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Home My WebLink AboutHerbert Newsome Augusta Richmond GA DOCUMENT NAME: H- t-(be.( t N ~v.)S()'()".JL- DOCUMENT TYPE: Q. ~ 'V ee(~..l/\ + YEAR: ~DO) BOX NUMBER: \)- I s 3 ~G FILE NUMBER: NUMBER OF PAGES: ~ $~V t. ; ~ . 1 ,. Book 00721: 1777 Augusta - Richmond COUr1ty 200100809703/27/200109:29:31,00 $0,00 AGREEMENT - 1111111111111111111111111111111I IIllf/I/II III/11I111i11l/1II 2001008097 Augusta - Richmond County Return to: James B. Wall 454 Greene Street Augusta, GA 30901 (706) 722~768 WAIVER AND INDEMNITY AGREEMENT WHEREAS, Herbert Newsome desires to construct an auto parts business on property located on Gordon Highway at the Richmond County/Columbia County line; and WHEREAS, there is currently no City water available to this site; and WHEREAS, the Life Safety Code which has been adopted by Richmond County provides that there must be a fire hydrant within 500 feet of such a commercial establishment; and WHEREAS, the City of Augusta desires to have economic development in this area; NOW, THEREFORE, in consideration of Augusta, Georgia, not requiring a fire hydrant to be located within 500 feet of such auto parts business until such time as City water is provided to service this area, Herbert Newsome shall indemnify, defend and hold harmless Augusta, Georgia, the Augusta-Richmond County Commission, the Augusta-Richmond County Fire Department, and their employees, agents, elected officials and officers (i) against any and all damages to property or injuries to or death of any person or persons, and (ii) from any and all claims, demands, suits, actions, or proceedings of any kind or nature, including claims for costs and attorney's fees, of or by anyone whomsoever, in any way resulting from or Page 1 of3 ~ . .J ' Book 00721 :1778 Augusta. Richmond County 20010r08097 03/27/2001 09:29:31.00 arising out of Augusta, Georgia approving the construction of the auto parts business without a fIre hydrant being located within 500 feet of such building. FURTHER, in consideration of Augusta, Georgia approving the construction of said auto parts business, Herbert Newsome agrees that he will connect to City water as soon as it is available at the property so as to provide sprinklers within said building. This Indemnity Agreement shall be binding upon the successors and/or assigns of Herbert Newsome. Herbert Newsome agrees that should the property be sold, a copy of this Indemnity Agreement will be made a part of the closing documentation and shall be transferred at closing to the successor or assignee of Herbert Newsome. Reference to this Indemnity Agreement shall be placed on the final plat for the construction of such auto parts business and shall be recorded in the Office of the Clerk of the Superior Court in reference to the property described in Exhibit "A" attached hereto. Signed, sealed and delivered this L day of March, 2001. SIGNED, SEALED AND DELIVERED in the presence of: J:~o/ ~~ N~U~ GI!5;(j-- Richmond County, Georgia ,S,) \\"~~:_ ", J. ". ,>:"cN-r.. C~~ission Expires: ,:I~ )J.-i/ 3 / '.. . _ ,.,/ \' '. \ !~:~',' ',. :~''''''''''.'''' _, ......;1J ~ .'"A ~ _ ~\i.J Iw...."h~.._.... . . ':"J , L \' to." , '-_....-'::c.c.(,,, -'.~ ~ ...... " . . . ".~<:.SIGNATURES CONTINUE ON PAGE 3 -':: 0,: :.,'. '. ' , . ~.~ i"'j~~tfd Page 2 of3 1.. ~..: Book 00721: 1779 Augusta - Richmond County ~2001.008097 03/27/2001 09:29:31.00 - SIGNED, SEALED AND DELIVERED in the presence of: AUGn-, ~EORGIA By: \ ftl>>; N r; its Mayor ATT T: . ~;(! .' :...."" " .. . l~3 -":' '. .", " -.. ....~.':', "';'r'l '~',. , . -.. .. ~. ;ft,.....'.r: . (oJ t.< J: ;~_:"~~'~">~;~.4..;':t..~.' : 1~1 ~_ .... ,~{SEAtVr/r~'~~ ~ :. : : .~.--:i. -.. \...../.'.1... .l~.::....., ." ...t:-..: .- .~ . ., ~ ; ,. ! .~ , .. . I"':; .. . . . . .. . . .... . ,./ /}o~ J 77?~ ~ Unoffici WItness ...~~ Cf~~ Richmond County, Georgia NeeIIy PublIc, RIchmond County, Georgia My Commission Expires: My Commls8lon Expires Jan. 4, 2005 . ~.'I'",~ JI: r:~; '\. .- Page 3 of3 '. ... . k 00721 :1780 Augusta - Richmond County )1008097 03/27/2001 09:29:31.00 . EXHIBIT A ALL that lot or parcel of land situate, lying and being in the State of Georgia, County of Richmond, located on the North side of Gordon Highway and being shown and designated as 0.88 acre on a plat for Herb Newsome prepared by Ayercorp dated August 24, 2000 and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Realty Reel 706, page 1768; reference hereby being made to said plat for a more complete and accurate description of the metes, bounds and location of said property. RESERVING UNTO the Grantor, its successors sand assigns, an easement in perpetuity for ingress and egress to and from Grantor's remaining property adjacent to the conveyed lot and Gordon Highway, over, along, upon and across that certain parcel of land shown and designated on said plat as 30' ingress-egress easement centered over existing dirt drive, ALSO conveyed is an easement in perpetuity for ingress and egress to and from the within conveyed 0.88 acres and Gordon Highway, over, along, upon and across that certain parcel of land shown and designated on said plat as 30' ingress-egress easement centered over existing dirt drive, Filed in this office: Augusta - Richmond County - ---2}127/2nn1 0829.:31.,OQ Elaine (' ,Jotlrc:on '. ~, 1~ <b \ "1 located within 500 feet of the buildings until such time as City water is provided to service this area, f' , Book 007212214 Augusta - Richmond County 200100838703/28/200109:54:27,00 $0,00 AGREEMEN1" "..... ,._U".. .... ~ lllllll 1IIIIIIIil 1I11f111111111IUIIIIIIII 11111 11111 III filii 2001008387 Augusta - Richmond County Return to: James B. Wall 454 Greene Street Augusta, GA 30901 (706) 722-0768 WAIVER AND INDEMNITY AGREEMENT WHEREAS, Rhodes Enterprises, Inc. desires to rebuild two buildings on property located at 1562 New Savannah Road in Richmond County, Georgia, for the purpose of operating a flea market business; and WHEREAS, there is currently no City water available to this site; and WHEREAS, the Life Safety Code which has been adopted by Richmond County provides that WHEREAS, the City of Augusta desires to have economic development in this area; NOW, THEREFORE, in consideration of Augusta, Georgia, not requiring a fire hydrant to be Rhodes Enterprises, Inc, shall indemnify, defend and hold hannless Augusta, Georgia, the Augusta- Richmond County Commission, the Augusta-Richmond County Fire Department, and their employees, agents, elected officials and officers (i) against any and all damages to property or injuries to or death of any person or persons, and (ii) from any and all claims, demands, suits, actions, or proceedings of any kind or nature, including claims for costs and attorney's fees, of or by anyone whomsoever, in any way resulting I from or arising out of Augusta, Georgia approving the rebuilding of the two buildings without a fire hydrant being located within 500 feet of such building. Page I 01'2 ; . Book 00721 :2215 Augusta - Richmond County . 2001008387 03/28/2001 09:54~27.00 WAIVER AND INDEMNITY AGREEMENT PAGE 2 OF2 FURTHER, in consideration of Augusta, Georgia approving the construction of said buildings, Rhodes Enterprises, Inc, agrees that it will bear the cost of installing a fire hydrant if the furthest point of the buildings is more than 500' from a fire hydrant. This Indemnity Agreement shall be binding upon the successors and/or assigns of Rhodes Enterprises, mc.. Rhodes Enterprises, Inc, agrees that should the property be sold, a copy of this Indemnity Agreement will be made a part of the closing documentation and shall be transferred at closing to the successor or assignee of Rhodes Enterprises, Inc.. Reference to this Indemnity Agreement shall be placed on the final plat for the construction of the buildings and shall be recorded in the Office of the Clerk of the Superior Court in reference to the property described in Exhibit "A" attached hereto, This Agreement shall terminate when a fire hydrant, attached to an appropriate functioning water line, is installed within 500' of each building, RHODES ENTERPRISES, INe. By:/4-4!L-~L.S,) as its: ~-e- APPROVED BY: f\~'Y: Lf Asi A TIES Clerk C:\Files\Rhodes\W AlVER AND INDEMNITY AGREEMENT - FLEA MARKET,wpd , ~~, ~~ ~ ~ . Book 00721 :2216 Augusta - Richmond County 2001008387 03/28/2001 09:54:27.00 EXHIBIT" A" ALL that tract or parcel ofland, lying and being in the 123rd D.G.M. Richmond County, Georgia, together with all improvements thereon, containing 4.4 acres, more or less, located near the intersection of Nixon Road and New Savannah Road, fronting on said New Savannah Road a distance of 210 feet, and extending back between parallel lines a distance of 890 feet on a its northern line and 1,073 feet on its southern line to a rear width of 325.4 feet. Said lot is bounded: North and East by land now or formerly of Vallotton; South by lands now or formerly of Richardson; and West by said New Savannah Road, a Plat of said tract is attached to a Deed of Correction from Janette Maxwell Vallotton, as Trustee, to Roscoe Knighton, dated February 10, 1951, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 18-d, Pages 4-6, to which plat reference is hereby made for a more complete and accurate description as to metes, bounds and location of said property. Said property is described in a Warranty Deed dated December 11, 1991 which is recorded in said Clerk's Office in Realty Reel 375, Page 1720. C:\Files\Rhodes\Flea Market legal description,wpd Filed in this office Augusta - Richmond County _ __U3D,8l20D.:LO.95,'1:::27.00 r:::.=1ine C Jor.~- .r I . . ! . April 9, 2001 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, Georgia 30911 Dear Lena: I enclose herewith the original Waiver and Indemnity Agreements with Rhodes Enterprises, Inc. and Herbert Newsome. Please include these in the City's pernlanent records. With best personal regards, I am Yours very truly, James B. Wall JBW/sjp Enclosures