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Home My WebLink AboutMEMORANDUM OF UNDERSTANDING & RESOLUTION TO ACCEPT HEPHIZIBAH //CARROLL PARKMEMORANDUM OF UNDERSTANDING This Memo andum of Understanding hereinafter "Memorandum ") made this day of 1 , 20 , by and between AUGUSTA, GEORGIA, as a political subdivision of the St. - of Georgia (hereinafter referred to as "Augusta, Georgia" or "Augusta "), as Party of the First Part, and CITY OF HEPHZIBAH, as a political subdivision of the State of Georgia (hereinafter referred to as "City of Hephzibah" or "Hephzibah "), as Party of the Second Part. WHEREAS, by an Agreement dated May 15, 1986 Augusta, Georgia and City of Hephzibah agreed that a Community Center should be established and constructed; and WHEREAS, pursuant to the 1986 Agreement, Augusta, Georgia provided the land and labor for the construction of the Community Center, and paid Thirty -Five Thousand ($35,000.00) Dollars for the construction of the Community Center; WHEREAS, City of Hephzibah was billed for the costs of the Community Center exceeding the $35,000.00 and in July 1987 submitted a check for $55,000.00 for its part of the joint venture; WHEREAS, City of Hephzibah has provided and continues to provide water services, street lights, and maintenance to the Community Center; WHEREAS Augusta, Georgia and City of Hephzibah agree that it would be in the best interest of the their citizens to transfer title of Carroll Community Center and Park to City of Hephzibah subject to the conditions contained in this agreement; WHEREAS Augusta, Georgia and City of Hephzibah desire to enter into this Memorandum of Understanding setting forth the general and basic terms, conditions, services, rights, duties, and obligations with respect to the Carroll Community Center and Park. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both Parties agree as follows: (a) PURPOSE 1 i The purpose of this Memorandum of Understanding is to provide for the conditions whereby Augusta, Georgia transfers the title of the Carroll Community Center and Park to Hephzibah, Georgia, and to provide specific events by which the title of the property will revert back to Augusta, Georgia. (b) UNDERSTANDING Augusta, Georgia and Hephzibah, Georgia do hereby agree to the following: (1) Augusta will transfer title to the Carroll Community Center and Park to City of Hephzibah subject to the following conditions. (i) The park properties are accepted in "As Is" condition. (ii) The Carol Community Center shall be maintained as a public community center and shall be used for governmental purposes only. (iii) The City of Hephzibah shall be solely responsible for all maintenance, improvements, upkeep, expenses and utilities of Carol Community Center and Park. (iv) The City of Hephzibah shall adopt rental procedures providing for the rental of the Community Center on a "first -come, first - serve" basis and shall publish, and follow said procedures to ensure fair and equal access to the facility. (v) The property shall revert to the consolidated government of Augusta, Georgia in the event that either of the following occurs: (A). City of Hephzibah ceases to use the facility for governmental purposes; or (B). City of Hephzibah attempts to convey the property to any other person, partnership or corporation (unless taken by another governmental entity by condemnation or such conveyance is consented to by Augusta, Georgia). 2 (c) (vi) In the event of reversion of the property back to Augusta, Georgia pursuant to paragraph (1)(v) above, the property shall be appraised to determine its fair market value and Augusta, Georgia shall pay the City of Hephzibah for any increase its fair market value beyond the value of such property on the date of this Resolution. (vi) In the event the property is re- acquired by Augusta, Georgia for any reason other than the City of Hephzibah ceasing to use it for governmental purposes or attempting to convey the property inconsistent with sub- paragraph (v) above, the City of Hephzibah shall be entitled to receive from Augusta, Georgia 100% reimbursement for any and all capital improvements made to the property by the City of Hephzibah. (vii) Hephzibah shall accept the foregoing conditions and transfer of property by official resolution prior to the closing of the transfer of the properties. TIME /TERMINATION This Memorandum will remain in effect, throughout the duration of time that City of Hephzibah keeps title of the properties. (d) MISCELLANEOUS (1) This Memorandum of Understanding shall be executed in duplicate, so that both Augusta and City of Hephzibah will each have an original executed Memorandum, either of which may be considered the original. (2) This Memorandum of Understanding shall be controlled by and construed in accordance with the laws of the State of Georgia. (3) Any notice given under this Memorandum shall be deemed given when provided in writing to the following persons: TO AUGUSTA, GA: 3 The Augusta, Georgia Commission Attn: Administrator Fredrick L. Russell Room 801, Municipal Building 530 Greene Street Augusta, Georgia 30901 With a copy to: Director of Augusta, Georgia Recreation, Parks, & Facilities Department PO Box 5605 Augusta, Georgia 30916 TO CITY OF HEPHZIBAH: City of Hephzibah Attn: Commission Chairman PO Box 250 Hephzibah, Georgia 30815 -0250 With a copy to: Victor Hawk Hephzibah City Attorney 338 Telfair Street Augusta, GA 30901 This Memorandum of Understanding is the entire agreement between the parties, and may not be amended, except by a writing executed by both parties. IN WITNESS WHEREOF, Augusta and Hephzibah have caused the execution of this Memorandum of Understanding by and through their respective duly elected officers, with their respective seals being affixed hereto. [SIGNATURES ON FOLLOWING PAGE] 4 NOTARY PUBLIC << State of Georgia My Commission Expires: 1,00■11-1-1 2/ )1M Q r e' •►, Attest: I pT4 r Richmond County, State o ■■• NOTARY PUBLIC My Commission Expires: " >sion Expires On Decem 1701, $1, County, AUGUSTA, GEORGIA Attest: 5 B y : -- ` enhaver David S. Cop PI Mayor F HEPIAI CITY Bv: e 1 ' �'- i obert J. tz Commission Chairrn As Its: Clerk ItOS m id CITY OF HEPHZIBAH Resolution to Accept Hephzibah/Carroll Park Whereas, the City of Hephzibah upon consideration by the Hephzibah City Commission and their signature on January 7, 2013, hereby accepts the ownership and control of Hephzibah /Carroll Community Center and Park under the terms and conditions of the attached Memorandum of Understanding. Such conditions include: A. The park properties are accepted in "As Is" condition. B. The Hephzibah /Carroll Community Center shall be maintained as a public community center and shall be used for governmental purposes only. C. The City of Hephzibah shall be solely responsible for all maintenance, improvements, upkeep, expenses and utilities of Hephzibah /Carroll Community Center and Park. D. The City of Hephzibah shall adopt rental procedures providing for the rental of the Community Center on a "first -come, first - serve" basis and shall publish, and follow said procedures to ensure fair and equal access to the facility. E. The property shall revert to the consolidated government of Augusta, Georgia in the event that either of the following occurs: 1. City of Hephzibah ceases to use the facility for governmental purposes; or 2. City of Hephzibah attempts to convey the property to any other person, partnership or corporation (unless taken by another governmental entity by condemnation or such conveyance is consented to by Augusta, Georgia). F. In the event of reversion of the property back to Augusta, Georgia pursuant to sub - paragraph 1 or 2 of paragraph E above, the property shall be appraised to determine its fair market value and Augusta, Georgia shall have the first option to pay the City of Hephzibah for any increase in its fair market value beyond the value of such property on the date of this Resolution. Augusta, Georgia shall exercise this option within 120 days of written notice from the City of Hephzibah of its intent to cease use of said property as identified in sub - paragraph 1 or 2 of paragraph E above. In the event Augusta Georgia fails to exercise the first option as stated above, the City of Hephzibah shall have the right to sell, lease or otherwise convey said property at its sole discretion to any person, partnership, corporation or entity. G. In the event the property is re- acquired by Augusta, Georgia for any reason other than the City of Hephzibah ceasing to use it for governmental purposes or attempting to convey the property inconsistent with sub - paragraph 2 of paragraph E above, Augusta, Georgia shall have the first option to pay the City of Hephzibah 100% reimbursement for any and all capital improvements made to the property by the City of Hephzibah. Augusta, Georgia shall exercise this option within 120 days of reacquiring the property. In the event Augusta Georgia fails to exercise the first option as stated above, the City of Hephzibah shall have the right to sell, lease or otherwise convey said property at its sole discretion to any person, partnership, corporation or entity. NOW THEREFORE BE IT RESOLVED, that the City of Hephzibah does hereby accept the Hephzibah /Carroll Community Center and Park upon acceptance of this Resolution by Augusta, Georgia and mutual execution of the Memorandum of Understanding attached hereto as Exhibit A. A. Frank Williams Joseph B. Boulineau > C , ad Thomas A. Alley '�iss C. Dozier