HomeMy WebLinkAboutJOHN D STEPHENS LAYDOWN YARD AGREEMENTLAYDOWN YARD AGREEMENT
THIS LAYDOWN YARD AGREEMENT (the "Agreement ") is entered into this 11 day of
March, 2010, by and between JOHN D. STEPHENS, INC., a corporation organized and existing
under the laws of the State of Georgia, as party of the first part, hereinafter called ( "Stephens "),
and AUGUSTA. GEORGIA, a political subdivision of the State of Georgia, as party of the
second part, hereinafter called ( "Augusta ").
RECITALS
WHEREAS Augusta owns a parcel of real property known by its parcel identification number of
124 -0- 006 -00 -0 and which has a street address of 1740 Doug Barnard Parkway; and
WHEREAS, Stephens has been contracted to construct the Main Interceptor Upgrade, Phase II
Project, hereinafter called the ( "pipeline "); and
WHEREAS, Stephens has requested to use a portion of said parcel, designated by the cross
hatched area as shown on Exhibit A, hereinafter called the ( "field "), to use as a laydown yard
during the course of the construction of said project;
NOW, THEREFORE, Augusta does agree to allow Stephens to use the field and Stephens does
agree to the following stipulations:
1.
Said field shall be used only as a storage area to store equipment and supplies. No other right,
title, or interest in and to the field shall accrue to Stephens.
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2.
Stephens is strictly prohibited from storing or using materials anywhere on the property owned
by Augusta, classified as toxic, hazardous, potentially harmful, environmentally damaging
chemicals, or other contaminants under any state, federal or local law or regulation, and from
engaging in any activity that produces such materials. Stephen's obligations of indemnity as set
forth in Section 6 herein specifically includes any cost, expenses, fines or penalties imposed
against Augusta arising out of storage or use of any hazardous or toxic material by Stephens,
Stephen's agents, employees, invitees or guests.
3.
The use of the field is intended for the sole and exclusive use of the storage of property owned or
lawfully in possession of Stephens. Stephens shall use the field only for the storage of equipment
and supplies stored for any lawful purpose and in the possession of Stephens through lawful
means. Stephens expressly shall not have the right to store any items that Stephens possesses
illegally or which are items that are unlawful to be possessed by Stephens, nor shall Stephens
store any flammable, explosive or dangerous materials, live animals or illegal drugs on the field.
Further, the field shall not be used in any manner to create any nuisance or trespass; or used in
any manner so as to invalidate any insurance on the field.
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Stephen's use of the field shall terminate at the completion of construction and the acceptance of
the pipeline by Augusta. If additional storage time is required after the agreed upon completion
date; such an arrangement must be requested by Stephen's and agreed upon in writing as an
amendment to this Agreement.
5.
Stephens accepts the sole and exclusive obligation for the use of the field and the costs
associated therewith.
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STEPHENS AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS AUGUSTA,
GEORGIA, THE: AUGUSTA- RICHMOND COUNTY COMMISSION, AND THEIR AGENTS
AND EMPLOYEES FOR ANY CLAIMS, ACTIONS, JUDGEMENTS, INJURIES,
DAMAGES, HARM OR LOSSES, INCLUDING ALL COST OF DEFENDING AND
ATTORNEY'S FEES INCURRED IN DEFENDING THE SAME, ARISING OUT OF,
RELATED TO, OR AS A CONSEQUENCE OF STEPHENS' USE OF AND OR WORK
WITHIN THE FIELD.
7.
Stephens acknowledges that the field is licensed to Stephens in "as is" condition. Stephens
agrees to keep, maintain and preserve the portions of the field it uses in good condition.
Stephens, at Stephen's sole expense, shall comply with all laws, rules, orders, ordinances,
directions, regulations and requirements of federal, state and local authorities now in force or
which may hereafter be in force with respect to the access, use and occupation of the field.
Stephens shall be responsible for all damage to the field as a result of Stephen's use. Upon the
expiration or termination o f this Agreement, Stephens shall vacate the field, leaving the field in a
neat and clean condition, in good order and repair and otherwise in the same condition it was in
on the date hereof. Further the fencing and the Phinizy Swamp WMA ingress /egress shall be
restored to equal or better condition and quality as existed prior to the commencement of
construction and /or the use of the field by Stephens.
It is acknowledged by the parties hereto that Augusta has executed this Indenture at the request
of and as an accommodation to Stephens. Stephens does hereby release and discharge Augusta
from any and all liability, claim or demand which Stephens may have, or claim to have, now or
hereafter, against Augusta arising out of, or in any manner associated with, this agreement,
except any liability,- claim or demand arising out of Augusta's negligence or willful misconduct
after the date hereof.
a
Augusta shall have the right to immediately terminate this agreement should, at Augusta's
determination; Stephens violate any of the stipulations contained herein.
10.
If any term or provision of this Agreement is declared invalid or unenforceable, the remainder of
this Agreement shall not be affected by such determination and shall continue to be valid and
enforceable.
11.
Augusta retains for itself the right to enter upon the lands of the County which are the subject of
this Agreement for any purpose deemed by the County to be necessary. Stephens agrees that
they will not interfere with the ingress /egress to the Wildlife Management Area by blocking the
existing road at any time.
12.
This Agreement constitutes the entire agreement between the parties relating to the matters set
forth herein and shall supersede all present and prior written and oral agreements and
understandings between the parties. This Agreement may be amended only by the mutual written
agreement of the parties. The terms "Stephens" and "Augusta ", as used herein, shall be deemed
to mean their respective heirs, successors and assigns, and this Agreement shall inure to the
benefit of and be binding upon Stephens, Augusta and their respective heirs, successors and
assigns.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals on
the day and year above first written.
AUGUSTA, GEORGIA
JOHN D. STEPHENS, INC.
By:
David S. Cope haver, Mayor
As its: C
Attest:
ena J. Bon Clerk of Commission
Attest:
By:
As Its: f1S5iS ` r r�
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