Draft Smyrna Development Agreement 4.30.26
Open official source ↗ · Source page 2
2 WHEREAS, TPL desires to donate the Project to the CITY for ownership and maintenance after completion; and WHEREAS, the CITY is authorized to accept donations of trail infrastructure constructed as part of the Project in accordance with O.C.G.A. § 36-64-6; and WHEREAS, CITY desires to grant to TPL a temporary easement for access and construction on Project Site for TPL to provide for improvements for the benefit of the public, including site investigation, analysis, design, public engagement, volunteer work, tours and fundraising efforts, and construction of improvements on the Project Site (the “Site Work”) as depicted and described in Exhibit “A” attached hereto, and made a part hereof; and WHEREAS, TPL will coordinate with the GDOT to secure any right of way use permit or access agreement necessary to perform the Site Work in their right of way in order to complete the section of the Project located therein; and WHEREAS, TPL, through various agreements with contractors, and TPL’s or contractor’s agents, successors, or assigns, has arranged and will manage and monitor the Site Work at TPL’s sole cost and expense, and that the contractors shall construct and perform the Site Work at TPL’s sole cost and expense; and WHEREAS, it is the intent of the Parties that this Agreement establish the roles, responsibilities, and obligations of the Parties related to the Project. NOW, THEREFORE, the CITY and TPL enter into this Agreement for the purpose of cooperating toward the completion of the Project: 1. Fundraising. The CITY acknowledges, understands, and agrees that TPL’s obligations pursuant to this Agreement are contingent on TPL raising adequate funds to complete the design and construction of Project in addition to paying for any Project associated TPL staff time, expenses, and overhead. 1.1 TPL shall conduct all necessary fundraising activities for the Project and may conduct certain operations and/or campaigns during the term of this Agreement and on the Project Site in furtherance of fundraising for the Project. CITY will assist TPL in submission of grant applications. 1.2 TPL shall oversee the use of the funds it raises, making certain that the funds are used in a manner consistent with the Agreement and for the benefit of CITY Property. 1.3 Should TPL be unsuccessful in raising the necessary funds, TPL may, in its sole discretion, modify the design of the Project to accommodate a reduced budget or terminate the Agreement upon thirty (30) days written notice to CITY. 2. Access and Construction on Project Site. 2.1 Temporary Access Easement. CITY, for itself and for its successors and assigns, hereby conveys and grants to TPL, its contractors, agents, successors and assigns, a temporary non-exclusive easement for access (the “Access Easement”) over, under, in, along, across and upon the property described on the attached and incorporated Exhibit