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Home My WebLink AboutCOST SHARING AGREEMENT BETWEEN SANA ULLAH AND SHAOLAH S ULLAH t• Book 01329:1473 Augusta - Richmond County 2012000980 01 /11 /2012 13:55:48.00 $0.00 AGREEMENT I 111111 IIIII 1111!lIIII IIlII1111111111111!! lllll IIIII1111 1111 ' �� 2012000980 Augusta - Richmond County AFTER RECORDING, PLEASE RETURN TO: AUGUSTALAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901-4415 ksb STATE OF GEORGIA) COUNTY OF RICHMOND) COST SHARING AGREEMENT THIS Agreement, made the (�� day of , 2011,, by and between Sana Ullah and Khaolah S. Ullah, whose address is 373 West L e Drive, Augusta, Georgia 30907- 9595, hereinafter referred to as "ULLAH", and Augusta, Georgia, a political subdivision of the State of Georgia, by and through its Utilities Department, hereinafter "AUD"; collectively referred to as "AUGUSTA", as party of the second part: `WITNESSETH WHEREAS ULLAH owns a certain tract of property located in Augusta, Georgia, known now, or formerly, by the parcel identification number 008-3-001-02-0 and address 999 Alexander Drive, hereinafter referred to as the "PROPERTY"; and WHEREAS ULLAH wishes to have gravity sanitary sewer available to the PROPERTY; and WHEREAS it is to the benefit of both ULLAH and AUGUSTA to extend the sanitary sewer, as the extension will aid a commercial development on the PROPERTY; and WHEREAS AUGUSTA, has agreed. to extend the gravity sanitary sewer system to the North side of Alexander Court North; and WHEREAS AUGUSTA and UI�LAH have agreed to share the cost of such extension of the gravity sanitary sewer system; NOW THEREFORE, ULLAH and AUGUSTA hereby enter into the following agreement: A. PROJECT SCOPE: An 8-inch diameter gravity sanitary sewer pipeline to be constructed beginning at "Manhole 102", as shown on a plan sheet marked "Exhibit A" and attached to this Agreement, ;. 1 �, -� Book 01329:1474 Augusta - Richmond County � 2012000980 01 /11 /2012 13:55:48.00 and continuing through "New M. H. lA", and "New M. H. 2A", and ending at "New M. H. 3A", as shown on said plan sheet, hereinafter referred to as the "SEWER". Said construction, shall be constructed consistent with the applicable AUD, AWWA, IFPA codes, Georgia Plumbing codes and any other standards, local, state, or federal regulations and requirements pertinent to sanitary sewer systems, and pass all required and recommended testing. ' B. ULLAH'S SHARE OF PROJECT COSTS AND PAYMENT: 1. ULLAH will execute all necessary documents, to donate any utility easement(s), on the PROPERTY, for the SEWER, to AUGUSTA, should it be determined that an easement(s) is required. Said easement(s) will consist of a 20' (twenty feet) permanent exclusive easement, with a 10' (ten feet) temporary construction easement running contiguously with the permanent easement(s). 2. Upon the completion of construction on the SEWER, AUD will perform a final inspection to determine that the SEWER has been constructed to all applicable Standards, Specifications and Codes, and that same has passed all required and recommended testing. If AUD determines that the SEWER is acceptable to AUGUSTA, a final inspection report will be forwarded to ULLAH, along with an invoice for the amount of eight thousand four hundred seventeen dollars and twenty-six cents ($8,417.26), which is one-half (1/2) of the established total bid amount, plus the full cost of any overruns. 3. Payment from ULLAH will be required within thirty (30) days of the date of the invoice. Please make your funds payable to Augusta Utilities Department, 360 Bay Street, Suite 180, Augusta, GA 30901, or at such other place as AUD may specify. C. AUGUSTA'S SHARE OF PROJECT COSTS AND PAYMENT: 1. AUGUSTA will cause the SEWER to be constructed. 2. AUGUSTA will pay a m�imum of eight thousand four hundred seventeen dollars and twenty-six cents ($8,417.26) toward the construction of the SEWER, which is one- half (1/2) of the established total bid amount. 2 / 4 Book 01329:1475 Augusta - Richmond County 2012000980 01/11 /2012 13:55:48.0 D. STIPULATIONS: � Both parties understand and agree to the following: This agreement is contingent upon the approval of the Augusta Board of Commission's approval of the overall project and the Cost Sharing Agreement. Nothing herein or any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between AUGUSTA and the ULLAH's. AUGUSTA is not an agent or representative of the ULLAH's and the ULLAS's are not an agent or representative of AUGUSTA. The ULLAH's shall be solely responsible for performing their obligations under this Agreement. AUGUSTA may terminate this Agreement, with or without cause, upon five business day's written notice to the ULLAH's. In the event that AUGUSTA determines, in its sole discretion, that the ULLAH's: (i) have failed to comply with the terms of this Agreement in a timely manner; (ii) have acted in any way contrary to the purposes of this Agreement; or (iii) have violated any federal, state or local law, ordinance or regulation, the ULLAH's shall be required to return to AUGUSTA all funds disbursed under this Agreement, upon request. To the extent allowed by law, the ULLAH's agree to indemnify, defend and hold harmless AUGUSTA with respect to any claim, demand, action, damages, cost and/or expense to which AUGUSTA may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the ULLAH's, unless the complained of aetion of the ULLAH's, was taken at the specific direction of AUGUSTA. This document sets forth the entire agreement between the parties and is binding upon and inures to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and assigns, and may be cancelled, modified or amended only by a written instrument executed by all parties. The captions and marginal notes are used only as a matter of convenience and are neither to be considered a part of the agreement nor to be used in determining the intent of the parties too it. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA AND IN SIGNING THIS AGREEMENT, I/WE ACKNOWLEDGE THAT I/WE HAVE READ AND LJNDERSTAND IT. THEREFORE, I/WE SIGN THIS AGREEMENT VOLUNTARILY. 3 , ,, Book 01329:1476 Augusta - Richmond County • 2012000980 01 /11 /2012 13:55:48.00 IN WITNESS WHEREOF, the parties hereto ha�e hereunto set their hands and their seals on the day and year above first written. Signed, sealed and delivered in the presence of: , . ` � . �� r� _- ITN SS ��• �,�?,,, `°�w. �, ana Ullah ae�' �3`��'J.�'� = _ :� � _ / - _ s �X�' 01-��,.?�' F = l � �� y"�, �.�'�� NOTARY PUBLIC %�� ,;., �,�•� ��3 ° '' �� P � ► ri rtii t�� p County, State of � �. My Commission Expires: �' �--� 1� �� l�tlt6t6ERllfi n ��uc `. 'Y''�d,c.,�� ,�*��'� �� . � � . �- ��—�---�' . WITNESS � � .�haolah . Ullah �'�r�,��',��,,, � - . � = E EX!� �'�.2�-2p4 � - ��^� :�j�, ��m`�.�':.`�� F��o y � �a�\ ♦ NOTARY PUBLIC �''�•�f.�'��,,,,�,�� l ,`', ��''��rt riit�� 0( G(,,�1_ .Pai� County, State of � - My Commission Expires: �' 02 �2 " �(��f f 6 q 800k 01329:1477 Augusta - Richmond County ° 2012000980 01 /11 /2012 13:55:48.00 AUGUSTA, GEORGIA � �" `'�� By: ��-..__. ��.� David S. Copenhaver Mayor � ziz�/�� Attest: , Lena J. Bo er As Its: Cierk of Commission , e,_°`.t`ai1� � � `,� � �� +� � � ,.�� .,' ..n� e �--�.e �-- .�� -� - �,�s� ��e �:��-� �� :�� . �. � ' ��k ,�. ��, � o � � �� , � . �� - � A � .� �� ,3 � L ��` ti � 5 . .• .• aoo�co13z9:�47$ 01�11i2012 13 55 48.00 20120009 �� . c� �.. ` REO�a �iw p, ,� ms &. �--} �� _,_.. .___-• � �-__„ .,,,,,._.. --�.. ""�r .�+ � ''`� —r ' � y � ^' �NEtY M.F{ iA � ` ' � a° �vrroce ro2i 8� L F 8�� l�Ew S. c., . � � 5 �l � � � o � . , �,• ` . a` � y y ` t (� � T ti . -� � V � �� . '� � i O �� • � • c0 • ~ i ' y.M "�� ,' �+ `� �� , ;, .�-� l� �� ! i �, t s � ^.. ��S 5 S � � ds Q � r�x �HOtE 1ot �e �.. !�, + � ` JO..' ��'�,� �' Filed in this office: Augusta - Richmond County 01/11 !2U 12 13: 55:48 .00 . -~- Elaine G� �O erior Court Clerk of Sup zov ,, rs.�