HomeMy WebLinkAboutMING F LIN SUNDY F LIN PUMP MAINTENANCE AGREEMENT 3008 MISTLETOE AVENUE (RELEASE)
j. ,.
, ~
Book 01227: 1164 Augusta - Richmond County
200903356608/10/2009 15:30:41.00
$0.00 AGREEMENT
1111111111111111I111111111I11111 11111 11111111111111111111111
2009033566 Augusta - Richmond County
RICHMOND COUNTY ATTORNEY
429 WALKER ST UPPER LEVEL
AUGUSTA, GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
PUMP MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into this -.ZJaay of July, 2009, by and between the Ming F. Un
and Sundy F. Lin, hereinafter referred to as the "LIN", and AUGUSTA, GEORGIA, a political
subdivision ofthe State of Georgia, hereinafter referred to as the "AUGUSTA."
WHEREAS, LIN owns the real property located at 3008 Mistletoe Avenue, Augusta, Georgia
which is more fully described on Exhibit A, hereto attached and by reference made a part hereof (the
"Property"); and
WHEREAS, the sanitary sewer line owned by LIN and located on the Property ties into a
sanitary sewer line owned and maintained by the AUGUSTA; and
WHEREAS, LIN maintains that due to the occasional backup of the sanitary sewer line of
AUGUSTA, a sanitary issue is created on UN's property and LIN is unable to utilize his existing sewer
line in a normal manner; and
WHEREAS, AUGUST A maintains that it is due to the slope ofLIN'S sanitary sewer line that it
cannot be used as a gravity system; and
WHEREAS, LIN maintains that the Property has been damaged due to such conditions; and
WHEREAS, the parties agree that it is desirable and beneficial to have a pump or lift station (the
"Pump") installed and continuously maintained thereafter in order to properly utilize the sanitary sewer
system located on the Property and the sanitary sewer system of AUGUSTA; and
WHEREAS, AUGUST A has agreed to fund the cost and installation of the Pump, and any
associated piping andlor backflow preventer( s) desired by LIN in exchange for LIN' S release ofliability
for damages (the terms of which are incorporated in a separate Release of Liability between the parties)
and LIN'S agreement to maintain and replace the Pump as necessary in the future, and that such
maintenance and replacement obligation shall be a covenant running with the land and binding on future
owners; and
Book 01227:1165 Augusta - Richmond County
2009033566 08/10/2009 15:30:41.00
WHEREAS, the parties desire to set their agreement down in writing.
NOW THEREFORE, in consideration ofthe premises, the Release of Liability entered into by
and between the parties and the mutual agreement hereinafter set out, IT IS AGREED that:
(1) UN shall identity the make and model of the Pump he desires to be installed on the
Property as well as the contractor to supply and install same, and AUGUSTA shall pay the
cost of the Pump, any associated piping and/or backflow preventer( s), and the installation of
same, in an amount not to exceed $4,800.00.
(2) UN shall coordinate the sequence ofthe installation of the Pump, the associated piping
and/or backflow preventer(s), and upon acceptance of same by UN, Augusta shall have no
further obligation regarding the installation or repair of either the Pump, the backflow
preventer(s) or the pipes servicing the sanitary sewer system located on LIN's property.
(3) After the installation of such pump or lift station, the associated piping andlor backflow
preventer( s), LIN agrees, for themselves, their heirs, successors, and assigns, to maintain and
replace the Pump and backflow preventer(s) as necessary and to maintain the pipes and
sanitary sewer system in good working order, all at their cost and expense. It is specifically
understood and agreed that it is LIN'S responsibility to insure that all backflow preventers
remain clear of debris and operate properly.
(4) Should the sanitary sewer system of AUGUSTA backup or otherwise not flow properly
thereby requiring the lines of AUGUSTA to be cleared, AUGUSTA shall clear the branch
line from the backflow preventer located on UN'S property to the line of demarcation.
(5) Except for the obligation to pay for the Pump, associated pipes and/or backflow
preventer(s) and the installation same, AUGUSTA shall have no further obligation for the
future maintenance or replacement of the Pump, backflow preventer( s) and/or sanitary sewer
system nor shall AUGUST A have any liability for damage to the Property due to a failure to
properly maintain or replace the Pump, backflow preventer( s) and/or sanitary sewer system
by LIN or their successors and/or assigns.
(6) LIN acknowledges and agrees that this agreement shall be a continuing covenant running
with the land and shall bind themselves, their heirs, successors, grantees and assigns.
(7) LIN shall remise, release, and forever discharge (and for their successors, assigns, heirs,
executors, administrators, agents and representatives) AUGUSTA of and from all claims,
demands, rights and causes of action of whatsoever kind and nature (including but not
limited to claims and causes of action for negligence, negligent inspection or report, breach
of contract, breach of warranty, fraud, fraudulent misrepresentation and concealment, unfair
or deceptive practices, property damages, repairs, attorney fees, punitive damages, enhanced
damages or any other type of damages) arising from that incident( s)1 occurrence and those
specific causes of action arising from or out of the installation, use or operational failure of
the Pump, backflow preventer( s) or the sanitary sewer system located on LIN's property.
,
Book 01227:1166 Augusta - Richmond County
2009033566 08/10/2009 15:30:41.00
IN WITNESS WHEREOF, Ming F. Un and Sundy F. Lin have hereunto set their hands
and seals and AUGUSTA has caused the execution ofthis agreement by and through its duly
authorized officers and agents, with its seal affixed, as of the day and year first above written.
SIGNED, SEALED, AND DELIVERED LIN in our presence:
c);
~~tU~~
Notar..y , 'lici State of Georgia
NotaryPubllc, cOluro~l::il County, Georgia
My COfi)missionExplres July 27, 2010
....,
/
~~
Sundy F. Lin
Augusta, Georgia
By: cQ.:;{.;4. ~
Its: Mayor
~
.
.
Book 01227: 1166. 2 Augusta - Richmond County
2009033566 08/10/2009 15:30:41.00
EXHIBIT A
All that lot or parcel ofland, with improvements thereon, situate, lying and being in the
State of Georgia, County of Richmond, being known and designated as Lot 6, Block B,
Section I of Green Forest Subdivision as shown on a plat recorded in the Office ofthe
Clerk of the Superior Court of Richmond County, Georgia in Reel 34, pages 205-216;
reference hereby being made to said plat for a more complete and accurate description as
to the metes, bounds and location of said property.
Filed in this office:
Augusta - Richmond County
08/10/200915:30:41.00
ELAINE C. JOHNSON.. -
Clerk of Superior Court
"
STATE OF GEORGIA
COUNTY OF RICHMOND
RELEASE
THIS AGREEMENT, entered into this..2?2 day of July, 2009, by and between the Ming F. Lin
and Sundy F. Lin, hereinafter referred to as the "UN", and AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA."
WHEREAS, LIN, owns the real property located at 3008 Mistletoe Avenue, Augusta, Georgia
and more fully described on Exhibit A, hereto attached and by reference made a part hereof (the
"Property"); and
WHEREAS, the sanitary sewer line owned by LIN and located on the Property ties into a
sanitary sewer line owned and maintained by the AUGUST A; and
WHEREAS, LIN maintains that due to the occasional backup of the sanitary sewer line of
AUGUSTA, a sanitary issue is created on LIN'S property and LIN is unable to utilize his existing sewer
line in a normal manner; and
WHEREAS, LIN maintains that the Property has been damaged due to such conditions; and
WHEREAS, in order to properly utilize the sanitary sewer system located on the Property and
the sanitary sewer system of AUGUSTA, a pump or lift station (the "Pump") must be installed on the
Property and continuously maintained hereafter; and
WHEREAS, AUGUSTA and LINhave agreed to settle UN'S claim for damages to the property
and AUGUSTA has also agreed to fund the cost and installation of the Pump and LIN has agreed to
maintain and replace the Pump as necessary in the future, and that such maintenance and replacement
obligation shall be a covenant running with the land and binding on future owners (the "Pump
Maintenance Agreement"); and
WHEREAS, the parties desire to set their agreement down in writing.
NOW THEREFORE, in consideration of the sum of $19,500.00 and the terms of the Pump
Maintenance Agreement referred to above, LIN shall remise, release, and forever discharge (and for his
successors, assigns, heirs, executors, administrators, agents and representatives shall remise, release and
forever discharge) AUGUSTA of and from all claims, demands, rights and causes of action of
whatsoever kind and nature (including but not limited to claims and causes of action for negligence,
negligent inspection or report, breach of contract, breach of warranty, fraud, fraudulent
misrepresentation and concealment, unfair or deceptive business practices, property damages, repairs,
attorney fees, punitive damages, enhanced damages or any other type of damages) arising from that
incident( s)1 occurrence and those specific causes of action arising from or out of the sanitary sewer line
and service provided by AUGUSTA to the Property prior to the date of this Agreement.
UN acknowledges that the consideration described above and as provided in the separate Pump
Maintenance Agreement is paid in order to settle a disputed claim and does not constitute an admission
of liability by Augusta.
By making this settlement and taking this Release, AUGUST A merely intends to avoid further
litigation. This Agreement in no way prejudices the rights of Augusta to deny liability as to any issue,
allegation or matter in this or any later suit or other proceeding.
Both parties acknowledge this Release and the Pump Maintenance Agreement is the entire
agreement of the parties and that any prior oral or written agreements are merged into this document.
Both parties acknowledge that they, their legal counsel acting on their behalf, or some other
person(s) authorized to act on their behalf, have read this entire Release and that the terms are
acceptable to them.
Both parties represent that they have the opportunity to retained separate legal counsel to
represent them and advise them as to the terms of this Agreement, and that such counsel was available
for consultation concerning this Agreement.
This agreement is made and shall be construed under the laws of the State of Georgia. Any
dispute concerning the interpretation or enforcement of this Release shall be resolved in the Superior
Court of Richmond County, Georgia, the jurisdiction and venue of which is consented to by all parties.
IN WITNESS WHEREOF, the LIN has hereunto set his hand and seal and the AUGUSTA has
caused the execution of this agreement by and through its duly authorized officers and agents, with its
seal affixed, the day and year first above written.
v/~
~.~~~
Sundy F. Lin
Augusta, Georgia
By: cJ2...:e. 2f --9
Its: Mayor
, ~
~
~
if
JBI
kV!Y
..,'J5'
~:#"'-
.
~
EXHIBIT A
All that lot or parcel ofland, with improvements thereon, situate, lying and being in the
State of Georgia, County of Richmond, being known and designated as Lot 6, Block B,
Section I of Green Forest Subdivision as shown on a plat recorded in the Office of the
Clerk of the Superior Court of Richmond County, Georgia in Reel 34, pages 205-216;
reference hereby being made to said plat for a more complete and accurate description as
to the metes, bounds and location of said property.