Draft Smyrna Development Agreement 4.30.26
Open official source ↗ · Source page 3
3 “A” and referred to as the Project Site, solely and for the lawful purposes of public engagement, volunteer work, tours, and fundraising efforts, site investigations, planning and the construction, installation, and maintenance, if necessary, of the Site Work. 2.2 Temporary Construction Easement. CITY, for itself and for its successors and assigns, hereby conveys, and grants to TPL, its contractors, successors, and assigns, a temporary, non-exclusive construction easement (the “Temporary Construction Easement”) over, under, in along, across and upon the Project Site, described in subsection 2.1 above, for use in the construction of the Site Work and other construction purposes reasonably related to the construction of the Site Work. Prior to the commencement of the Temporary Construction Easement, TPL shall have access to Project Site during normal business hours to conduct all studies, tests, examinations, and surveys necessary to plan, design, and construct the Site Improvements. The Temporary Construction Easement shall encumber the entire Project Site. Prior to the commencement of the Site Work, the final plans for all intended improvements will be approved by the CITY. 2.3 Site Work in the GDOT Right of Way. TPL will coordinate directly with GDOT to obtain permission to perform Site Work in their right of way, including but not limited to, securing right of way use permits. The CITY agrees that upon completion and acceptance of the Site Work, the city shall take ownership of the Project improvements and take over all obligations and responsibilities for maintenance, repair, and management thereafter. 2.4 Approval of Site Work. TPL, at its own cost and expense, shall complete site investigation, planning, and design for the trail and associated construction and improvements across the Project Site. Prior to the commencement of any of the Site Work, the CITY shall have approved all final plans for the intended improvements within twenty-one (21) days of submission by TPL. Such plans will utilize the Chattahoochee Riverlands Design Guidelines, located on website: https://www.chattahoocheeriverlands.com/wp-content/uploads/2022/06/Riverlands- Design-Guidelines-Part-01.pdf and will be done in accordance with those guidelines. A hard copy of the Guidelines was delivered to CITY prior to the execution of this Agreement. 2.5 Completion of Construction/Acceptance by CITY. Upon completion of all Site Work, the CITY will have thirty (30) days, unless extended in writing by the Parties, to inspect the Site Work to raise any objections or concerns. Once all reasonable objections and concerns are resolved, the CITY and TPL shall execute the Final Acceptance of Improvements and Assignment of Warranty (Final Acceptance Document) attached hereto as Exhibit “B” and CITY shall accept ownership of the Site Work improvements and shall take over all obligations and responsibilities for maintenance, repair, and management thereafter. 2.5 Term of Easement. The Temporary Access Easement and the Temporary Construction Easement (Collectively, “Easements”) shall commence on the Effective Date of this Agreement and shall run with the land and continue in full force and effect until such time as the CITY accepts all of the improvements at the Project Site. Upon the expiration of the term of the Easements, all of the rights and benefits of TPL in, to and