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HomeMy WebLinkAboutBOARD OF EDUCATION HEPHZIBAH HIGH SCHOOL STADIUM STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN COUNTY BOARD OF EDUCATION OF RICHMOND COUNTY, GEORGIA AND AUGUSTA, GEORGIA, A POLITICAL SUBDIVISION OF THE ST ATE OF GEORGIA FOR THE EXCHANGE, CONVEYANCE AND USE OF PROPERTIES LOCATED IN HEPHZIBAH, GEORGIA THIS AGREEMENT is made and entered this the~O~ay of ~, 2007, by and between County Board of Education of Richmond County, Georgia (hereinafter referred to as "BOE") and Augusta, Georgia (hereinafter referred to as "City"). WHEREAS, BOE has identified needs to consolidate its campus and construct a new football stadium, track, baseball and softball fields and related education facilities on a contiguous campus at Hephzibah High School (hereinafter referred to as "HHS PE.l Athletic Complex"); and WHEREAS, the City currently owns real property contiguous and adjacent to Hephzibah High School which is needed for the BOE to complete the HHS P.E.lAthletic Complex so that P.E. facilities, outdoor and indoor classrooms and athletic fields are part of a contiguous comprehensive HHS campus; and WHEREAS, BOE currently owns nearby property that would be suitable for the City for baseball, softball and practice or play fields, but said land is not contiguous to the current HHS campus; WHEREAS, BOE and City have determined that it would be to the benefit of the taxpayers of Augusta and to the benefit of HHS students and staff for BOE and the City to exchange and convey designated properties as well as share facilities under the terms and conditions of this Agreement; and WHEREAS, each of the parties acknowledge and agree that the benefits that each party is to give and receive are of equal value and consideration; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 1. Conveyance and exchane:e of 13.86 acres from BOE to City a. BOE shall convey by Quit Claim Deed to the City that certain property described on Exhibit "A" attached hereto and made a part hereof. Upon said property described as Exhibit "A", BOE will replace and relocate facilities currently owned by the City on the property being conveyed to the Board (Exhibit "B"). The facilities to be replaced are as follows: 1. One lighted league sized baseball field, irrigation system, two dugout buildings, one press box, one ticket booth and bleachers for 1 00 spectators. The lighting will be relocated from the current field to the new field and re-Iamped, as necessary. 2. One lighted little league sized baseball field, irrigation system, two dugout buildings, one press box, one ticket booth and bleachers for 100 spectators. The lighting will be relocated from the current field to the new field and re-Iamped, as necessary. 3. One storagelpublic restroom building. 4. One grassed playfield approximately 60 yards wide by 100 yards long (with no irrigation system nor any lighting). 5. Asphalt topping over the existing gravel parking lot and access drive with painted lines for 70 regular parking spaces and 3 handicap parking spaces. b. Demolition and construction of the above replacement facilities will begin by November, 2007. The new City fields are to be sodded and all improvements are to be completed by April 2008, including parking lot storagelpublic restrooms. c. BOE shall be responsible for obtaining and administering all activities relating to contracting for the relocation and construction of the facilities, including without limitation: (i) Advertising and obtaining proposals for design and construction from architects, engineers, contractors and other professionals as necessary; (ii) Analyzing said proposals and awarding contracts to the appropriate persons and/or entities (the "Construction Contracts"); and (iii) Administering all Construction Contracts made pursuant to this Agreement. d. Construction work shall proceed with due diligence until completed. e. Relocation construction of the facilities is partial compensation for the property conveyance. Joint use of the facilities owned by the City, as agreed, is additional, partial compensation. Said "joint use" shall continue for 5 years from the date of this agreement, after which the BOE and City will meet to determine renewal of continued joint use. 2. Conveyance and exchane:e of 3.65 acres from City to BOE 2 a. The City will convey to the BOE that certain parcel described on Exhibit "B" attached hereto and made a part hereof. The BOE will construct all improvements on said parcel, including ball fields designed for the purpose of holding P.E. classes and student activities of Hephzibah High School. The improvements will include one baseball field and one softball field. b. As partial consideration for the conveyance, the BOE will construct certain improvements on the 13.86 acres described in Item 1 above which will be owned by the City, but may be jointly used by the BOE for P.E. classes, school activities and athletic programs based upon a scheduling and operating agreement agreeable to the parties, for 5 years from the date of this agreement, after which the BOE and City will meet to determine renewal of continued joint use. 3. Conveyance and exchane:e of 1.55 +1- acres by BOE to City for Detention Pond a. The City has completed and is in the process of completing certain drainage improvements in the Windsor Spring Road Extension area. As part of these improvements, the BOE is in the process of constructing a detention pond to deter and detain storm water from all of the property owned by the BOE and part of the property currently owned by the City. The portion of property upon which the pond is constructed which is owned by BOE will be conveyed to the City as part of this agreement. Attached hereto as Exhibit "C" is a plat dated April 9, 2007, designating that certain parcel as "Tract A" which contains 1.55 acres. This plat shows that certain property upon which the detention pond described above will be constructed is currently owned in part by the BOE and in part by the City. As part of this agreement, the BOE is conveying to the City by Quit Claim Deed, the detention pond designated as "Tract A" on said plat, which designation includes both the property owned by the City and the BOE. The City shall be responsible for operating, maintaining and repairing said detention pond. As agreed, the BOE will grant to the City appropriate access to said detention pond for maintenance and repair purposes. 4. Construction Timelines and Details a. Both the City and the BOE are currently operating outdoor classrooms, P.E. classrooms, athletic and/or recreational facilities on the tracts to be conveyed and exchanged. Accordingly, the parties will cooperate to coordinate the relocation and construction of these facility replacements and improvements so that there will be as little interruption as possible with the academic, physical education and athletic programs of the BOE and the recreational programs of the City. To that end, the following is the tentative schedule and time line to be followed: 1. The relocation of the portables is to be completed by July 15,2007. 2. New HHS baseball and softball fields will be sodded by October 1, 2007 3 to allow fields to be used by January 1,2008. 3. New playlpractice fields will also be top soiled, but the dates for sodding are not yet agreed upon. 4. The new football/soccer field will be sodded in April 2008, to allow for use for P.E. and activity uses in late August, 2008. 5. A field house, containing classrooms, will be completed on March 1, 2008, and the stadium and track completed by May 1, 2008. 6. Demolition and construction as part of the consideration to replace the current City fields at their new location on the 13.86 acres will begin by November 2007. 7. The new City fields will be sodded and completed by April, 2008, and the parking lot and other facilities as described above will be completed upon the same dates. b. This agreement recognizes that these timelines are tentative and may have to be adjusted to the mutual benefit of all parties as changing conditions exist or reqmre. c. The Project Manager for the BOE and Recreation Officials for the City met to determine key dates for this tentative schedule and the parties will remain in contact throughout construction to work together to resolve scheduling conflicts or other issues as construction progresses so that the recreational and educational programs of each party are not interrupted as little as possible during the construction phase. . 5. Other consideration a. The City through its recreation department shall allow the BOE to utilize the tennis courts located on City land adjacent to the 3.65 acres being conveyed by the City to BOE, as well as utilize parking owned by the City adjacent to the 3.65 acres, at mutual, agreeable times. Such joint use and the conditions of such joint use, will be worked out when construction is completed. Such joint use will be readdressed when needs and conflicts arise. 6. Use of Stadium Facilities 1. The School District would have the first and primary right to choose dates to utilize the stadium for extra-curricular and educational purposes. During the school year, the facility will be used for P .E. and health classes, school activities, athletic events, extracurricular activities or other educational purposes both during the school week and or weekends and evenings. The City may schedule use of the stadium subject to the dates chosen by BOE, and subject to rules and policies of the BOE. Such use of each others' properties shall for 5 years from the date of this agreement, after which the BOE and City will meet to determinc rcnewal of 4 continued joint llse. 2. Each party shall designate a contact person to coordinate the activities, events, use, costs and other business matters. 7. Immunity 1. Each party hereto, to the extent allowed by law, will indemnify and hold harmless the other for any injuries or damages that may occur during their respective use of any facility subject to this Agreement; and further subject to the right of each governmental body that is a party hereto, to raise and rely upon the defenses of governmental sovereign immunity and official immunity where appropriate, as to claims of third parties. 2. Nothing herein shall be construed as requlflng either BOE or City to purchase general liability insurance, and the parties agree, should BOE or City purchase liability insurance, or be part of a risk management plan, such entity is not waiving its sovereign immunity, or other immunity, which it or its officials and employees may have, and nothing herein shall be construed as a waiver of such immunity. 8. Assie:nments Neither party shall, without the prior written consent of the other, assign this Agreement or any interest or obligation thereunder, sublet the Stadiums or any part thereof or permit the use of the Stadiums by any other party. Any consent to one assignment or sublease shall not destroy or waive this provision, and all later assignments and subleases shall likewise be made only upon prior written consent of the other party as required herein. Subtenants or assignees of one party shall become liable directly to the other party for all obligations of the subletting or assigning party, without relieving the liability of the subletting or assigning party. 9. Default It is understood between the parties hereto that in the event of default by either of the parties during the term of this. Agreement, the other party shall have the right forthwith to give notice thereof to the party in default, same to be in writing, and if such condition of default is not removed and restored within ten (10) days after receipt of such notice, then the other party shall forthwith have the option of declaring this Agreement in default and proceeding to enforce their rights in accordance with the law. 10. Ouiet Enioyment. Ine:ress and Ee:ress Each party covenants and warrants to the other that, so long as all duties and obligations herein agreed to be performed by that other party are being so performed, that other party shall peaceably and quietly have, hold and occupy and use Stadiums during their period of primary use, or during a period of agreed upon use. 5 11. Miscellaneous. a. Notices. All notices, demands, and requests which mayor are required to be given by either party to the other shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: If intended for BOE: James F. Thompson, Interim Superintendent 864 Broad Street Augusta, Georgia 30901 If intended for Augusta: Fred Russell, Administrator Augusta, GA Eighth Floor, Municipal Bldg (11) 530 Greene Street Augusta, Georgia 30911 and Tom Beck, Director Recreation and Parks Department Post Office Box 5605 Augusta, Georgia 30916 Either party may change the address and name of addressee to which subsequent notices are to be sent by notice to the other given as aforesaid. b. Covenants Bind and Benefit Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no one shall have any benefit or acquire any rights under this Agreement pursuant to any conveyance, transfer, or assignment in violation of any of its provisions. c. Governing Law. This Agreement shall be governed by and construed according to the laws of the state of Georgia. d. Entire Agreement. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder, and no custom or practice of the parties at variance with the terms hereof 6 shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. This Agreement has been executed by the County Board of Education of Richmond County, Georgia and Augusta, Georgia by an through their authorized officials this Z () day of VV\.o...~ ,2007. COUNTY~OARD OF EDUCATION OF RICHMOND COUNTY, GEORGIA TERIM SUPERINTENDENT AUGUSTA, GEORGIA 7