HomeMy WebLinkAboutAUGUSTA BEAUTIFICATION PROGRAM AGREEMENT GORDON HIGHWAY SIBLEY RD AND NORTH LEG RDAUGUSTA BEAUTIFICATION PROGRAM AGREEMENT
This Agreement is made and entered into as of the Qday of January, 2012, between Augusta,
Georgia, a political subdivision of the State of Georgia, (hereinafter referred to as the Sponsor) and The
Gordon Highway Development Committee (hereinafter referred to as the Company).
Sponsor and Company recognize the need and the desirability of landscaped and well- maintained
roadway right of way. The Augusta Beautification Program has been established for
Companies /Organizations to contribute towards the effort of maintaining cleaner and more beautiful
professionally landscaped roadways. For and in consideration of Sponsor's grant of permission for
Company to re- landscape a section of right of way as set forth herein, and for and in consideration of the
mutual promises and covenants as herein contained, Company hereby agrees to participate in the
Augusta Beautification Program in accordance with the following terms and conditions.
A. Company does hereby agree:
1. To be responsible for and commit to bear the costs of the design, purchase, installation,
implementation and physical maintenance (but not watering or traffic control) of a landscape
plan for The Median on Gordon Highway between Sibley Rd. and North Les Rd.(the
section of roadway hereinafter referred to as "roadway section ") and promote a better
environment in the community for a period of one year beginning 1 /10/2012(same date listed
above) and ending 1/10/2013 (one year later).
2. To be responsible for the development and implementation of a landscape plan for roadway
section subject to approval of such plan by the Augusta Beautification Oversight Committee
which includes Department of Traffic Engineering, Planning & Zoning, Recreation & Parks,
and the Augusta Convention & Visitors Bureau.
3. To provide for ongoing maintenance, which adheres to all city and or state landscaping
regulations, of the roadway section at Company's own expense. The parties recognize that the
roadway section belongs to the Sponsor, and Company, it's officers, directors, employees,
associates, agents, heirs, family members and its subcontractors shall not be liable for auto
accidents or other accidents or incidents occurring to non - employees at or around the roadway
section. Company hereby releases Sponsor from any claims arising out of Company's failure to
maintain roadway section.
4. To hold Sponsor, their employees, officers and agents harmless from and against any and all
injuries or damages that Company, Company's employees or agents may suffer or against any
and all damages or injuries they may cause as a result of installation and/or maintenance of the
landscape plan arising out of this Agreement.
5. To perform all work or cause all work to be performed in a workmanlike manner, in the exercise
of due care and follow safety guidelines in the implementation of the terms of this Agreement.
6. To certify to Sponsor that in instances where the Company performs the work, the Company has
public liability, workers compensation and property damage insurance in the following
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amounts: a) workers compensation — certificate of insurance, b) general liability insurance --
$1,000,000 minimum limits, c) automobile coverage -- $500,000 minimum coverage. Such
insurance shall be maintained in full force and effect during all time when the subcontractor has
people on the property.
7. Should Company contract with others (hereinafter referred to as Subcontractor) to install,
implement, or maintain said landscape plan, Company must ensure that each Subcontractor has
public liability, workers compensation and property damage insurance in the amounts listed in
paragraph 6. Company must provide Sponsor with proof of Subcontractor's insurance and
certification that such insurance shall be maintained in full force and effect during the term of
the Agreement.
B. Sponsors do hereby agree:
1. That upon execution of this Agreement, Sponsor grants Company the right to landscape the
roadway section as set forth in this Agreement.
2. Company may place a sign approved in writing by Sponsor as to size and aesthetics on the
roadway section during the term of this Agreement.
3. Any approvals required by Sponsor shall not be unreasonably withheld.
C. The Parties further agree:
1. The Company and its employees and agents and Subcontractors are not and shall not be
considered to be employees or agents of Sponsor for any purposes whatsoever, including, but
not limited to, worker's compensation, health insurance or other employee benefits.
2. Either Sponsor or Company may terminate this Agreement at any time upon ten (10) days
written notice to the other, and upon the expiration of said notice period, the parties shall incur
no further obligations under this Agreement.
3. The terms of this Agreement shall be binding upon the successors and assigns of the parties
hereto.
4. This Agreement shall be construed in accordance with the laws of the State of Georgia.
5. The venue for any claims, litigation or causes of action between the parties shall be in the
Superior Court of Richmond County, Georgia.
SIGNATURES ON THE FOLLOWING PAGE
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THE GORDON HIGHWAY DEVELOPMENT COMMITTEE
By:
Name: Frischknecht
Its: President
Attest:
By:
AUGUSTA, GEORGIA
By:
(SEAL)
.,„
Airligi&as ,i4 Clerk of / .
4. • •
As its
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(SEAL)