Hart State Park Lease at Hartwell Lake

SUBJECT:  City of Hartwell request to lease approximately 141 acres or less for recreation development currently leased to the State of Georgia Department of Natural Resources (GADNR), known as Hart State Park.

BACKGROUND:

    a. The City of Hartwell submitted a request in January 2016, to lease an area of 141 acres more or less, currently leased by Georgia Department of Natural Resources (GADNR).  HQ USACE approved a non-standard lease template in April 2019.  City of Hartwell, through Shawn Davis (their consultant) continue to seek lease provisions to facilitate this development.  Mr. Davis’ interpretation of current Army guidance has lengthened staffing time line for this proposal.  The approved non-standard lease contains substantive language (Army compromises) to enable the proposal while still maintaining compliance with policy and what is in the government’s best interest.  These changes fall short of expectations by the consultant and Mr. Joel Katz, Chief of Staff for Congressman Collins, who remains actively engaged with this action.

     b. The remaining concerns are;  (confirmed by HQ USACE RE on 31 May 2019 as summary from 23 May 2019 meeting with Mr. Katz and HQ USACE RE/OC and OGC representatives)

          (1)  Mortgage Protection:  This also speaks to “survivability” of sub and sub-sub leases in the event of default by the Prime Lessee, language in the April 2019 lease template complies with existing policy guidance and remains in the government’s best interest.     

          (2)  Concurrent execution of Prime Lease and all sub and sub-sub leases may be obtainable, provided some process items are addressed and it is expected to extend time line to some extent.

CURRENT STATUS:   The district has no outstanding action.  HQ USACE RE has confirmed they have actions as of 31 May 2019. 

DISTRICT POC: Robert m. Jewell (912) 652-5554