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HomeMy WebLinkAboutGas Main and Pipeline Relocation Agreement Augusta Richmond GA DOCUMENT NAME: C1a5 f'YKlin anol Pi1~c hne ~eIOCi)t+l'Oh /\5veeHlent- DOCUMENT TYPE: AY'~ YEAR: \qqq BOX NUMBER: Q FILE NUMBER: ,013 J NUMBER OF PAGES: , " ",/1 ./E. r.&l1l, .~, .,. 1;:_ ~.. ~,' ,_" '"t 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 'i", ,.. .7; ,~:~ ~ .. . . ,;,,; ....t 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, 2 l' r-;:: 1.", '. . :/ J '. , ',- 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 {l BY: Michael D. Hutchins Vice President - Engineering WITNESS ~~ Al &.-h ~' rf ^ J;.., tI. W' . BY: NAME: TITLE: M~rl , ~ , " P, "'",0: :,\ /" ~ [Corporate Seal] ~.~' ';7',~1!1:~ '" ~-"''--...... 4J;;1fx/~ . ," ~ '-:,...... ~ !Or ~; ~~-- ~....- " ~ ;:t~l~ :: Ir..~ ~ ~ ~ ". 1'r-.-~..;~ ",'- ... , ~ \ '.~,-~'\ 01:~, .';, , ~ "" 1,...:_ ~. ,- .,~; '.~'l~:,..... '~~ ~', .p_ -t" -.._ ,tr ,- ~':;; ~ ~ ';,l! -"'t......_.--= ","',. J ....'" -;;~",,~!"'~':"'-""'..,[ ......... ~:...; f3 ' aAugustalRichmond County - --., - - - 3 I1l )( .I H 0> ~ ~ ~ I ,@ I '^ 1> ~ ~5~1J ~~~el t j~ {\.A\.II\~ ('.' ~~~ a ~ 1/1 ~ 2. ~o~ 7'iJ ~ - III ~ ~ ~ I -1' i " 1'+ N S. 1"13'9 S~3J..NnH I , ~ :r. y '^ ~ \t1 r ~ l> i. ~ ~ ~" ~"& ~a' ~~ I I t~:-t C3" o~ -n o 7J If1 3 J> Z. ~ - r' r \J' 7J o ~ o L.--= I 1 I ,Z en ~ l1\ ~ ~ '^ a ~ o ~ I J';:) - l: I I . '. . .i ,. J~, . " . -~,"/IO \.lo o.--t I 1) 'f t.- 0.-, '^ > C' r' r, ~o. '^ ~ ~ ,Ii -1 r-~_ I ?;) - f or- . .~:~ . ~-.~ ") . ~-. " '..-; \ -., ., ,'.",;, ,i, .' "',' . . COST ESTIMATE FOR RICHMOND COUNTY ENGINEERING RE:Willis Foreman Road Main Relocation 4" Pipe 40' @ $266.65 per foot $10,666.00