HomeMy WebLinkAboutIndemnity and Hold Harmless Agreement
Augusta Richmond GA
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YEAR:
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BOX NUMBER:
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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
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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
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