HomeMy WebLinkAboutGas Main and Pipeline Relocation Agreement
Augusta Richmond GA
DOCUMENT NAME: C1a5 f'YKlin anol Pi1~c hne
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DOCUMENT TYPE: AY'~
YEAR: \qqq
BOX NUMBER: Q
FILE NUMBER: ,013 J
NUMBER OF PAGES:
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GAS MAIN AND PIPELINE RELOCATION AGREEMENT
This Agreement, entered into this 71'11 day of 0,-10 'i3E/l. , 1999, by and between
Augusta-Richmond County hereinafter referred to as OWNER, and Atlanta Gas Light Company,
hereinafter referred to as Company,
WITNESSETH:
WHEREAS, the Company owns a natural gas pipeline located in an easement in Augusta-
Richmond County, Georgia; and
WHEREAS, OWNER has entered into an Encroachment Agreement with Company to
encroach on Company's easement; and
WHEREAS, OWNER has obtained a separate easement from the owner of the property;
and
WHEREAS, OWNER desires to contract with the Company for the relocation of the
Company's natural gas main and pipeline;
NOW THEREFORE, in consideration of the mutual benefits to be derived therefrom, it is
mutually covenanted and agreed that the Company will relocate its natural gas main and pipeline
in accordance with the terms and conditions of this Agreement.
1. The Company agrees to relocate, at OWNER's sole cost and expense, approximately
forty feet of its four-inch, high-pressure steel natural gas pipeline located in a ~ompany-owned
easement along Willis Foreman Road, in Augusta-Richmond County, Georgia, as shown as the
existing gas line (Existing Gas Main) on the plat labeled Exhibit A, which is attached hereto and
inwrporated herein (the Work), The Company will install its new main and pipeline, Proposed
Gas Main, in its existing easement below OWNER's encroachment.
2. The Existing Gas Main will be removed by the Company, or to the extent feasible,
~ abandoned in place, OWNER understands and agrees that the Company will not remove the
Existing Gas Main. The Proposed Gas Main shall be the exclusive property of the Company,
3, OWNER agrees to pay to Company the total estimated cost of the Wprk in full and in
advance of the Company's ordering materials o'r commencing the Work. The total cost of the Work
is estimated to be $ 10,666.00,
4, In the event that the actual total cost of the Work exceeds the estimated cost referred to
above, OWNER agrees to pay the Company all such additional cost within 10 days of receipt of the
Company's invoice. Should the actual total cost amount to less than the estimated cost, the
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Company shall refund the difference between the actual and estimated cost to OWNER within 45
days of the completion ofthe project.
5, The Company will order materials and commence the Work upon (1) receipt of
OWNER's payment, and (2) receipt of a fully executed Encroachment Agreement described in
above, The Company will proceed with the Work on a schedule determined by the Company, in its
sqle discretion,
6, To the fullest extent permitted by law, OWNER shall defend, in~emnify and hold
harmless the Company, its successors and assigns, and its employees, against any and all, and all
manner of losses, costs, expenses, damages, and fines or penalties, including, without limitation,
reasonable attorneys' fees, which the Company, its successors and assigns, and its employees,
suffer or incur as a result of any claim, demand, suit, action, cause of action, investigation, or
judgment made or obtained by any individual, person, firm, corporation, OWNER employee, or
governmental agency in connection with, arising from, or in any manner related to the Work.
OWNER further agrees to indemnify, defend and hold harmless the Company from any loss, cost
or damage incurred by OWNER as a result of the Work.
Provided, however, that OWNER shall not be responsible to defend, indemnify or hold
harmless the Company for losses or damages caused by or resulting from the sole negligence of
the Company, its agents or employees,
7, It is understood and agreed by the parties hereto that if any part, term or provision of
this Agreement is by the courts held to be illegal, unenforceable, or in conflict with any law of
the State where made, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, or provision held to be invalid,
8. This Agreement shall be interpreted, construed and governed by and in accordance
with the laws of the State of Georgia.
9. This Agreement shall notbe assigned, in whole or in part, without the prior written
consent ofthe Company, The duties, obligations, rights and remedies under this Agreement are
in addition to and not in limitation ofthose otherwise imposed or available by law,
10, The parties hereto agree that the obligations, warranties and representations pursuant
to paragraph 6 shall survive the termi~ation of this Agreement for any reason,
11, This Agreement constitutes the entire understanding and agreement between the
parties and no variations or substitutions shall be made except in writing by the parties or their
duly authorized representatives,
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IN WITNESS WHEREOF, the parties have hereunto executed this Agreement, by
having the same signed by their duly authorized representatives, the day and year first above written,
. tfATLANTA GAS LIGHT COMPANY
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BY: Michael D. Hutchins
Vice President - Engineering
WITNESS
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COST ESTIMATE FOR RICHMOND COUNTY ENGINEERING
RE:Willis Foreman Road Main Relocation
4" Pipe
40' @ $266.65 per foot
$10,666.00