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Home My WebLink AboutWILDLIFE COOPERATIVE EXT AGREEMENT REVISED DOCUMENT United States Department of the Interior Fish and Wildlife Service West Georgia Sub Office P.O. Box 52560 Ft. Benning, Georgia 31995-2560 Mr. Stephen E. Shepard County Attorney 701 Greene Street, Suite 104 Augusta, Georgia 30901 105 West Park Drive, Suite D Athens, Georgia 30606 . January 6,2005 Coastal Sub Office 4270 Norwich Street Brunswick, Georgia 31520 Dear Mr. Shepard: Re: Wildlife Cooperative Extension Agreement No: 40181SG145 As we discussed by phone on January 3, 2006, you found that there were some minor differences in Exhibit A (Planned Work) between the executed copy of the referenced document and the document signed by the Clerk of Commission. /~ I apologize for this discrepancy. As I was processing the documents to send to our Regional Office, I inadvertently made some editorial changes on Exhibit A. These changes were as follows: 1) I made a change to reflect that we had a copy of the conservation easement on file in Athens, rather than showing it as attached; 2) based on updated information, I changed the acreage figure'to be restored from "2-3 acres" to "3-5 acres" and; 3) to be more accurate, I changed the time the area was clear-cut from "1-3 years ago" to "several years ago." These changes are not essential to the project, and I Iiave cJJaneed the document back to its orieinal form and destroyed the altered.. version. The enclosed document is now the official record on fil~~ - Thank you for bringing this to my attention. Sincerely, L2~~ c,.~ Deborah C. Harris Fish and Wildlife Biologist 'i:~ RECEIVED Enclosure cc: Ms. Sandra Tucker, Field Supervisor, FWS, Athens, GA Ms. Hazel Langrall, CSRL T, Augusta, GA JAN 11 2006 COUNTY ATTORNEY " . . , ' .' RECEIVED SEP l:~ 2005 ATHENS, GA trSfWS FWSAgreementNo: 401815G145 Charge Code: 41460~1121-04HR 1Y (FY05) Amount Obligated: $10,000.00 Cooperator DUNS NO: 137648122 . FAADS: 13-04196-Augusta-245-Richmond-30903-10- 04/01/05-04/01/15 - Habitat development-12 CFDA: 15.631 WILDLIFE COOPERATIVE EXTENSION AGREEMENT This cooperative agreement between Central Savannah River Land Trust ("the Cooperator(s)"), and the U.S. Fish and Wildlife Service, ("the Service"), is authorized by the Fish and Wildlife Coordination Act, 16 U.S.C. Sections 661-666c and the Fish and Wildlife Act of 195616 U.S.C. 742a-j. The Service and the Cooperator(s) agree to carry out certain fish and wildlife habitat practices and developments on approximately 30 acres ofland owned by the Cooperators as described in the Project Plan (Exhibit A). Exlubit A is hereby incorporated and made a part of this agreement The Service agrees to provide at least partial payment (or reimbursement) of the actual costs, and/or technical and . material assistance, as detailed in the Project Plan. In return, the Cooperator(s) agree: 1. .To perform the work in accordance with the Project Plan. The Coopetator(s) may do the work themselves, or hire a contractor. The Cooperator may submit an invoice (with supporting receipts attached) to the Service for any portion of the work when completed, or the Cooperator( s) may present an invoice for the entire F edera1 share upon completion of all work. All invoices should reference the agreement number. The Cooperator(s) shall be reimbursed for actual and reasonable costs not exceeding the amount obligated by this agreement 2. To assume responsibility for securing any permits needed to carry out this project. 3. To allow the habitat developments as descnbed in the Project Plan to remain in place without interference for a period of...uLYears from 1 ~ulv 2005 to 1 Julv 2015. 4. To allow the Service or its representatives reasonable access to the described property for the period of this agreement in order to make the agreed developments or to make periodic inspections of the developments. 5. To notify the Service's Project Manager in writing at least 30 days before closing of any planned sale or other change in the ownership of the descnbed property. The Service assumes no authority over the described property for purposes of controlling trespass, for controlling noxious weeds, for identifying or removing pre-existing hazards including waste materials, for granting rights of way, or for any other incidents of ownership. The Service also assumes no liability for property damage or injuries to people not caused by its own negligence, and any claims shall be processed in accordance with the Federal Tort Claims Act. Cooperator( s) shall own all of the completed or installed developments and slui11 be solely responsible for paying all taxes and assessments on the descnbed property. This agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days' advance written notice to the other parties. However, if the Cooperator( s) tenninates the agreement before its expiratiOn. or if the Cooperator(s) should materially default on these commitments, then Cooperator(s) agrees to reimburse the U.S. Fish and Wildlife Service prior to final tennination for the prorated costs of all habitat developments placed on the land through this agreement. For these purposes, the total cost of the developments to the United States are agreed to be $10.000.00. , , " . . . ' . . The relevant portions of Title 43, subpart 12 of the Code ofFedera1 Regulations (Including subparts D and E for individual Cooperators) are applicable to this agreement The Cooperator agrees to comply with applicable certifications/assurances from Form DI-20 1 0 and SF-424D, which are incorporated by . ref~ce. Upon request, the Service's Division of Contracting and General Services will make the full text oftbese regulations and assurances available. It is also understood that this agreement does not create th~ kind oflega! partnership or joint venture which would a1l~w anyone party to speak or act for or to obligate any other party on this or other matteJ'S. Buy American notice: It is the sense of the Congress that recipients of federal assistance should give preference to domestic equipment and products when buyiDg such items with federal funds. The Service is prohibited by law from obligations that exceed available funds and therefore. the Service can do only that worlc which is funded. In the event funds arc not available to do the wildlife development work within the period of time or in the manner prescribed under the Project Plan, the Service will advise the Cooperator accordingly. ' The Coopcrat<< guarantees that hc/she is the OWDel' of the above-described land and warrants that there arc no outstanding rights which will interfere with the SerVice's rights under this agreement. In the event the Coopmdor transfers any of the 1aDds designated and described in the Project Plan, helshe shall take steps as nccessmy to inform the purchaser of the existence of this agreemeilt. . . Au.ita Wender 1-- It c: (T~ :::,~~\'iSOI) C(j:'~IU..i8iigc8fficer . :h..oP CC>i'\/'\'~'I)r-..J TeL( 4V't) ~7 f. ~()jJ ~ 10~Ct1Y-(~IJ1&p~c,. . (Address) ftV(jv('1 I . dC1 I, . Z005 ro:wroll(S) 1. .. VLLjz- (Signature) Deke Copeahaver Executive Diredor Central Savannah River Land Trust P.O. Box 148 Augusta, GA 3G903 Tel L706-3l2-5266 f.C U u.s. FISH AND WILDLIFE SERVICE . ~q.L., (2..~ (Signature) Deborah C. Harris Project Ma...ger May 16, ZOOS g ~J-- (Signature) Warrant # /~J;:f EXlDBITS: A. Projed Plan B..lDstructions for Submitting aod Processing Claims for Payment PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoratioo and Exotic Plant Removal Part 2 EXHIBIT A Project Plan 1. Planned Work: Briefly describe what you expect the project to accomplish.. Explain why this work needs to be done and why it is worth the Federal contributions, Include a map and general description o/the project property if possible, especially if the final agreement will be filed with the county property records. Central Savannah River Land Trust (CSRLT) manages the governor's Greenspace Program for Augusta! Richmond County. In the past two years, the Central Savannah River Land Trust has negotiated the purchase of301 acres in the Butler Creek watershed using greenspace funds. The focus for the watershed is to provide an interconnected corridor of greenspace running from the headwaters of Butler Creek to the Phinizy Swamp Nature Park. The greenspace will act as a permanently protected buffer to the creek, providing for a habitat corridor and the protection of water quality. Long range plans for the greenway include a trail system and outdoor educational opportunities. This proposal is for property in the greenspace program, owned by Augusta/Richmond County and managed by the CSRLT, which also holds the conservation easement (attached). The CSRLT will restore 2-3 acres of riparian habitat adjacent to Butler Creek. This area will become part of the 8 mile trail system extending from Meadow Brook Elementary School to Phinizy Swamp Nature Park. The area to be restored was clear-cut about 1-3 years ago and is now overgrown with privet. The habitat work would include removal of privet and planting of native hardwood trees. Removal of privet would allow native understory and young saplings to recover. Planting would ensure a diverse mixture of hardwoods preferred by migratory birds and other wildlife. The area to be restored connects landward to a mature oak-hickory forest. Specifically, to begin with, the $10,000 will be used to remove privet from a three-acre parcel adjacent to a community access point. The CSRL T then plans to use supplemental grant funds from a local foundation to provide signage, access and amenities (gravel parking lot, trash receptacles, picnic area, e.g.) at the access point which is a ~ acre parcel of land adjacent to the habitat restoration area. To remove the privet, the CSRL T will contract with Invasive Plant Control, Inc (IPe) - a Tennessee firm specializing in removal of invasive plants. IPC will use their equipment to remove the larger privet plants and train the CSRLT's team of volunteers to pull the smaller ones. The larger stumps would be chemically treated with glysophate, which is the standard practice for privet removal. The IPC charges approximately $2,000 - 2,500 per acre for privet as thick as that which is on the property in question. The CSRL T will contract with IPC for approximately three acres of privet removal, not to exceed $7,000 in expense. The removal will take place in the late summer or early fall- before the privet berries mature and fall to the ground. The following spring, the CSRL T will bring those same volunteers back to remove any saplings from the same three. acres of land. PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 . " , . The remaining grant funds will be used in the winter to replant native trees and thin the understory as necessary. Once the privet is removed, if it is not necessary to replant many trees, the remaining funds may be used to remove additional acreage of privet in the. spring (the entire site is 30 acres). Priority, however, will be given to habitat restoration on the initial three acres. The goal is to completely restore and provide access to a smaller acreage, rather than partially remove privet from a larger acreage. By getting the community excited about a few acres nearest to their access point and by eliciting professional training for its volunteers, the CSRL T hopes to generate interest and ability to restore additional acreage in the years to come. This project is worth the federal expenditures because it provides benefits to trust resources (migratory birds) and satisfies, in part, the following two goals of the Savannah-Santee-Pee Dee Ecosystem: ' 1) To perpetuate healthy native plant and animal communities threatened by invasive native and non-native plants and animals. The habitat restoration would employ aggressive and proven methods to remove the privet (machine and hand pulling) and continued monitoring. and removal each season). Once the planted trees achieve canopy closure, privet growth will slow down and removal efforts can relax. Native trees will be planted during the winter to achieve the best growth. This project will restore a healthy native plant and animal riparian community, particularly for migratory birds that use native trees and shrubs for nesting. . . 2- To increase and enhance public awareness, support and participation in carrying out the Service's mission through cooperative outreach efforts. This project is a part of a larger project that will eventually connect the proposed habitat restoration site to Phinizy Swamp Nature Park, which is designated as an Important Birding Area . by the Audubon Society. We expect the trail to be used by local birders, nature photographers, walkers and hikers, the neighborhood community, and those interested in environmental education. The Service already has an ongoing stream bank restoration project with an educational component downstream at Phinizy Swamp Nature Park funded through the Partners for Fish and Wildlife Program. Outreach information that will be prepared for the Butler Cteek trail will highlight the importance of restoring and protecting riparian buffers and will include details about the fish and Wildlife Service's role in restoring native communities and controlling invasive exotics. The project will result in trained community volunteers and will serve as a public demonstration area about the techniques for controlling privet and other invasive exotics. The Southeastern natural Sciences Academy will likely use the site for privet control research. 2. Contributions of the Parties: (Specify in detail what each party is contributing toward the total project, i.e. materials. equipment, personal or contracted labor, technical assistance, etc, The estimated costs of these . contributions and the schedule for delivering or completing them may be incorporated here also or in separate sections as shown below. If Service funding is uncertain at this time. use phrases such as "Federalfunding to be determinei'or "approximately $ subject to the availability offunds", The Fish and Wildlife Service will reimburse the Cooperator up to a maximum of $1 0,000 for materials, plants and services to complete the project. The Cooperator will provide labor and PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 " any material expenses incurred over $10,000. The cooperator will provide for maintenance of the project. 3. Estimated Costs: (Provide a breakout of materials, equipment, technical assistance, work to be contracted or contributed by the Service and the Cooperator(s). This establishes a basis for the Service's funding decision. Total estimated cost = Service s.hare + Cooperator's share. The Service's share should equal that shown in the termination clause of the agreement. , C;oop~rator Labor Equipment Materials Funds In;.Ktnd Total (kj()~rat()~" 5)000 5)000 .. .. .. .. .. ... fWS: .. . ::>:.:.: ". 10,000 10,000 .' .....,. ." .-. ....'...:;::,:7'. ". ,.. . . . ,- . .. ..Total' . . . $15,000 ".i. 4. Work Schedule: (Specify what has to be done and by when in order for the Service to accept the project and pay any progress invoices and the final invoice.) The Coo..P<1rator will complete this project before September 30, 2008. CSRL T estimates that . work win begin privet removal in the late swnmer or early fall of2005. The following spring , after removal) new privet growth will be removed. Trees will be planted in winter montlis during the contract ~eriod. Once this agreement is siIDled by all parties, mcluding the Service Contracting Ufficer, and a copy IS returned to The Cooperator, the Cooperator can submit invoices and/or receipts to be paid for work done.on tlie project. The Cooperator will 'provide a written re..P9rt to the Fish and Wildlife Service Project Manj1;er by September 3~ o( eacli year until the worK is C<?mpleted. The rep<?rt will include w!1o did ttie work, a descnption of work that was accomplIshed and how work was done, locatIOn of work. dates wqrk was begun and completed, summary of costs (Cooperator and Service) and pre and post-project photos. Maintenance of the project will be the responsibility of the Cooperator. PFW WCEA Central Savannah River Land Trust Butler Creek Habitat Restoration and Exotic Plant Removal Part 2 ;WJ7 ~ .... . oHTr..'O..,GC:OI OC'CAL I'U"VL'Y, nFSY';N, V"'A.N~.;.D4 . -. 33-22/30" ~1)6OOO"'.E- B2DQO' Me: F1EAN !O M!:\. ROAD CLASSIFICATION '.AlA YHEF;nCJRO ?7 MI. ~ ~ ,;: O-s., ~-<7...,., -'L-.....C' .s>"S-: .,.- "'<' <J Light-duty road. hard or im proved surface ,.....- M '----~) QlJAOR!\NGU. LOCATI0N vn in pU(J:lie cqmpHed by the Geclogical ~rial photographs taken 1977 and other sourc.c data :)n not lieid checked. Map edited 1980 Hcates extension of urban 31e;;5 Primary highway, hcnd surface- ; ..,: ,- Secondary highway. hard surface..,_,--_. -. n Inlerstate Route -' Unimproved road_-,.. ---~--- o U, S. Route C) State Haute AUGUSTA WEST, GA. NE/4 HEPH1.JBAH IS' QUAORAl(GUl N3322.5-W8200/7.5 1957 PHOTOREVISED 19BO DM A 4550 1 NE-SERIES VB45 EXHIBIT B Instructions for Submitting and Processing Claims for Payment The Cooperator shall submit an invoice with supporting receipts to claim payment under this agreement. In the event that the amount invoiced represents work done by the Cooperator and no supporting receipts are available, the invoice shall state that fact; the amount invoiced should represent a proportionate amount of project work actually completed. The invoice shall identify this agreement by citing the Service agreement number. The invoice shall bear the original signature ofthe Cooperator and the invoice to the Service Field Representative; signatory to this agreement. Upon approval of the invoice by the Service Field Representative, it will be forwarded to the Budget & Finance Division for processing. Partial payment, not to exceed 75% of the total amount agreed and obligated, may be authorized prior to completion of the project described in Exhibit A. Any invoice submitted shall conform to the requirement of this section and shall indicate whether the invoice is partial or finaL When the Service obligates funds under this agreement for payment to the Cooperator, the Cooperator agrees to provide hislher Taxpayer Identification Number (I1N). TIN means the number required by the Internal Revenue Service (IRS) to be used in reporting income tax and other returns. For most individuals, this is the Social Security Number. The Service is required to obtain 'this information to process any payment(s) to the wildlife Cooperator as a result of this agreement. This information will be furnished to the IRS as required by the Tax Reform Act of 1986 and may be shared with the Department of Justice for criminal or civil litigation. Furnishing a Sodal security Number is voluntary, but failure to do so may result in disqualification from this program. Also, the Service uses DUNS number assigned by Dun and Bradstreet as its vendor code in its financial system. A DUNS number should be provided if available. If not available, the Service will request that a number be assigned by Dun and Bradstreet. . ,~ - <I ,. .0 RetuOl to: James B, Wall County Attorney 454 Greene Slrcet Augusta, GA 30901 Book 00755 ~7 Augusta - Richm,9.l}d County 20010329191uJ30f200111:24:13,OO $0 00 DECLARATION RESTRICTIVE COVENA iRDjiimm~ iHiliul1 inn Ilia ifiiilaii ill iiu . 2001032919 Augusta - Richmond County STATE OF GEORGIA ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICflONS AND COVENANTS This declaration is made this 21st day of September 2001, by AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Declarant").. WITNESSETH: WHEREAS, Declarant owns the property described on Exhibit "A" attached hereto and made a part hereof (the "Property") which property was acquired from SunTrust Bank, Augusta, N. A., of Richmond County, Georgia, as Trustee of the Boy Scout Trust Fund, Georgia-Carolina Council, Boy Scouts of America, Inc., their successors and assigns, by deed dated September 21 ' , 2001 and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty Reel 751 , pages 2239-2242 ; arid WHEREAS, the Property was acquired with Grant Funds pursuant to the Georgia Greenspace Program Grant Award Agreement dated June 12,2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia attached hereto as Exhibit "B" (hereinafter the "Agreement"); and WHEREAS, Augusta, Georgia has designated the Property as Greenspace Property and has promised, inter alia, to operate and maintain such Property in such a manner as 1 Book 00''''5:0928 Augusta - Richmond County 2001 L ~2919 10/30/2001 11 :24:13.0 to achieve one or more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. 936- 22-1, et seq.) 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 Declarant agrees to restrict the use of the Property as provided herein. NOW, THEREFORE, for and in consideration of Ten and no/lOO Dollars ($10.00) and for other good and valuable consideration, including the receipt of said Grant ., Funds, the receipt and adequacy of which is hereby acknowledged and intending to be legally bound, Declarant does hereby subject the property to the covenants, restrictions and rights hereinafter stated: 1. Definitions. For purposes of this Declaration, the following terms shall have the following meanings, unless the context requires otherwise: (a) "Conservation Easement" means a non-possessiary interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open- space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, agricultural, archaeological, or cultural aspect of real property. (b) . "Georgia Greenspace Act" shall mean O.C.G.A. 936-22-1, et seq. 2 Book OOrO:::0929 Augusta - Richmond County 20010",",-919 1 0130/2601 11 :24:13.01 ( c) "Grant Agreement" shall mean that certain Georgia Greenspace Program Grant Award Agreement dated May 20,.2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia. (d) "Greenspace" shall mean permanently protected land and water, including agricultural, and forestry land whose development rights have been severed from the property, that is in its undeveloped, natural state and that haS been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals: 1) Water quality protection for rivers, streams, and lakes; 2) Flood protection; 3) Wetlands protection; 4) Reduction of erosion through protection of steep slopes, .areas with erodable soils, and stream banks; 5) Protection of riparian buffers and other areas such as marsh, hammocks that serve as natural habitat and corridors for native plant and aniinal species; 6) Scenic protection; 7) Protection of archaeological and historic resources; 8) Provision of recreation in the form of voting, hiking, camping, fishing, hunting, running, jogging, biking, walking, skating, birding, riding horses, observing or photographing nature, "> .J Book 00':0930 Augusta - Richmond C'ounty 20010::52919 10/30/2001 11 :24:13.0 picnicking, playing non-organized sports, or engaging in free play; and 9) Connection of existing or planned areas contributing to the goals set out in this paragraph. Public access is not necessary for property to be counted as Greenspace. (e) "Land.Trust" shall mean Southeastern Natural Sciences Academy Land Trust, Inc., a nonprofit corporation organized and existing under the laws of .;. the State of Georgia, its successors and assigns. 2. Conservation Easement. Grantor hereby subjects said Property to a Conservation Easement that ensures that the land will be maintained as Greenspace as defined in the Rules for the Georgia Greenspace Program, Rule 391-1-4-.01, et seq., incorporated herein by reference, in effect at the time of this Declaration. 3. Use. The operation, use and maintenance of the Property, and any improvements, shall be subject to and shall comply with the Conservation Easement. 4. Covenants Runninl! with the Land. Declarant acknowledges and agrees that the Conservation Easement is appurtenant to and runs with the land, and shall be binding and enforceable against Declarant, its successors and assigns, and any Trustee appointed to manage the Property. The Conservation Easement shall inure to the benefit of the State of Georgia, the Land Trust, and their respective successors and assigns, and shall be enforceable by the State of Georgia, its agents or assigns, and Land Trust, its successors and assigns, in the Superior Court of Riclunond County, Georgia. 4 Book 00'. ;0931 Augusta'- Richmond County 2001032919 10/30/2001 11 :24:13.0( 5. Severability. In the event that any of the provisions contained in this Declaration shall for any reason held to be invalid, illegal or unenforceable in any respect in a final ruling or judgment of a court of competent jurisdiction from which no appeal has been or can be taken, the remainder of the Conservation Easement shall not be affected thereby and each term, covenant, condition and provision hereof shall remain valid and enforceable to 'the fullest . extent permitted by law. 6. General Provisions. (a) Headings. The use of headings, captions and numbers in this Declaration. is solely for the conve~ence of identifying and indexing the various provisions in this Declaration and shall in no event be considered otherwise in construing or interpreting any provision in this Declaration. (b) Non-Waiver. Faihrre by any party to compl~ of any acti~n, nOll- action or breach of any other P?rtY shall not constitute a waiver of any aggrieved parties' rights hereunder. Waiver by any. party of any right arising from any breach of any other party shall not constitute a waiver of any other right arising from a subsequent breach of the same obligation or for any default, pass, present or future. (c) Time is of Essence of This Declaration. (d) Applicable Law. This Declaration shall be governed by, construed under, and interpreted and enforced in accordance with the laws of the State of Georgia 5 ".- .....~. --. -- - .--.-.....--.,-'...;--- ~ :... ..'. - ....,.-. Book ( 55:0932 Augusta::Richmond County 2001032919 10/30/2001 11 :24:13:1 (e) Venue. Any action to construe or enforce this Covenant shall be filed in the Superior Court of Richmond County, Georgia, IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on the day, month and year first above written. DECLARANT: A~/.A t..d .0 t: _ By: { 1dJ0 ~ As Its: Mayor ATIfJ3!:, By: ClerfV G ;" . ~ :.;I... f.~r"... ':...;'r ......, :\ .~~.: I;;' .: '?'"" . \.\~.. t.. '1' t;.~-:.., . . '.. ' :, I ," . ~4.. ~~t' ' .,: \ ;;~i~~~.,~~~;~~'~:>~ ~l/<" :. . ~~1","1{~J.[,:"~t}\:1'~ -.... .. '. - :.... '. \~~.... '\: ..:' Signed, Sealed and Delivered in the presence of: Notary Public, St ofGA My Commission xpires: ..*>'~ ~k! ~, ~~ MY eo.'T'lmlsston EkpIres Jan. 4.lOf.;-.' 6 Book 00755. i3 Augusta - Richmond County 2001032919 10/30/200111 :24:13.00 EXHIBIT "A" ALL those parcels of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being knoWn and described as Parcel VI (15.92 Acres), Parcel VIII (15.92 Acres) and parcel X (15.92 Acres) on a plat of Holiday Hill prepared for E. L. Jernigan, Sr. and Sarah C. Jernigan by Baldwin & Cranston, Inc. dated April 9, 1973, and recorded in the Office eofthe Clerk of the Superior Court of Richmond County, Georgia, in Realty Real 18, at Pages 1714-1722. Reference being made to said plat and it is incorporated herein and made a part hereof for a more complete and accurate description of the metes, bounds and location of said property. AND All that property conveyed by Deed of Gift from Edward Lee Jernigan and Sarah C. Jernigan on the 29th day of December, 1998 described in Reel 625, page 1202 as' follows; All of those lots or parcels of land situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Parcel II, containing 15.92 acres, and parcel IV, containing 15.92 acres, on a plat of Holiday Hill, prepared for E. L. Jernigan, Sr. and Sarah C. Jernigan by Baldwin & Cranston Associates, Inc., dated April 9, 1973, recorded in the Office of the Clerk of Sueprior Court of Richmond County, Georgia, in Realty Reel 18, pages 1714-1722. Said plat is incorporated herein by reference thereto for a more complete description of metes, bounds, courses, and locations. EXCEPTED FROM Parcel N as aforesaid are Lots 17, 18, 19 and 20, Block A of an addition and resubdivision to Unit 1-B of Pepperidge Subdivision on a plat thereof dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., recorded in said Clerk's Office in Realty Ree1338, pages 1440-1442. ALSO EXCEPTED therefrom is a parcel of land con~aining 0.53 acres shown as Tract "A" on a plat prepared by A YERCORP, dated June 21, 1990, attached to a warranty deed from E. L. Jernigan and Sarah C. Jernigan to Joe C. Spencer, dated July 5, 1990, recorded in said Clerk's Office in Realty Reel 338, pages 1440-1442. Book 007:.. ./934 Augusta - Ri~hmond County. . 200103291 9 10/30/2001 11 :24:13.00 ALSO EXCEPTED therefrom is a parcel of land containing 0.5233 acres shown as Tract "B" on a plat prepared by A YERCORP, dated February 27, 1991, attached to a warranty deed from E. L. Jernigan and Sarah C. Jernigan to Alphonzo L. Paul and Veniva D. Paul, dated March 1, 1991, recorded in said Clerk's Office in Realty Reel 354, pages 290-292. ' Said property is subject to the . rights of Augusta-Richmond County, Georgia under a right-of-way deed from Edward Lee Jernigan and Sarah C. Jernigan to Richmond County, dated February 27, 1997, recorded in Realty Reel 550, pages 26-27. ALSO conveyed as a part of this conveyance is non-exclusive easement for the purposes of ingress and egress from Pepperidge designated as "Reserved" on said above referenced plat dated November 21, 1984, prepared by Ayer, Graham & Associates, Inc., recorded in said Clerk's Office in Realty Reel 208, pages 1164-1165. ALSO EXCEPTED therefrom is a parcel of land containing 0.85 acres shown on a plat prepared by H. Lawson Graham and Associates, Inc. dated January 9, 2001 and recorded in said Clerk's Office in Realty Reel . pages . .__._-..._--._.._.."......-..~ .,. ,~ -- EXHIBIT liB" Book 0075~ 35 Augusta - Richmond County 2001032919 10/30/2001 11 :24:13.00 r - ~ =-- . :--::--;------. ! . q r-- ,. -r-'"- I I r~r '-': 1 \/ .;,-=-; 1 I - ~""T~~ ) Georgia Greenspace Program I ! Grant A )vard Agreement 1 jUN 1 2 2001 ! i i ~~s:~s;~,~~::E c~:~.;~'~:~:::;~J J THIS AGREEMENT, made and entered into this rz/?!aay of ~*J f\--<-f!.- , 200 I, by and bet\.veen the State of Georgia, Department of Natural ){e ces (hereinafter, DNR), 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 Constitution authorizes grants of State funds to counties and municipalities within the State, Ga Const. 1983, Art. VII, Sec, III, Para. III; and WHEREAS, in Chapter 22 of Title 36 of the Official Code of Georgia Annotated, O.C.G.A 9 36-22-1 e/ 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 connected and open greenspace which can be utilized for informal recreational activities and protection of natural resources," O.C.G,A. 9 36-22-1; and WHEREAS, the Georgia Greenspace Act established the Georgia Gieenspace Commission (the "Commission") which has the power and duty under the Act to review greenspace programs submitted by a county, a.c.G.A. 936-22-8, and greenspace programs in which a county participates with a municipality, O.C.g,A. 9~36-22-4(c) and 36-22-6(3), and to determine their eligibility for an award of a greenspace grant, Q,C.G.A. 936-22-8; and WHEREAS, the Georgia Greenspace Act established the Georgia Greenspace Trust Fund to be administered by DNR in funherance of the purposes of the Georgia Greenspace Act, see O.C,G,A, S 36-22-4; and WHEREAS, GRA.NTEE is eligible under the provisions ofO,C.G,A, 9 36-21-10 of the :Act and the Rules and Regulations of DNR to submit. and has subrp.itted, a . -....-.-., ...........-..--..-.. Book 00755:u~36 Augusta - Riclimond County 2001032919 10130/2001 11 :24:13.00 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, THEREFORE, 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.C.G.A. 9 36-22-4 and the decision of the Commission, DNR hereby 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. ll. GRANTEE'S OBLIGATIONS AND DUTIES A. USE OF GRANT FUNDS - As consideration fOT the award of the Grant Funds, GRANTEE has established a Community Greenspace Trust Fund pursuant to O.C.G.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: 1. Deposit the Grant Funds into the GRANTEE's Co'mmunity Greenspace Trus'tFund. - 2 - ..'~..- '~'_. ~'...~. .--"....::_.....~ . Book 0075t .137 Augusta - Richmond County 2001032919 10/30/2001 11 :24:13.00 2. Administer the Grant Funds in a manner consistent with the purposes of the Georgia Greenspace Act and the Rules and Regulations promulgated by DNR and the terms aild 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 O.c.G,A. 936-22-2(3) of the Act and the Rules and Regulations of DNR (hereinafter, ~.the Greenspace Property"). 5. 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 that the 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 oftline 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) in compliance with the Act and the Rules and Regulations promulgated there' under. ' - 3 - --....-. -- ~_.....~"'. ~.~... Book 0075f '38 Augusta - Richmond County 2001 032~f19 1 0/30/200r 11 :24:13.00 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 wTiting in the deed or other instrument of acquisition that the property must be used in perpetuity as greenspace propeny as provided in O.C.G.A, 9 36-22-1 et seq. and the restriction will be enforced by the State of Georgia. B. OPINION OF COUNSEL Ai'iD 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 O.C.G.A. ~ 36-81-8.1, 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 O.C.G.A. 9 36-81-7, including the Uniform Chart of Accounts mandated by O.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 ONR within 60 days after the expenditure of any". ' 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 goal furthered by acquisition of the property, a reference to the part of GRANTEE's Greenspace Program which describes the acquired property, and a property description in -4- digital format provided by the surveyor. This report may be submitted with the opinion of counsel required by paragraph II. B. above. Book 00755:0939 Augusta - Richmond County 200103291910130/200.111:24:13:00 ill. 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 ip. 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 resomce 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. 5. TOTAL DEVELOPED AREA - When totaled, the Greenspace Property developed for Public Facilities, Trails and Paths and Access shall not exceed 15% of the Greenspace Property. B, GRANTEE must apply to the Commissioner of DNR in writing for approval of other types of development or use of Greenspace Property which GRANTEE believes to also not be inconsistent with the Greenspace goals served by Greenspace Property. The decision of the Commissioner that a proposed: use is or is not consistent with the Greenspace goals of the Greenspace Property shall be conclusive and not subject to -5- ..._.--_......--~----_..:.._..._-..~.-- .... . Book 0075' 140 Augusta - Richmond County 2001 03L~19 10/30/200-1 11 :24:13.00 appeal under the Georgia Administrative Procedures Act or any other judicial or appellate proceedings. IV. RELATIONSHIP 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. Tl:flRD-P ARTY 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 Constitutio~ Ga Const. 1983, Art. VII, Sec. ill, Para. TIl, and the legislation creating the Greenspace Program. O.C.G.A. g36-22-3, it shall continue in perpetuity. Vll. ADDITIONAL TERMS AND CONDmONS 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 compIiecL and will continue to comply,. with the requirements of Chapter 14 of 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 t,9 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 and understandings between the parties. This Agreement may be modified- only by mutual consent of the parties. Any modification must be in writing and signed b~.both parties. - 6- Book 007 )941 Augusta - R~<?hmondCounty . 200103291910/30/2001 11 :24:13.0C 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 of 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.S;g45-10-21 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 with Grant 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 achieyes 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 -it rare, exceptional circum.stance, 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 man~ory requirements for achieving such a conversion: (a) GRANTEE may make a proposal'to the Commissioner ~ Gl\ANTEE be permitted to substitute other property which is located entirely in \L l t.M.~ County in lieu therefore ("Substituted Property"). (b) The Substituted Property must meet one or more of the Act's 'goals. It is preferred that the Substituted Property would address the same Greenspace goal as the property being convertecL but if that is not feasible, the Substituted, Property: should provide comparable value to the Greenspace Pro~ as the Greenspace Property being - 7- Book OOn: 942 Augusta - Richmond County 2001032919 10/30/2001 11 :24:13.00 converted. The Substituted Property must have been acquired, (or if not yet acquired, will be acquired) by GRAi'ITEE 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 dilly 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 Vll, 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 CONSIDERA nON 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 and 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. 5. Provide documents establishing that the propertY GRANTEE proposes to substitute is not currently, nor has it previously been. permanently protected greenspace property as . I; - , ~ Book 00, 0943 Augusta - R~hmond County 2001032919 10/30/2001 11 :24:13.00 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 GRAL'ITEE already owns the Substituted Greenspace Property, GRANTEE must deliver to DNR an originally signed opinion of €ounsel 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 G~1EE and DNR. It must further state that the Substituted Greenspace Property will be enc~bered 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 GreenspaceProperty 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 conversion of the Greenspace Property, . C. ACTION BY DNR The Commissioner shall act upon a proposed conversion request within 60 days of its receipt, or provide a letter to the local governing body regarding the reason additional tinle is needed to act upon the request. The Commissioner has the authority to disapprove conversion requests and reject proposed property substitutions. Disapproval of a -9- Book 007~ '944 Augusta - Richmond County 2001 03L~19 10130/200-111 :24:13.00 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 and subscribed before me this I c2... "-- - dayof ~. 2001. ~q?<~,'~~"'>'<" - ., . ~~~ Notary Pub~ ~OW}- ..:;r ": ~:::J'/~ ..... \ :. ~"":I{ ~1t\; - .:: G"Oll.v.-" ~. :; - :).:! _,' 1,,-" -; \ ..~t. 2. -- ' ~,....:: -:. -"~..,.. ,- .:;::....:: %~!mfm>'i~:.~/: )~.'; ~ , .~ & . ~ - . . ',. t: . ..-::- .... . AUGUSTA, GEORGIA 111:4: C{t~1- r BO~Y; ,May r Attest: Sworn to and subscribed before me this $..:Ct., day of _.--L7u.-t:>.... '.. 2001. V 7J~ ;J ':7'nc>>~: Notary lic . . , Notary PubJIc. Columbia county. Georgia My CommfsSjon E:\pires Aug. 3, 2002 - \0. ..-. .<.... ,. .-...~. _. - , Book or '1:0945 Augusta - Richmond Cou'nty 2001u",,291910/30/200111:24:13.( GEORGIA GREENSPACE ANNUAL CERTIFICATION FORM CURRENT YEAR (FY 200---> PREVIOUS YEAR/s Local government Grecnspacc goal under cum:nt plan Grccnspacc goal under previous plan T Olal acres: Total acres: Pennanently Protected Trust Funds: Trust Funds: Greenspace acres, acquired (total ~crcs from (total acres fiom through Trust Funds, and through this reporting year) previous years) Othcr Me:ms: Othcr means: other means. Greenspace Grant Award Date: of Award: Oat~ of Award: Date, amount, interest earned, Amount of Award: Amount of Award: total expendinIres, and Balance. - Interest Interest: Minus e.'"tpendilDres: Minus expenditures: Total Bal~ Total Balance: Greenspace Funds Expended I. Dale: 1. Date: Date. Pan:eI: Parcel: parcel name, Acres: Acres: AI110UIlt Amount: acreage, Interest Interest: amount, Purpose: Purpose: legal interest greenspace purpose served. 2. Date: 2. Date: Pared: Parcel : Acres: Acres: Amount: Amount: Interest: Interest: . Purpose: Purpose: 3. Date:: 3. Date: Parcel: Parcel: Acres: Acres: Amount: Amount: Interest Imcrest: l'urposc: Purpose: Attach additional sbee1s as nc:ccssary Certification of Local Government Officials J have reviewed the information 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. ~ 36-22- I et seq. or the costs of COosetVation, scenic, or other easements which contribute to the goals set out for greenspace in-O.C.GA. ~ 36-22-2. Lands, or interests in lands. designated as permanently protected greenspace. continue to serve one or more of the stattltorily identified goals for greenspace in O,C.G.A. 9 36-22-2, and have not been converted to any other public 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 the state of any such grant fun~r ~~_ Signature of Chief Elected Official .9t'if L.c....-- Date: :, & f '? /0 I . Signature of Chief Financial Officer ~r, AlA 9 ctA ~ ~ Date: U- 8--Q i - 11- . ;'" Book OO~ 0946 Augusta - R.i~hrnond County 2001032919 10/30/2001 11 :24:13.0C Georgia Greenspace Annual Certification Form Instructions for COTI?-pletion The tenns of the Grant A ward Agreement require each local government receiving a grant from the Georgia Greenspace Trust Fund to provide an annual certification fonn 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 Gre:~nspace Program purpose. This.annual certification form should be submitted to the Department of Natural Resources at the time the GRANTEE submits its annual audit to the state as provided in a.c.G.A. 936-81-7. Questions concerning the preparation and submission oftbis 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 A ward. 2. First Row. Second Column: Under the Greenspace Program in effect during the m~ority of the reporting year. if any, what is the total acreage goal for permanently protected Greenspace in the reporting entity's jurisdiction. 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 Column: 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 prografn. acquisition of lands using other sources of funds, achieving pennanent legal protection on lands already publicly owned, increases in State or-Fed era I 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 pennanently protected during previous years using Georgia Greenspace Trust Funds. Additionally, indicate the total acres of Greenspace lands permanently protected during previous years using any other means than Georgia Greenspac~ Trust Funds. . - 11- '. Book C ,5:0947 Augusta __~ichmond COuntY 2001lJJ2919 10/30/2001 11 :24:13.1 ~. ; . 6. 111ird 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 infonnation should be specific to each award received. For example during FY 2001 a county may havereceived an initial grant of $400,000 on March 15,2001 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. TIle amount of each award, the date of the award, the mterest . earned on that specific award should be indicated. It is recommended that the oldest grant money be expended first. 7. Third Row, TI1ird Column: Indicate the Georgia Greenspace Trust Funds availabIe 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 f!1e current reporting year. 8. Fourth Row, Second Column: For the reporting year, indicate each parcel or interest in land acquired entirely or partiaUy 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 fann a copy of the most recent annual audit of the jurisdiction's capital accounts. which reflects all assets acquired using state greenspace grant funds. 11. Signature Jines are provided for both the Chief Elected Official and ChiefFinanciaI Officer. The appropriate officials should sign and date the form. 12. Mail the Georgia Greenspace Annual Certification Fonn, with one copy of the annual audit of GRANTEE's ~ommunity Greenspace Trust Fund, to: Georgia Department of Natural. Resources Greenspace Program Office 7 Martin Luther King, lr., Drive, S_W., Room 146 Atlanta, Georgia 30334-4002 . - 13 - Filed in this office: Augusta - Richmond County 10130/2001 11'24:1300 Elaine C, Johnson