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Home My WebLink AboutSUPPLEMENTAL AGREEMENT #1 TO LEASE FOR PUBLIC RECREATIONAL AND NAVIGATIONAL PURPOSES NEW SAVANNAH BLUFF LOCK AND DAM RICHMOND COUNTY, GEORGIA SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO.DACW21-1-09-2013 SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. DACW21-1-09-2013 FOR PUBLIC RECREATIONAL AND NAVIGATIONAL PURPOSES NEW SAVANNAH BLUFF LOCK AND DAM RICHMOND COUNTY, GEORGIA THIS SUPPLEMENTAL AGREEMENT NO. 1 is made and entered into by and between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and AUGUSTA, GEORGIA, its successors and assigns, hereinafter referred to as the Lessee. WITNESSETH WHEREAS, on July 17, 2009,the Secretary granted to Richmond County, Georgia a lease for approximately 50 acres of land for public park and recreational purposes at New Savannah Bluff Lock and Dam,beginning December 8, 2008 and ending December 7, 2018. WHEREAS, on May 13, 2014,the Secretary notified Richmond County, Georgia of a safety requirement with the deterioration of the riverside lock wall foundation; therefore,barriers, fencing and signage will be installed to halt public access to the area. The Secretary has a requirement that all operation and maintenance of the public restrictive additions will be the responsibility of Richmond County, Georgia. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations inuring unto each of the parties hereto, Lease No. DACW21-1-09-2013 is hereby amended in the following particulars,but no others, effective upon execution; Grantee name is changed from Richmond County, Georgia to Augusta, Georgia and all references throughout Lease No. DACW21-1-09-2013 are hereto changed. Condition No. 3 is hereby deleted in its entirety and replaced with the following: "3. NOTICES All correspondences and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to Augusta, Georgia, Office of the Mayor, Suite 200, Augusta, Georgia 30901; with a copy to Augusta Department of Recreation and Parks, 2027 Lumpkin Road, P.O. Box 5605, Augusta, Georgia 30916-5605; and if to the United States,to the District Engineer,Attention: Chief, Real Estate Division(DACW21-1-09-2013), 100 West Oglethorpe Ave, Savannah, Georgia 31401-3604, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service." 1 SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO.DACW21-1-09-2013 Condition No. 35 is hereby amended and the following is added: "35. SPECIAL CONDITIONS—REQUIREMENTS AND LOCK OPERATING PROCEDURES FOR ANADROMOUS FISH PASSAGE c. All operations of the locks, structures associated with the locks, and all access and use of the downstream riverside lock wall open to the public access will be closed. All access shall remain closed until appropriate corrective measures are taken to address the safety of the structure(s). d. Augusta, Georgia must operate and maintain fencing, signs, etc. for the duration of the lease or formal notice from the Chief of Real Estate stating otherwise." All other terms and conditions of the lease instrument shall remain unchanged and in full force and effect. {SIGNATURE PAGES FOLLOW} 2 SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO.DACW21-1-09-2013 THIS SUPPLEMENTAL AGREEMENT NO. 1 to Lease No. DACW21-1-09-2013 is not subject to Title 10,United States Code, Section 2662, as amended. IN WITNESS� WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this !� day of //ve._ , t'/?: ..... .,%-- IVC---- . - Robe . e ell Chief, Real Estate Division Real Estate Contracting Officer i\:jz,ed±LNik) Wit e s(1) j`, ,ff( Witness (2) STATE OF GEORGIA ) : ss COUNTY OF CHATHAM ) (14-- On this aJ day of , an , before me the undersigned Notary Stirk,._0_, Public, personally appeared Robert M. Jewell, Deputy Chief, Real Estate Division, U.S. Army Engineer District, Savannah, Georgia, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. i c k lee I . ti Not.i Public My Commission Expires: ta 1 &ck &c kS 3 SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO.DACW21-1-09-2013 THIS SUPPLEMENTAL AGREEMENT NO. 1 also executed by the Grantee this day of AUGUSTA, GEORGIA do BY: <` NAME: , Y r 2 c-1 vi off TITLE: 4/7 d r i . es. (1) itneV STATE OF GEORGIA ) : ss COUNTY OF RICHMOND ) On this 14‘. day of S(,4,\e,. ,20 , before me the undersigned Notary Public, personally appeared H ekrcj,tQ, cava ) y� , known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ' _4\ASkO4r-- Notary Public My Commission Expires: My Condon Expires May 25,2019 :N446. 4 V,•• ya SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO.DACW21-1-09-2O13 CORPORATE CERTIFICATE I 1 _f c cl . . OC\nef- (name)certify that I am the Ge(1.4 C n\ title)of AUGUSTA,GEORGIA that }rd.ti et1 \SJ.Sr: (signator of outgrant)who signed the foregoing instrument on behalf of the corporation was then ,0v OY. (title of signator of outgrant)of the corporation. I further certify that the saitl officer was acting within the scope of powers delegated to this officer by the governing body of the corporation in executing said instrument. AUGUSTA,GEORGIA nate �ry moi.i/pkv, U/ 7 ,"/,,� ,-; ��`t, % `; i ..rat �=,. ... t'git 44\� 4® ropy ar ii a Ati) R}.. Y , S :` t:. 0 . (AFFIX CORPORATE SEAL) '4 o;,ag, xs s..0 eV r ® ®` ��ORt�IP°�'�.47 7 5 7 4� DEPARTMENT THE ARMY W U.S.ARMY CORPS OF ENGINEERS,SAVANNAH DISTRICT 100 W.OGLETHORPE AVENUE a , , SAVANNAH,GEORGIA 31401-3604 June 28, 2017 47r5 Of N Real Estate Division SUBJECT: Transmittal of Supplemental Agreement No. 1 to Lease No. DACW21-1-09- 2013, Augusta, Georgia, J. Strom Thurmond Lake, Richmond County, Georgia City of Augusta Recreation and Parks ATTN: John Powell 2027 Lumpkin Road Augusta, Georgia 30906-3501 Dear Mr. Powell: Enclosed is your executed copy of the subject document which updates the lease granted to Augusta, Georgia at J. Strom Thurmond Lake, Richmond County, Georgia. Should you have any questions, please do not hesitate to contact me at (912) 652-5216. Sincerely, Jaime Patterson Realty Specialist Management & Disposal Branch Enclosure CF: Augusta, Georgia, Office of the Mayor J. Strom Thurmond Lake Project