Loading...
HomeMy Public PortalAboutMemorandum of Agreement - Bridges r-o-wMEMORANDUM OF AGREEMENT BY AND BETWEEN THE GEORGIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TYBEE ISLAND FOR EXECUTION OF RIGHT-OF-WAY PHASE OF PROJECT NO. 0017414 This Memorandum of Agreement is made and entered into this ("Effective Date"), by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia (hereinafter called the "DEPARTMENT"), and the CITY OF TYBEE ISLAND, a political subdivision of the State of Georgia, acting by and through its Mayor (hereinafter called the "LOCAL GOVERNMENT") (collectively DEPARTMENT and LOCAL GOVERNMENT shall be referred to collectively herein as "PARTIES" and individually as "PARTY"). WHEREAS, Project No. 0017414 has been added to the Statewide Transportation Improvement Plan to replace the existing bridge at Bull River, in Chatham County, with a two- lane bridge that includes bicycle and pedestrian improvements ("PROJECT"); and WHEREAS, the LOCAL GOVERNMENT is responsible for the funding associated with the right-of-way phase of the PROJECT (hereinafter called 'Right -of -Way Phase"); and WHEREAS, since the DEPARTMENT has primary responsibility for the planning, design, and subsequent construction and delivery of the PROJECT, the LOCAL GOVERNMENT would like the DEPARTMENT to perform the Right -of -Way Phase activities for the PROJECT; and WHEREAS, the DEPARTMENT is amenable to doing so if the LOCAL GOVERNMENT will comply with DEPARTMENT'S policy requiring the LOCAL GOVERNMENT to pay 100% of all of the Right -of -Way Phase expenses incurred by the DEPARTMENT; and WHEREAS, the LOCAL GOVERNMENT is willing to pay all the DEPARTMENT'S expenses to execute the Right -of -Way Phase of the PROJECT; and WHEREAS, the PARTIES wish to arrive at a formal understanding regarding their respective responsibilities as they relate to the implementation of the Right -of -Way Phase of the PROJECT. NOW THEREFORE, it is hereby agreed and understood by and between the PARTIES that: 1. The LOCAL GOVERNMENT shall pay all the DEPARTMENT'S expenses associated with the Right -of -Way Phase of the PROJECT in accordance with the terms of this Memorandum of Agreement. The estimated cost of the DEPARTMENT" S expenses for the Right -of -Way Phase for the PROJECT is One Million Four Hundred and Two Thousand Dollars ($1,402,000.00). Item #8. 2. Within ninety (90) calendar days of the Effective Date of this Memorandum of Agreement. the LOCAL GOVERNMENT shall remit to the DEPARTMENT the full amount of the One Million Four Hundred and Two Thousand Dollars ($1.402,000.00) as payment of the estimated Right -of -Way Phase costs ("Payment"). a. The full amount of the Payment shall be applied by the DEPARTMENT to the co incurred during the Right -of -Way Phase of the PROJECT, including, but not limi to, attorney fees (ownership verification forms, preliminary titles, closing fees, Project # 0017414, Chatham County condemnation fees, which include litigation costs); property pin replacement fees; recording fees (deeds and condemnation); appraisal fees; cost of right-of-way (whether by option, counteroffer or condemnation); relocation costs; and property management demolition costs. b. The DEPARTMENT shall have no further obligation to the LOCAL GOVERNMENT under this Memorandum of Agreement if the full amount of the Payment is not timely remitted to the DEPARTMENT by the LOCAL GOVERNMENT. c. In the event that the DEPARTMENT's expenses for the Right -of -Way Phase of the PROJECT exceed the LOCAL GOVERNMENT'S Payment; the LOCAL GOVERNMENT shall pay the DEPARTMENT'S the full cost of any additional expenses incurred. The full amount of such additional costs shall be paid by the LOCAL GOVERNMENT within thirty (30) calendar days following receipt from the DEPARTMENT of written notification of the amount that the Right -of -Way Phase expenses for the PROJECT has exceeded the Payment. d. Under no circumstances will the DEPARTMENT have any obligation to refund or reimburse the LOCAL GOVERNMENT for any portion of the Payment or any supplement thereto that has been properly expended by DEPARTMENT pursuant to the terms of this Memorandum of Agreement. 3. The PARTIES recognize and agree that it may be necessary or convenient to amend this Memorandum of Agreement so as to provide for the orderly implementation of the undertakings described herein. The PARTIES agree to cooperate fully in connection with such amendments if and as determined necessary; provided, however, that no change, modification or amendment to this Memorandum of Agreement shall be effective unless the same is reduced to writing and signed by the PARTIES hereto. 4. This Memorandum of Agreement is executed in Fulton County of the State of Georgia, and all matters pertaining to its validity, construction, interpretation and effect shall be governed by the laws of the State of Georgia. 5. Except as herein provided, the PARTIES will not transfer or assign all or any of their rights or interests hereunder or delegate any of their duties or obligations hereunder without the prior written consent of the other PARTY, which consent will not be unreasonably withheld. 6. No failure of either PARTY to exercise any right or power given to such PARTY under this Agreement or to insist upon strict compliance by the other PARTY with the provisions of this Memorandum of Agreement, and no custom or practice of either PARTY at variance with the terms and conditions of this Memorandum of Agreement will constitute a waiver of either PARTY'S right to demand exact and strict compliance by the other PARTY with the terms and conditions of this Memorandum of Agreement. 7. Each of the provisions of this Memorandum of Agreement will be binding upon and irure to the benefit and detriment of the PARTIES and their successors and assigns. 8. If any one or more of the provisions contained herein is for any reason held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this Memorandum of Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 9. This Memorandum of Agreement constitutes the entire agreement and understanding between the PARTIES hereto and replaces, cancels, and supersedes any prior agreements, understandings relating to the subject matter hereof; and all prior 2 Item #8. - Page 102 - Project* 0017414, Chatham County representations, agreements, understandings, and undertakings between the PARTIES hereto with respect to the subject matter hereof are merged herein. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.) 3 Item #8. - Page 103 - Project # 0017414, Chatham County IN WITNESS WHEREOF, said PARTIES have hereunto set their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION BY: RUSSELL R. MCMURRY Commissioner (SEAL) ATTEST: ANGELA O. WHITWORTH Treasurer Item #8. CITY OF TYBEE ISLAND BY: ' tkzv` SHIRLEY SESSIONS MAYOR (SEAL) Signed, ealed and delivered this /4 day of pr Notary Public Sharon S. Shaver Notary Public, Chatham County, GA My Commission Expires December 4, 2023 , 2022 in the (SEAL) This Agreement approved Iv the Local G,ernment, the / day of , 2022. 2 dTle an ie -�-- FEIN: 4 - Page 104 -