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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. Initial Initial 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. 11 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. I 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. [SIGNATURES FOLLOW ON SUBSEQUENT PAGE] Initial Initial 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� Page I of 1. L" �119 "I mapwebsrv43044S - 11/ - /2010