Hall sets April 20th deadline on old county jail

GAINESVILLE - The Hall County Commission said Monday that unless the city of Gainesville can reach an agreement with Corrections Corporation of America on the old county jail, the county would proceed with its lease purchase agreement with CCA.

The county says unless the city can reach a modified lease agreement with CCA, the prison company housing illegal immigrants in the old jail could sue the county and the city for breaching the current lease agreement if the county leases the jail to the city.

Commissioner Scott Gibbs said the county is a third party.

"We have to move forward," Gibbs said. "We have a valid contract with CCA. We've sent them (the city) a letter basically limiting their time until noon next Friday, April 20th. That gives them another of their work sessions and meetings to be able to work out something with CCA."

Gibbs said the city asked the commission to step out of the negotiations, which they did.

"If they get something worked out, that's great; if they don't then we've got to proceed," Gibbs added.

That message is contained in a draft letter to Mayor Danny Dunagan from Commission Chairman Tom Oliver.

According to the letter, the county's decision to terminate the lease would entitle CCA to recover $1.7 million in construction costs from the county. CCA has advised the county that any sale to the city would be considered a breach and termination of the 2008 lease agreement, as well as a breach of the terms of the Intergovernmental Service Agreement between Hall County and the federal Customs Enforcement Division (ICE).

CCA has also advised the county that a sale of the jail property to the city without the concurrent assumption by the city of a modified lease agreement with CCA would trigger a civil action by CCA against the city or county or both.

The letter further states that 'in view of the current circumstances' surrounding the proposed purchase of the jail by the city, the county cannot further consider the city's offer to purchase unless the city agrees to assume all liability of the county to indemnify the county for any loss or damage claimed against the county by CCA under the 2008 lease agreement and the ICE agreement.