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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.