HomeMy WebLinkAboutGovernment Encroachment Agreement
Augusta Richmond GA
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DOcuME~T NAME: G;p YerhYYien+ Er'C '( OOChmen1-
AgY-ee~Y\--\-
DOcUMENTTYPE: ~~~~
YEAR: 1-003
BOX NUMBER: 'lD
FILE NUMBER: ,~O 5CO
NUMBER OF PAGES: 3
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GOVERNMENTAL ENCROACHMENT AGREEMENT
SUBJECT: JEFFERSON EMC #5 BATH 46 KV TRANSMISSION LINE
L. F.#
APPLICATION #
31087
The Georgia Power Company, hereinafter called the "Power Company;" hereby consents for Augusta-Richmond County Board of
Commissioners hereinafter called the "Undersigned." to use an area within the Power Company's subject electric transmission line right(s)-of-way
described as follows:
Said right(s)-of-way being 100 feet in width and extending in part through the 121st GMD, of Richmond County, Georgia, on which
the Power Company has constructed and now maintains and operates said electric transmission lines by virtue of certain easements
heretofore acquired by the Power Company. The said right(s)-of-way (IS/ARE) shown on plat attached hereto and made a part
hereof. The use of the area by the Undersigned within said right(s)-of-way, pursuant to this consent, shall be limited to the
construction, operation and maintenance of its Project No 50215-(Sph;it Creek Basin-Pocket)/Jamestown Sewer Extension-Phase
" at the location and to the extent as shown on said attached plat. It is'specifically understood that no buildings or other obstructions
of any type will be permitted within or on subject transmission line right(s)-of-way. See Special Stipulation Below .
1, The plans and specifications as submitted by the Undersigned meet the Power Company's approval provided the Undersigned conforms
to the following terms and conditions: The Undersigned agrees to obtain all necessary rights from the owners of the lands crossed by the Power
Company's right(s)-of-way in the event the Undersigned does not own the said lands and rights.
2. The Undersigned agrees to use said area within the Power Company's right(s)-of-way in such a manner as will not interfere with the
Power Company's activities and facilities as now, or hereafter, exist thereon (hereinafter Power Company's "activities" and "facilities".)
3. The Undersigned agrees that the use of Power Company's right(s)-of-way as herein provided shall in no way affect the validity of the
Power Company's easement(s) and shall in no way modify or restrict the use or rights of the Power Company, its successors or assigns, in and to
the area to be used. The Undersigned acknowledges the Power Company's right and title to said easement(s) and the priority of the Power
Company's right of use and hereby agrees not to resistor assail said priority.
4. The use of said area within said right(s)-of-way by the Undersigned shall be at the sole risk and expense of the Undersigned, and the
Power Company is specifically relieved of any responsibility for damage to the facilities and property of Undersigned resulting or occurring from the
use of said right(s)-of-way by the Power Company as provided herein. Undersigned covenants not to sue Power Company in that instance.
5. The Undersigned hereby agrees and covenants not to use and will prohibit agents, employees and contractors of Undersigned from
using any tools, equipment or machinery within ten (10) feet of the Power Company's overhead conductors. The Undersigned agrees to comply with
Official Code of Georgia Section 46-3-30 et seq., (HIGH-VOLTAGE SAFETY Act) and any and all Rules and Regulations of the State of Georgia
promulgated in connection therewith, all as now enacted or as hereinafter amended; and further agrees to notify any contractor(s) that may be
employed by the Undersigned to perform any of the work referred to in this Agreement of the existence of said code sections and regulations by
requiring said work to be performed in compliance with said code sections and regulations by including same as a requirement in its request for bids
and including said requirements in any contract let as a result of said bid. The Undersigned further agrees and covenants to warn all persons whom
the Undersigned knows or should reasonably anticipate for any reason may resort to the vicinity of such conductors of the fact that such conductors
are (a) electrical conductors, (b) energized, (c) uninsulated and (d) dangerous.
6. Notwithstanding anything to the contrary contained herein, the Undersigned agrees to reimburse the Power Company for all cost and
expense for any damage to the Power Company's facilities resulting from the use by the Undersigned of said area within said right(s)-of-way. Also,
the Undersigned agrees that if in the opinion of the Power Company, it becomes necessary, as a result of the exercise of the permission herein
granted, to relocate, rearrange, change or raise any of the Power Company's facilities, to promptly reimburse the Power Company for all cost and
expense involved in such relocation, rearrangement or raisingof said facilities. .
7. The Undersigned agrees to notify or have (HISITHEIR) contractor notify the Power Company's Transmission Maintenance Center,
Augusta, Georgia, Phone (706) 667-5654, at least two (2) days prior to actual construction on the Power Company's right(s)-of-way.
8. The Undersigned agrees, to the extent if may lawfully do so, to indemnify and save harmless and defend the Power Company from the
payment of any sum or sums of money to any persons whomsoever (including third persons, subcontractors, the Undersigned the Power Company
and agents and employees of them) on account of claims or suits growing out of injuries to persons (including death) or damage to property
(including property of the Power Company) in any way attributable to or arising out of the use of the above described lands, by the Undersigned as
herein provided, including (but without limiting the generality of the foregoing) all liens, garnishments, attachments, claims, suits, judgments, costs,
attorney's fees, cost of investigation and of defense, and excepting only those situations where the personal injury or property damage claimed have
been caused by reason of the sole negligence on the part of the Power Company, it's agents or employees.
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9. The Undersigned hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done on or
to said described right(s)-of-way, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contractors, or
subcontractors to indemnify and defend Power Company, its agents and employees as provided for above from payment of any sum or sums of
money by reason of claims or suits resulting from injuries (including death) to any person or damage to any property which is in any manner
attributable to or resulting from the construction, use or maintenance of the Undersigned's facilities, projects or programs conducted on Power
Company's right(s)-of-way herein described.
10. The Undersigned further agrees to require that any such third party, contractor, or subcontractor doing or providing any such work or
construction on said right(s)-of-way carry liability insurance which shall specifically cover such contractually assumed liability. A certificate of such
insurance issued by the appropriate insurance company shall be furnished to the Power Company on request, said amount of insurance to be not
less than $1,000,000 for anyone person, $5,000,000 for anyone accident for bodily injury or death and $1,000,000 for property damage for anyone
accident.
11. RIW LANDSCAPING SPECIFICATIONS: RIW easements grant Power Company the right to remove all trees and brush from the limits
of the right-of-way. However for aesthetics in urban areas, Power Company will permit some planting of shrubbery and low growing trees provided
these plants do not interfere with the access to and operation of Power Company's facilities. A planted low growing tree is defined as a tree which
naturally grows no more than 15 feet in height at maturity. NOTE: This Paragraph not applicable in this Agreement.
12. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, successors and/or assigns.
The Undersigned hereby accepts the foregoing consent, and has by Resolution of the Commissioners, or by other legal and proper
authorization, duly adopted on the 2,Jb day of D~~_ ,20~ (a copy of which will be furnished to Power Company on request)
authorized the execution and acceptance of this Agreement subject to the terms and conditions set forth above and in the event the Undersigned fails
to perform as herein provided and shall not have executed and returned this Agreement on or before the First day of January, 2004, this Agreement
shall become void and no use of the Power Company's right(s)-of-way as herein provided for shall be made.
2003.
WITNESS:. GEORGIA POWER COMPANY
SPECIAL STIPULATION: It is understood between the parties that this Governmental Encroachment Agreement is necessitated by the existence of
Power Company's Jefferson EMC #5 (Bath) Transmission Line on the right-of-way now owned by the Municipal' Electric Association of Georgia.
Reference is hereby made to Governmental Encroachment Agreement Number 31086 for the!lrms and conditions of that Agreement which covers
the same right-of-way as this Agreement. 1
WITNE~:W;::SS WHEREOF, thl, Agceement h" been duly e,eouted, 'hi' '::, L~~'~;:'~ 2003.
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DATE:
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Iy authorized agent executed this Agreement, this the day of
. ;:.M~ Commission Expires
~, ~Oct6her 15, 2006
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Encrqachmept Agreements, for Augusta-Richmond County
~ Boarq of Commissioners. #31086 and 31087. For Spirit
, . cree~ BasinrPOCketiJamestown Sewer Extension Phase II.
121" FMD, Richmond County, Georgia. ..
Crossing Ri~t -of-~ay of Municipal Electric Association of Ga.
Bath-pum Jbn Tran~mission Line and Ga. Power Jefferson EMc #5
Bath ['rans~ission tine,
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