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)
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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 .
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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
. .
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..
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
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NO~a:rY ?ihPlic ".r.
q~t~' NCi-:ta-rlz'ed;.--9.j9- ?~
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M~~~~~~\~s~~n~~ipires:
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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
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S Q. EXPIRES. \ V' ~
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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
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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~ ~~~
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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.
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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:: .~
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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:
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FROM: RICHMOND COUNTY, GEORGIA
TO: DEPARTMENT OF NATURAL RESOUCES
RECORDATION OF INSTRUMENT~
hi ._.
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RECORDED IN SPC RPR RECORDS: 01/09/97
DATE RECORDED IN CLERK OF SUPERIOR COURT: 12/04/96
DEED BOOI<: 5't 1
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Pc.i(~I'~ (:=.) : .1397
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to: DNR - Real Estate Unit (Suite 146)
.,7 Martin Luther King, Jr. Drive, S.W.
- Atlanta, ,GA 39334
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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
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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
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en
to
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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.
/.
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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.
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~
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-\!
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
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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.
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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::,:,: .....
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. M~'~.I~~~aj(),nr.aplr~s-'J~n~ 2!.1998 C1
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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:
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(NO~Y/'EOO:LJ.C SEAL,)
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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.
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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.
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{)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
, .
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"
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
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MY[t1eoltlffi'ls~rbn \E'xp"ires :
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(NOTAR~." OS.EA1d'A =
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SIGNE(f':",S,l\:~\ED AND
DELIVERED in the
presence of:
RICHMOND COUNTY
witness
By:
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'~NOWltB.V....S;J;'a..r.~\~ "'.;::' '.
.;_~ ~- .:~"tU~~~4'lmond County, Goo.
<.'.-r .~y ComrriTSslgn~Plres Jan. 4, 2000 ,
.~..~~..... .....__ __-f:o .''\. ;.""'-
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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 : ~
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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.
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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.
/.