rights, powers and privileges conferred in this Agreement upon all of the parties hereto
shall be cumulative of, but not restrictive to, those given by law.
17.
CAPTIONS
The caption of each numbered provision hereof is for the purpose of identification and
convenience only and shall be completely disregarded in construing this Agreement.
18.
INTERPRETATION
Should any provision of this Agreement require judicial interpretation, it is agreed that the
Court interpreting or construing the same shall not apply a presumption that the provisions hereof
shall be more strictly construed against one party by reason of the rule of construction that an
instrument is to be construed more strictly against the party who herself, himself, or itself, or
through her, his, or its agent, prepared the same, it being agreed that the agents and counsel of
all parties hereto have participated in the preparation hereof.
19.
ENTIRE AGREEMENT
This Agreement supersedes all prior discussions and agreements between the parties
with respect to the matters provided for herein and constitutes the full, sole, complete and entire
agreement among them with respect hereto. No agent, employee, officer or representative of or
attorney for either party has authority to make, or has made, any statement, agreement,
representation or contemporaneous agreement, oral or written, in connection herewith modifying,
amending, adding to, or changing the provisions of this Lease. No modification, amendment or
change of, to or in this Agreement shall be binding on either party unless such modification,
amendment or change shall be in writing, executed by both parties and by reference incorporated
in and made a part of this Lease.
20.
LEASE EFFECTIVE
This Agreement shall become effective as of the date first above written.
IN WITNESS WHEREOF, all the parties hereto have caused this Agreement to be
executed in their names as of the date hereof.
Signed and sealed
as to LESSOR in the presence of :
LESSOR: AUGUSTA, GEORGIA
BY:
Witness
Name:
Title: Mayor
Attest:
Name
Title: Clerk of Commission
Notary Public, State of Georgia
Date Notarized:
My Commission Expires:
(NOTARY PUBLIC SEAL)
Signed and Sealed
as to LESSEE in the presence of:
Witness
Notary Public, State of Georgia
Date Notarized:
My Commission Expires:
(NOTARY PUBLIC SEAL)
LESSEE: DEPARTMENT OF NATURAL RESOURCES
By:
Noel Holcomb
Commissioner