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HomeMy WebLinkAboutIndemnity and Hold Harmless Agreement Augusta Richmond GA DOCUMENT NAME In d t M n \' -I-j OLi"-d H6 ( d HG- r1V1 ((>5 8Jjyee~ t- DOCUMENT TYPE: 0. ,vef~Y1f YEAR: /q9~ BOX NUMBER: ) J 9-~7 FILE NUMBER: NUMBER OF PAGES: 3 INDEMNITY AND HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into this dC) ,t+ day of ~Li , 1996, between RICHMOND COUNTY, GEORGIA (hereinafter the "Countyll ) and MACUCH STEEL PRODUCTS, INC. "Macuch") ; (hereinafter WIT N E SSE T H: WHEREAS, Macuch is the owner and developer of certain real property with improvements thereon located on Poplar Street in Augusta-Richmond County, Georgia near its intersection with Augusta Avenue; and WHEREAS, Macuch currently has plans to expand its facilities at said location to include the installation of certain storm drains and other piping and improvements around and under Augusta Avenue west of its intersection with the CSX Railroad track as set forth on a site plan prepared by Bryan G. Besson & Associates, P.C., dated March 21, 1996, a copy of which is attached hereto as Exhibit IIAII and incorporated herein by reference; and WHEREAS, iti consideration of the County's willing~ess to allow Macuch to encroach upon and use the right-of-way of Augusta Avenue to improve and develop its property as shown on said plans, Macuch has agreed to indemnify and hold the County harmless from any claim that may arise by virtue of such encroachment and use of Augusta Avenue in said location. NOW, THEREFORE, premises considered and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: (I) The County shall permit Macuch to encroach upon Augusta Avenue to improve its property consistent with the site plan and soil erosion and sediment control plan prepared by Bryan G. Besson & Associates, P.C., dated March 21, 1996. (2) Macuch shall be permitted to construct and install storm drains and other piping in, around and under Augusta Avenue as shown on said plans. (3) Macuch shall indemnify, hold harmless and defend the County and each of its Commissioners, officers, officials, agents and employees from any and all loss, liability, cost, damage, fine, penalty and forfeiture (whether in contract or tort) including but not limited to property damage, personal injury and death at any time incurred by the County and each of its Commissioners, officers, officials, agents and employees, arising or alleged to have arisen directly or indirectly out of the site development and improvement of Macuch' s property within the right-of-way of Augusta Avenue as shown on the aforementioned site plans prepared by Bryan G. Besson & AssGciat.:::s, P. c. Macuch' s obliga~icr: under this indemnification and hold harmless agreement shall apply regardless of whether the County or any of its officers, officials, employees or agents were or are actively or passively negligent. This indemnification and hold harmless shall include, in addition to the amount set out above, all costs incurred by those indemnified in investigating and defending any claim, including without 2 limitation, the cost of investigation, defense, attorney's fees, witness fees, court costs and the like. (4) This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns and shall be a covenant running with the land described herein. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized officials and their respective seals affixed hereto the day and year first written above. MACUCH STEEL PRODUCTS, INC. BY~~ As ts - - - ~7iEc 3