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HomeMy WebLinkAboutBoat Ramp Reconstruction Augusta Richmond GA DOCUMENT NAME: Boce! ~mf ~c.(Y)5I-rucJ70~ DOCUMENT TYPE: ~C~~ YEAR: /99'7 BOX NUMBER: J FILE NUMBER / :J rttf 1 NUMBER OF PAGES: 35 i Lonice C. Barrett, Commissioner B. Fred Young, Coordinator -;- Georgia Department of ~atur,al Resources REAL ESTATE UNIT - Suite 146 7 Martin Luther King, Jr. Drive, S.W. Atlanta, Georaia 30334 4'04/656-5165 (FAX) 404/651-9329 January 23, 1997 RE: Boat Ramp - Savannah River (Richmond County) Mr. Larry E. Sconyers Mayor, Augusta-Richmond County Commission-Council 530 Greene Street Augusta, Georgia 30911 Dear Mayor Sconyers: Enclosed for your permanent records is a fully executed original Lease counterpart dated September 17, 1996, between the Department of Natural Resources and Richmond County relati veto boat ramp construction on the Savannah River. The Department' soriginal counterpart has been recorded in the records the State Properties Commission and in the records of the Clerk, Richmond County Superior Court, at Reel 541, Pages 1397-1407 (WIP ID 292609). A "copy" of this recorded counterpart, accompanied by the State's "Real Property Record Information Sheet" associated with this lease is enclosed. In addition, please find enclosed a fully executed original counterpart of the "Boat Ramp Operation and Maintenance Agreement" also dated September 17, 1996, associated with this boat ramp construction. The Department apprec~~;peration in this matter. B. Fred ou~ Coordinator BFY:hgl Enclosures (3) Copy to: Les Ager (w/encl.) Tom Beck, Recreation Dept. (w/encl. - via FAX) -; .. ;. 'i .f ,- {!J(((6/tfJ/}L 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 17 day of September , 19 96 by and between Richmond COUNTY, whose address is 510 Greene Street Augusta, Georgia 30911 (hereinafter referred to as "LESSOR"), and the DEPARTMENT OF NATURAL RESOURCES, acting for the State of Georgia, whose address for the purpose of this Lease is suite 1252, Floyd Towers East, 205 Butler Street, S. E., Atlanta, Georgia 30334 (hereinafter referred to as "LESSEE"). WIT N E SSE T H: WHEREAS, there is a demonstrated interest and need for access to streams and impoundments within the State of Georgia for water related iecreational purposes; and WHEREAS, LESSEE desires to lease~ a pa~cel of land to construct, operate and maintain a boat launching ramp and access area for the use of the general.public on a portion of LESSOR'S property; and WHEREAS, under O.C.G.A. Sections 12-3-5 an~ 59-16-38, LESSEE is authorized to lease land for such purposes. WHEREAS, LESSOR desires to cooperate with the DEPARTMENT in its efforts to provide recreati~nal opportunities for the people of Georgia by donating.. to the DEPARTMENT a. Lease. on a parcel of LESSOR'S property for the above-stated purposes. i . i' I Page 2 of 8. NOW THEREFORE, in consideration of the mutual benefits flowing between the parties hereto, whose receipt and sufficiency are hereby acknowledged, LESSOR hereby grants, demises and leases to LESSEE the- leasehold (estate for years) hereinafter defined, to have and to hold said leasehold with all and singular rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behalf of said LESSEE for the term herein stated. 1. PREMISES The leasehold shall be the premises described in EXHIBIT "A", and shown on the plat of survey _marked EXHIBIT "B", both of which are attached hereto and incorporated herein by reference. 2 . TERM The leasehold shall have a term commencing at 6:00 P.M. EST, on the date first above written and expiring at 8:00 A.M. EST, 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, said leasehold being intended as a gift by . . >' .. Page 3 of 8. LESSOR and LESSEE. 4 . COVENANT OF OUIET ENJOYMENT LESSOR promises and warrants that LESSEE may peaceably hold and enjoy the premises with exclusive control and possession thereof during the full term of the leasehold herein granted. 5. CARE OF THE PREMISES LESSEE accepts the premises in their present condition as suited for the use intended by LESSEE. LESSEE shall maintain the premises in good order and repair for the term of the leasehold herein granted. 6. . IMPROVEMENTS LESSEE may improve the premises with removable buildings, boat ramps and other structures and may construct roads and trails. LESSEE may also construct a fence anywhere within the premises in its sole discretion. Any improvements placed upon the premises 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. i. ~ Page 4 of 8. 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 default if it in fact has arisen. 8 . LESSOR'S LIABILITY TO RECREATIONAL USERS Nothing in this Lease is intended to diminish any protection LESSOR may have from the terms of O.C.G.A. Section 51-3-2. However, LESSEE assumes no duty to indemnify or hold LESSOR harmless in any way. 9 . TERMINATION BY LESSEE LESSEE may terminate this lease at any time upon ninety (90) days written notice to LESSOR. 10. ASSIGNMENT LESSEE may assign any right, title or interest it has under this Lease to any officer or agency, department, instrumentality or public corporation of the State of Georgia for public purposes, with or without notice to LESSOR. II. TIME OF ESSENCE Time is of the essence in this Lease. , . ., Page 5 of 8. 12. TAXES LESSOR acknowledges that the execution of this Lease does not confer 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, 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. ", Page 6 of 8. 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 I 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 purpose of identification and convenience only and 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 for the shall be Page 7 of 8. 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 himself or itself, or through 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 Agreement. 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 Agreement. 20. LEASE EFFECTIVE This Agreement shall become effective upon its due execution. ',.' Page 8 of 8. IN WITNESS WHEREOF, all the parties hereto have caused this Agreement to be executed in their names as of the date hereof. Signed, sealed, and delivered in the presence of: LESSOR: RICHMOND COUNTY ~4"~ Yl.cn" 'iJ./Yn~ NO~a:rY ?ihPlic ".r. q~t~' NCi-:ta-rlz'ed;.--9.j9- ?~ : ~: ~_'0-"""~ " . M~~~~~~\~s~~n~~ipires: . ij. - - ~-. Notal)'~l,Iblis COlum1:?ip'-CQunty, Georgia My CO~~Ii~Si6r::~xpjr~l?June 21, 1998 ~ - ..~........ .........'" ........... SIGNED, SEALED AND DELIVERED as to LESSEE in the presence of: LESSEE: DEPARTMENT OF NATURAL RESOURCES ~~.~-' Wl.tn s By ~ . Lonice Barrett . Commissioner 2_:t; .~. \~ ~ '" Notary Publl.c ""\ Date: November 25, 1996 - . ~.l.\\i~~HH~'~.~:_, . My com~~~~~~~A~xBlres: ", ~~ooOOO"UCClO.crll "~:/t~ .P'~~) ,:; ",0 nTAl.:> '. \,,) .,p (NOT iR~""R~UBLI'(Fs,EA:t.) ~( '" ''l.''.' . S Q. EXPIRES. \ V' ~ ~ GEORGIA) ~ ; \. SEPT, 25,1999 J ff ~ ...\ ./:Jr~ -<U / A f ~() ... u.tS'Ll-ooJ>> ~ -~ .~ ~k o.....CI....oo., \~ ", """,~L.B CO~\\\\\\ ""'""11'))\ " RESOLUTION WHEREAS, the Augusta-Richmond County Commission Council has considered an agreement for the lease of land, described in Exhibit "A" and shown on plat of survey marked Exhibit "B", to the Georgia Department of Natural Resources for the purpose of constructing a boat launching facility; and WHEREAS, such facilities are necessary to provide adequately for the public welfare and recreation; IT IS HEREBY RESOLVED by the Augusta-Richmond County Commission-Council that the proposed Agreement captioned "Lease to Department of Natural Resources for Boat Ramp Construction" be and the same is hereby approved and the Mayor of the Commission-Council is herewith authorized to execute, on behalf of Richmond County and the Commission-Council, referenced contract and any other related documents or papers necessary to secure such boat ramp facilities as provided therein. This /1 ~~g:J~ 1 rk ( SEAL) FEDERAL ID # 6t -J,Ji) 'f-;}7 'I CERTIFICATION I do hereby certify the above is a true and correct copy of the Resolution duly adopted by the Augusta-Richmond County Commission-Council on the date so stated in said Resolution. I further certify that I am the Clerk of the Commission- Council and that said Resolution had been duly entered in the official records of. said commissi4~Zl and remains in full force and effect th,S -it- day of _~ ~' 1996. Cl~ ~~~ ., EXHIBIT A LEGAL DESCRIPTION All that certain tract or parcel of land situate lying and being located south of the City of Augusta (Richmond County), Georgia containing 2.53 acres as shown on Bounday Survey prepared for the City Council of Augusta dated June 28, 1990 and prepared by Ayer, Graham and Associates, Inc. and being more particularly described as follows: Beginning at a 5/8" rebar set a point approximately 30' north of the centerline of the boat landing ramp (Lock and Dam Road) atthe Savannah River being the POINT OF BEGINNING; thence along the Savannah River S 100 03'05" E a distance of 337.94 feet to a 5/8" rebar set; thence S 850153'53" W a distance of 342.44 feet to a 5/8" rebar set; thence N 070 08'00" w a distance of 281.02 feet to a 5/8" rebar set; thence N07%08'OO" W a distance of 45.10 feet to a 5/8" rebar set; thence N 840 03'14"E a distance of 324.82 feet to the Point of Beginning. I () :;! () o c z () ;= o .." > C C) C III .... > I ~ ~ ~ I 342.4'" .. o $ e, '$J"3 z " ~ ~ '" N ~ & '" u. <-' > () ::0 l'1 1/1 ~ ~ ~ ~ " ~ ~ I . / L ~ , 0 ~, , 8. I ~ \ U) > ~ z z > Z AJ ~ ;0 ~ B ~ ~~ ~g ,,~ II ~ " / ~ I ~ 324.152' 15"'03""- E ~ I ~ !;j %. ..' ~ ... It I Q -i -< () o c z Q r- o .." > C g 1/1 );! I / / / ',': o. r ,:.. ~: t m o c z o > ::0 -< (J) C ::0 ;i; -< H J.IHIRXi ~ ~ o i n ~ n o ~ E=l o "'!J ~ I;) ~ ~ ! '" ~ ~ ~ ~ f;l ~ ~ ... ~ ... '" ~ g >> ;;l o g ;;! ~ ~ () =< -< ~ >> ~ >> '" 2 !I: i o 2 z ~ ~ ~ !l2 ,. VI () >> !;; . . 0. o >> ;;t ~ A '" !>> ~ o ! ~ .. ~ N I ~ ~ . r o (') ^ > z o o > ~ ;0 o > o iI r I 8~'11" zom I != !" C) o ~ ::0 Z I: IT1 Z .... I ~.. ~i "~ ~ ;0 -s I(fl' j8,1 lJ.! l~h Hl~ Ii-J i_I, I~'!! en ~'J .'f, "01 ., If :, '{ 1. !f ,,~ ~~ ~~ 0" ~!!l t r-- , - \....-:.. ~ r f? i S TAT E P R 07p E R TIE S COM MIS S I [I ~ REAL PROPERTY RECORD INFORMATION SHEET REAL PROPERTY RECORD NUMBER: 08907 SPC FILE NO.:. N/A SPC APPROVAL: ! / ATTORNEY GENERAL FILE NO.: N/A TRANSACTION CODE: LEASE AGENC'l CODE: DNF: TRANSACTION/FACILITY: LEASE WITH RICHMOND COUNUTY FOR BOAT RAMP CONSTRUCTUON ON THE S PI '.J r; f\H'4 A H F; I '..J E f~: LL. ( ':5) : DISTRICT: COl.JNTY: f~ICI~M[JND C I T\': l:::~! C F.~ E.P! G r:: .~ '-', ;:::"7'-' ~:; ,_1,_>1,_.' I N:3 T l~: U 1"\EJ.rr : I ,.-......r...: t_t:.i-1'::>C. (fJj"'" i g i an 1 ::- D{,HE OF INSTF'Uf"'IENT: 12/i7/J.'7'i'~J I_EG I SI._A 1- I IJf\): F~F.,::'=.()l '-'.t.:!. (:!n P,ct. CONS I DEf~:{.\ T ION: ~~()" (j() FROM: RICHMOND COUNTY, GEORGIA TO: DEPARTMENT OF NATURAL RESOUCES RECORDATION OF INSTRUMENT~ hi ._. I '~t..l It ~( 'bf;J RECORDED IN SPC RPR RECORDS: 01/09/97 DATE RECORDED IN CLERK OF SUPERIOR COURT: 12/04/96 DEED BOOI<: 5't 1 F>LP,! E.:OC!r:::: Pc.i(~I'~ (:=.) : .1397 Ft2~J(-.~ (s) ~ '0 o Cry to o ~l i Retqrn ~ to: DNR - Real Estate Unit (Suite 146) .,7 Martin Luther King, Jr. Drive, S.W. - Atlanta, ,GA 39334 : . i :: ~:. ~ '_ :.. ~. . I ..' . ._....J . , . , .. " :'.: C 0 I. ~j STATE OF GEORGIA COUNTY OF FULTON ktlJUIWI:U 06 DEe -4 PH I:PlJa S!fJf ~~9!lRI~~~7COMM'SS'ON ElI\!;.;': c. ,_!CJHt~SON JAN 0 'b \997 CLERK G:: S'J!'cr<IOR COURT 008-:;07 REAL PROPERTY RECORDS .. ..!. LEASE TO DEPARTMENT OF NATURAL RESOURCES FOR BOAT RAMP CONSTRUCTION . ORIGINAL REEL-RECORDED ~ REEL 541 PAGE 1397 WIP 10: 292609 THIS INDENTURE, entitled "Lease To Department of Natural Resources For Boat Ramp Construction", (hereinafter "Lease"), is made and entered into this 17 day of. September , 19 96 by and between Richmond COUNTY, whose address is ,10 Greene Street . Augusta, Georgia 30911 (hereinafter referred to as "LESSOR"), and the DEPARTMENT OF NATURAL RESOURCES, acting for the State of Georgia, whose address for the purpose of this Lease is Suite 1252, Floyd Towers East, 205 Butler Street, S. E., Atlanta, Georgia 30334 (hereinafter referred to as "LESSEE"). WIT N E SSE T H: WHEREAS, there is a demonstrated interest and need for access to streams and impoundments within the State of Georgia for water related recreational purposes; and WHEREAS, LESSEE desires to . lease a parcel of land to construct, operate and maintain a boat launching ~arnp and access area for the use of the general public on a portion df LESSOR'S property; and WHEREAS, under O.C.G.A. s~ctions 12-3-5 and 50-16-38, LESSEE is authorized to lease land for such purposes. WHEREAS, LESSOR desires to cooperate with the DEPARTMENT in its efforts to provide recreational opportunities for the people of o o en to o -J Georgia by donating. to the DEPARTMENT a Lease on a parcel of LESSOR'S property for the above-stated purposes. '. REE.L 541 PAGE 1398 Page 2 of 8. NOW THEREFORE, in consideration of the mutual benefits flowing between the parties hereto, whose receipt and suff iciency are hereby acknowledged, LESSOR hereby grants, demises and leases to LESSEE the leasehold (estate for years) hereinafter defined, to have and to hold said leasehold with all and singular rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behalf of said LESSEE for the term herein stated. L PREMISES The leasehold shall be the premises described in EXHIBIT "A", and shown on the plat of survey marked EXHIBIT "B", both of which are attached hereto and incorporated herein by reference. 2 . T.E.RM The leasehold shall have a term commencing at 6:00 P.M. EST, on the date first above written and expiring at 8:00 A.M. EST, 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 o o (Jj to o -J acknowledged by LESSOR, said leasehold being intended as a gift by ., REEL '541 P~GE 1399 Page 3 of 8. LESSOR and LESSEE. 4 . COVENANT OF OUIET ENJOYMENT LESSOR promises and warrants that LESSEE may peaceably hold and enjoy the premises with exclusive control and possession thereof during the full term of the leasehold herein -granted. 5. CARE OF THE PREMISES LESSEE accepts the premises in their present condition as suited for the use ~ntended by LESSEE. LESSEE shall maintain the premises in good order and repair for the term of the leasehold herein granted. 6. IMPROVEMENTS LESSEE may improve the premises with removable buildings, boat ramps and other structures and may construct roads and trails. LESSEE may also construct a fence anywhere w~thin the premises in its sole discretion. Any iinprovements placed. upon the premises 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. /. o o rLJ c..O o ~ " REEL 541,PAGE 1400 . . Page 4 of 8. 7. DEFAULT BY LESSEE Before LESSOR may assert any remedy for the ~lleged 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 default if it in fact has arisen. 8 . LESSOR'S LIABILITY TO RECREATIONAL USERS Nothing in this Lease is intended to diminish any protection LESSOR may have from the terms of O.C.G.A; section 51-3-2. However, LESSEE assumes no duty to indemnify or hold LESSOR harmless in any way. 9. TERMINATION BY LESSEE LESSEE may terminate this lease at any time upon ninety (90) days written notice to LESSOR. 10. ASSIGNMENT LESSEE may assign any right, title or interest it has under this Lease to.any officer or agency, department, instrumentality or public corporation of th~ State of Georgia for public purposes, with or without notice to LESSOR. 11. o o ~ c.o o -\! TIME OF ESSENCE Time is of the essence in this Lease. . , ., " REEL 541 PAGE 1401 Page 5 of 8. 12. TAXES LESSOR acknowledges that the execution of this Lease does not confer 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, required to be given, hereunder by either party to or from the other shalt 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 o o Cl' to o --J \ '. REEL 541 PAGE 1402 '. Page 6 of 8. 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 I 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 o o crJ to o ~ interpretation, it is agreed that the Court interpreting or construing the same shall not apply a presumption that the '. . " REEL 541 PAGE 1403 Page 7 of 8. 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 himself or itself, or through his or its agent, prepared the same, it being agreed that the agents and counsel of all parties hereto have participated iri 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 Agreement. 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 Agreement. 20. LEASE EFFECTIVE This Agreement shall become effective upon its due execution. o o Cl) to o ~l REEL 541 PAGE 1404 Page 8 of 8. IN WITNESS WHEREOF, all the parties hereto have caused this Agreement to be executed in their names as of the date hereof. signed, sealed, and delivered in the presence of: LESSOR: RICHMOND COUNTY dMJ~ witness. .y::,:,: ..... ,.' ,~~~:7;;~;~~~j~~ie";~i;. ..\ XL II j t/ I, '.. "i;"-' . , : . : . . . \ \ .,.:: ~.'." I;" ,::, '-.: .'~.; <;....~ Nota.r . ~rc of-'.- ''-'';':''i'" ., D:i:l.:f~ ~,' g~ari?~Q.<tq~~jqtq~ .':'>'- ~~ ~~.~~~~~:~.:::.~~;~~ .:~ ~ '.:;'::)r:-~.:","> ~:.~~J~~~.~')U~~-ie~~,~~x;p\~es : ~~~~~tV;F~lC: C.QI).I~~~ 'c.ou~. ~',:G~r~ia . M~'~.I~~~aj(),nr.aplr~s-'J~n~ 2!.1998 C1 )'~/;;~y~~r:~~:.;,~~~ "~ ;.'-: :-;",,' SIGNED, SEALED AND DELIVERED as to LESSEE in the presence of: LESSEE: DEPARTMENT OF NATURAL RESOURCES ~ ..:fl.. .~ ~~ loA . ' Notary Public Jy ~.' .- .. ; Lonice Barre~ I Commissioner , 1 I Date: November 25, 1996 ~d fft~~u Wltn 55 MY.Co~mission Expires: ~,'>::~~~::~'..;: ~~'~:. . .# . (NO~Y/'EOO:LJ.C SEAL,) 5 !J;.:(' G~~':::":~;" ,.i ~ :: -.i:!JUL'.\..lil..;.!~. - ",' " ~ :: S-=?T 25 1~~ I ~. ~ .~.t 'I~: t ~ ." t" .,- \ ... '-' A.... ~r,....,1 \V... I..... $ ~r'. ~ '-I^-.. ".0 u.o J,.J ._4' ...i" .:,~' ~'.l "~ ,\1\,-. ........... ~ ,,-- ,~'! :~.. ",,",,(jLS CO \\., ~~.;, """'IJII IlIl\\\\\\ . r::::i.':1 o o ~ c.o o ~ ." '. REEL 541 PAGE 1405 RESOLUTION WHEREAS, the Augusta-Richmond County Commission Council has considered an agreement for the lease of land, described in Exhibit IIAII and shown on plat of survey marked Exhibit "B", to the Georgia Department of Natural Resources for the purpose of constructing a boat launching facility; and WHEREAS, such facilities are necessary to provide adequately for the public welfare and recreation; IT IS HEREBY RESOLVED by the Augusta-Richmond County Commission-Council that the"proposed Agreement captioned "Lease to Department of Natural Resources for Boat Ramp Construction" be and the same is hereby approved and the Mayor of the Commission-Council is herewith authorized to execute, on behalf of Richmond County and the Commission-Council, referenced contract and any other related documents or papers necessary to secure such boat ramp facilities as provided therein. This 17 day of September, Q county~ AT. TEST " /.Il/~.M., /!!1~~ ( SEAL) FEDERAL ID # Sf-)/()c.f - J-1'1 CERTIFICATION I ,do hereby certify the above is a true and correct copy of the Resolution duly adopted by the Augusta-Richmond County Commission-Council on the date so stated in said Resolution. I further certify that I am the Clerk of the Commission- Council and that said Resolution had been duly entered in the . official records of said Commissio -C un il and remains in full force and effect this -L.1.- day of , 199. o o GO to o ~ ." " EXHIBIT A REEL 541 PAGE 1406 LEGAL DESCRlPTION All that certain tract or parcel of land situate lying and being located south of the City of Augusta (Richmond County), Georgia containing 2.53 acres as shown on Bounday Survey prepared for the City Council of Augusta dated June 28, 1990 and prepared by Ayer, Graham and Associates, Inc. and being more particularly described as follows: Beginning at a 5/8" rebar set a point approximately 30' north of the centerline of the boat landing ramp (Lock and Dam Road) at the Savannah River being the POINT OF BEGINNING; thence along the Savannah River S 100 03'05" E a distance of 337.94 feet to a 5/8" rebar set; thence S 850J53'53" W a distance of 342.44 feet to a 5/8" rebar set; thence N 070 08'00" w a distance of 281.02 feet to a 5/8" rebar set; thence N07%08'OO" W a distance of 45.10 feet to a 5/8" rebar set; thence N 840 03' 14" E a distance of 324.82 feet to the Point of Beginning. : ,....-... .. '.. ,'. EXHIBIT "A" ...'0.<." o rn to o ~ J:IRIlIX4 ..9:.. ~ i ~ 9661 J30 to 030~OJ3~ Wdt~;10 l~ 9661 J30 to O~OJ3~ ~O~ 03lI~ l~nO~ ~OI~3dnS ~~3lJ A1NnOJ aNOWH)I~ (~~ E . i I n ::; -< n o c z n F o .... > c g III -l > I '" o g !( . . ~ ~ e ~ . !" UI .... > n :<l ,., III 342..... ~~~3a " 'G ~ ~ ~ ~ ~. ;~ ,,~ ~ \ - ~ . 2. . 8, r \- '= ;. .. \ ~ o 0') (lJ o o VI >- ~ z z >- :I: :!! j!i\ ::0 - i;. / ~ . E ~ 314.8:1' &4"3"\4 "" ~ r ~ tII o c:: z c > .:;U -< (/) c:: :;u ~ -< ~ i " i n o "'!I :.. c:: I;) c:: to ! " ~ i " ~ ~ }> f;l i ~ ~ ." ~ ~ ~ ~ :>- ;;l '0 @ 5! li1 ~ 9 ~ li1 :>- c g ~ :>- :<l 2 J:: ~ c 2 z ~ f;l i ~ > '" g I . q '0 :>- ;;l ~ z '" N l" '" '" o ~ i D ~ . ;; .~ ~ i F f;l Ii ~ N , N - r- o (") ^ >- z o o >- ~ ::0 o >- o - .. lil N it I n ~ n o c z Q r- o ... > c C"l C III > I I / / n r I ~ _"T I C jn C"l o ~ :<l :z r ,., :z ..... I ~" ~i D~ !( " .. -I -I ftf(f J~ r or!, lUt 1, ! I'll .\ J b~l )'"' l~~! ~lJ ~{! J..i "( If 'I h 'I 2. ~i ., .~ \ I. " !'.: . ~. .~ . ..' .~: J~.~ .. H I.IHIRx-a. ltf; l33~ 3:J~d l0tl "j; ,;" ....z -, ~~ ~f :.. .". .. ~. ,';"" -. . I {)tC(G/MIJL STATE OF GEORGIA COUNTY OF FULTON BOAT RAMP OPERATION AND MAINTENANCE AGREEMENT THIS INDENTURE, entitled "Boat Ramp Operation and Maintenance (hereinafter "Agreement") is made and enter.ed day of -sr~k into this Agreement" , /7tf , 19~, by and between RICHMOND COUNTY, Georgia, whose address is (hereinafter referred to as "COUNTY") and the DEPARTMENT OF NATURAL RESOURCES whose business address is suite 1252, Floyd Towers East, 205 Butler Street, S. E., Atlanta, Georgia 30~34 (hereinafter referred to as "DEPARTMENT"). WIT N E SSE T H: WHEREAS, there is. a demonstrated interest and need for additional access to streams and impoundments within the State of Georgia for water related recreational purposes; and WHEREAS, it is considered that water related recreational opportunities can' be most effectively increased by the construction and operation of additional public boat launching ramps and water access areas through cooperative efforts of the DEPARTMENT and several COUNTIES; and WHEREAS, the DEPARTMENT is authorized pursuant to O.C.G.A Section 12-3-5 to enter into cooperative agreements and leases of real property for any of.the services or responsibilities vested in the DEPARTMENT, including the developing of public boat ramps; and i. .. Page 2 of 6 WHEREAS, at its duly called meeting held on Sept. 17 19 96 the governing body of RICHMOND COUNTY has voted to enter into this Agreement and obligate the COUNTY to the terms and conditions provided herein; and WHEREAS, the duly authorized representatives of the DEPARTMENT and the COUNTY have pledged their desire for such action. NOW THEREFORE, this Agreement is made and entered into, the parties hereto mutually covenanting and agreeing as follows: (A) The COUNTY shall generally be responsible for arranging with landowners for the State of Georgia to acquire by donation either fee simple title to, or a leasehold of not less than twenty-five (25) years in, parcels of land not exceeding three (3) acres each, which have been previously selected and agreed upon by the parties as being suitable for the herein intended purposes. (B) The COUNTY agrees to provide a plat of survey of each parcel acqUired for the herein intended purposes suitable for recording in the county records, regardless of whether such parcel was acquired through efforts of the COUNTY or the STATE on its own initiative. A copy of each plat shall be attached to the DEPARTMENT'S copy and the COUNTY'S copy of this agreement at the time of acquisition and thereby _shall become incorporated by reference and a part of this Agreement. Any parcels so acquired shall be hereinafter referred to severally as "Premises". (C) This Agreement covers, relates to and is effective in , . i' " Page 3 of 6 respect to a parcel of land in RICHMOND COUNTY, GEORGIA on the Savannah River below the New Savannah Bluff Lock and Dam. (D) The COUNTY agrees to be responsible. for marking the boundaries of the Premises. (E) The COUNTY agrees to be responsible for providing public access to the Premises. THE PARTIES HERETO FURTHER AGREE that the following shall cover, relate to, and be effective in respect to the Premises for the term hereof: (F) The DEPARTMENT agrees to construct a boat launching ramp and suitabiy develop a portion of the Premises for parking motor vehicles with boat trailers; provided however, that the DEPARTMENT shall construct such boat launching ramp and all improvements to real property held in less than fee simple such that any such improvements may be removed by the DEPARTMENT at the end of the term hereof. (G) The DEPARTMENT shall be responsible for the. project's compliance with law, particularly, but not limited to the jurisdiction of the U. S. Army, Corps of Engineers, and State and Federal Environmental Protection Agencies. (H) The DEPARTMENT shall erect a sign on the Premises which acknowledges the participation of the COUNTY, the Federal Aid in Sport Fisheries Restoration program, and the DEPARTMENT. (I) The COUNTY agrees to provide and suitably maintain an all-weather, public access road to the Premises. (J) The COUNTY agrees to provide for periodic inspection of -, Page 4 of 6 the Premises and to remove trash and litter therefrom and grade the parking area as needed. (K) The COUNTY agrees.to perform any needed routine light maintenance which enhances the appearance or usefulness of, or local pride in, the facility. eL) The DEPARTMENT shall periodically inspect the facility to insure compliance with Federal funding rules and regulations. (M) The DEPARTMENT shall be responsible for any needed repairs to the boat ramp and signs. eN) The DEPARTMENT shall be permitted to remove all improvements to the Premises which have been provided by the DEPARTMENT upon the termination of this Agreement. (0) If the need arises, the COUNTY agrees to remove any silt which is causing the boat ramp to be in any unsatisfactory condition. (P) The parties hereto do mutually covenant and agree that the herein referenced boat ramp, parking area and any other facilities constructed or placed upon the Premises shall be operat~d and maintained for the recreational pleasure of the general public without charge. eQ) 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 25th anniversary of the date aforesaid. (R) In the event either of the parties hereto is not in compliance with any of the provisions of this Agreement and . . Page 5 of 6 has failed to correct the non-compliance within thirty (30) days after receiving written notice thereof, the other party may terminate this Agreement by giving written notice to the party not in compliance. Termination for non~compliance will not preclude the enforcement of any rights under this Agreement. (8) 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. . , '. Page 6 of 6 IN WITNESS WHEREOF i 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 ~jj: ;// 4"" ~ Wltne s BY:.~ Lonice Bar tt Commissioner Date: November 25, 1996 ..Q "",,,,,, ;'ir"!1 "O::.~.\::\ 1>. l-.~~" "'''i, ... ". --... ~,..,.....~ .. N otra.lf.YJ""~u'b hi-C: "}o"':;, MY[t1eoltlffi'ls~rbn \E'xp"ires : .. K cJU"lnt;;...., \ .. (NOTAR~." OS.EA1d'A = = ! lir!!i n.u...~ = ; \ SEPT. 25. 1999 ff \. A'-..-Pt'rn\;'\V P~j ~ V~ ... v ~ 00" ___~ ~, ", "... L,... oOonoeollo. .., ~ " "'1 rl,q L R r.OV,," SIGNE(f':",S,l\:~\ED AND DELIVERED in the presence of: RICHMOND COUNTY witness By: rYfll >,,,~l:. rf (!CI+CIiCM."SS,'f)1'1 - eD~e; { 0. arV.P'cl ..IC ~ ... ;~'\_c. . ... ~ . ~y :COIlUJl~Ss J.~n~ ~}p~plreS : ~ '~NOWltB.V....S;J;'a..r.~\~ "'.;::' '. .;_~ ~- .:~"tU~~~4'lmond County, Goo. <.'.-r .~y ComrriTSslgn~Plres Jan. 4, 2000 , .~..~~..... .....__ __-f:o .''\. ;.""'- -'-.::~~,~~:~~.~~ ~:;>. RESOLUTION WHEREAS, the Augusta-Richmond County Commission Council has considered an agreement for the operation and maintenance of a boat ramp to be constructed by the Department of Natural Resources and WHEREAS, such facilities are necessary to provide adequately for the public welfare and recreation; IT IS HEREBY RESOLVED by the Augusta-Richmond County Commission-Council on the 17th day of September, 1996, that the proposed Agreement captioned "Boat Ramp Operation and Maintenance Agreement" be and the same is hereby approved and the Mayor of the Commission-Council is herewith authorized to execute, on behalf of Richmond County and the Commission-Council, referenced contract and any other related documents or papers necessary to secure such boat ramp facilities as provided therein. f1, This ~ - day of October, M or County ;)TES : ~ 'IJ) ~ C k (SEAL) FEDERAL ID # .5 g ...tI~ lJ If ~?f CERTIFICATION I do hereby certify the above is a true and correct copy of the Resolution duly adopted by the Augusta-Richmond County commission-Council on the date so stated in said Resolution. I further certify that I am the Clerk of the Commission- Council and that said Resolution had been duly entered in the official records of sa~~missio C unc'l n ~mains in full force and effect this ~~ay , 19 6. . u '. EXHIBIT A LEGAL DESCRIPTION All that certain tract or parcel of land situate lying and being located south of the City of Augusta (Richmond County), Georgia containing 2.53 acres as shown on Bounday Survey prepared for the City Council of Augusta dated June 28, 1990 and prepared by Ayer, Graham and Associates, Inc. and being more particularly described as follows: Beginning at a 5/8" rebar set a point approximately 30' north of the centerline of the boat landing ramp (Lock and Dam Road) at the Savannah River being the POINT OF BEGINNING; thence along the Savannah River S 100 03'05" E a distance of 337,94 feet to a 5/8" rebar set; thence S 850J53'53" W a distance of 342.44 feet to a 5/8" rebar set; thence N 070 08'00" w a distance of 281.02 feet to a 5/8" rebar set; thence N07%08'OO" W a distance of 45.10 feet to a 5/8" rebar set; thence N 840.03'14" E a distance of 324.82 feet to the Point of Beginning. " " . . I Q =< (") o c: z .(") ;= o ...., > c: C) c: VI -I > I z o ~ & ,. ~ i ~ m il ~ e ~ . !" 1JI VI > (") ::0 ,., VI J.42.404' ~ ~ ~ ~ ~ ~m ~~ i~ l\ . E . I L ~ , " ~. , 8, \~ \ E :. III )>- ~ Z Z )>- :J: ~ ~ :;0 " ./ ~ . E ~ 314.82' 8"'03".' "- l\ i ~ ;." ill ~ I (") ~ (") o c: z Q ,... o ... > c: C) c: VI ;: I I / / ~ . i. .,' Ir.' .. ' .l. ~. ~ . " ~ L~' 'I~~ ":"-., . m o c z o :> :;:0 -< (/) c :;:0 r;; -< ~ i g n ~ n o ~ E::l o "!I ~ ~ c:= CO o-i > i ~ ~ ~ >- ~ ;: ~ Iii ~ ~ " ~ ~ -< g ,. ;;l '" ~ ;z: ~ ~ g -< !;l ,. g V> ,. ;lll 2 E: ~ o 2 z ;t ~ o '" g >- V> n '"" ... I .. q '" ,. ;;l ~ i!i ... !>' <D <D '" ~ i .. ~ ~ !: , ;; r o (") ^ )>- Z o o )>- :il: :;0 o )>- o u r I ~"1~ m;:r I != !fl C) o ~ ::0 Z 3:: IT1 Z -I I ~,. ~!i' o~ . . " ;0 · -I f'f{l JP,I lJ., l;ft "ll '\1, b.1 1,1. (r!! pli ~'l .'f. "01 " If .i if I: .J - .~ . H J.IHIHX:![, . .. RECREATION AND PARKS DEPARTMENT 2027 LUMPKIN ROAO P.O. BOX 5596 AUGUSTA. GEORGIA 30916-5596 THOMAS F. BOYLES Director (706) 796-5025 September 11, 1996 Mr. Jim Wall Attorney Augusta-Richmond County, Georgia 530 Greene Street Augusta, Georgia 30911 Dear Jim, Enclosed you will find the necessary documents pertaining to the arrangement for boat ramp repairs at the Bush Field ramp on the Savannah River between the Georgia Department of Natural Resources and Augusta-Richmond County, The lease 'document enables DNR to come in and spend state funds for the construction and the Operation and Maintenance agreement places the day to day responsibility back to us, I have also enclosed Exhibit A and Exhibit B as per their instruction, which is the Boundary Survey and legal description of the property, Please let me know if you have any questions on the project. If not, please process through the Commission as soon as possible in order for DNR to start their work on the ramp, Thank you for your attention to this matter. Sincerely, /Z 6d Tom Beck Assistant Director Augusta-Richmond County Recreation and Parks Department '. .. SAVANNAH RIVER BOAT RAMP - BUSH FIELD " All that tract or parcel of land, with improvements thereon, situate, lying, and being in the City of Augusta-Richmond County, Georgia consisting of approximately 2.53 acres and more particularly described in the real estate records in the office of the Clerk of Superior Court of Richmond County in Real 338, pages 142-147. /.