HomeMy WebLinkAboutRELEASE, HOLD HARMLESS & INDEMNITY AGREEMENT BETWEEN SONYA R DAVIS AND AUGUSTA GA , OUTDOOR UNLIMITED ON PROJECT BACKGROUNDSONYA R.
DAVIS
Initials
AUGUSTA,
GA.
OUTDOOR
UNLIMITED
Sonya R. Davis authorizes Augusta, Georgia and
Outdoor Unlimited to cut the 3700 square feet of
existing grass and prepare for seeding.
Ck will
4 L
By this document, all parties agree, Outdoor Unlimited
hydro seed the 3700 square feet with centipede and
rye mix grasses.
r
By this document, all parties agree that Outdoor
Unlimited will recreate flower bed and plant three (3)
azaleas.
'
..
By this document, all parties agree that Outdoor
RELEASE, HOLD HARMLESS, & INDEMNITY AGREEMENT
This Release, Hold Harmless, & Indemnity Agreement (hereinafter "Agreement ") is entered into
by and between SONYA R. DAVIS, AUGUSTA, GEORGIA, and OUTDOOR UNLIMITED on
this day of VIA u- , 2012 in Augusta, Georgia.
PROJECT BACKGROUND —
Sonya R. Davis is requesting that Augusta, Georgia and the Landscaper perform landscaping
services at 3418 Nance Boulevard (also shown as 3302 Wombles Court) Hephzibah, GA 30815,
PIN 128 -0- 127 -00 -0. SONYA R. DAVIS is granting access to the employees, agents, and /or
designated clean-up crew members of AUGUSTA, GEORGIA, and /or OUTDOOR
UNLIMITED on her property located at 3418 Nance Boulevard (also shown as 3302 Wombles
Court) Hephzibah, GA 30815, PIN 128 -0- 127 -00 -0, to perform the services detailed within this
agreement.
In consideration of the undertakings contained in this Agreement, and other good, valuable and
sufficient consideration, the parties hereto agree as follows:
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1. RELEASE: SONYA R. DAVIS, hereby for herself, her heirs, executors,
administrators, successors, assigns and all other persons, forever releases and discharges
AUGUSTA, GEORGIA their agents, employees, and releasees from any and all claims,
demands and causes of action that may arise as a result of AUGUSTA, GEORGIA
paving and /or repairing the eastern parking lot of property located at: 3418 Nance
Boulevard (also shown as 3302 Wombles Court) Hephzibah, GA 30815, PIN 128- 0 -127-
00-0. This release shall inure to the benefit of AUGUSTA, GEORGIA its agents and
employees and shall bind SONYA R. DAVIS, her heirs, executors, administrators,
successors, assigns, all other persons, legal representatives, and successors in interest.
SONYA R. DAVIS, hereby for herself, her heirs, executors, administrators, successors,
assigns and all other persons, forever releases and discharges OUTDOOR UNLIMITED
their agents, employees, and releasees from any and all claims, demands and causes of
action that may arise as a result of OUTDOOR UNLIMITED paving and/or repairing the
eastern parking lot of property located at: 3418 Nance Boulevard (also shown as 3302
Wombles Court) Hephzibah, GA 30815, PIN 128 -0- 127 -00 -0. This release shall inure to
the benefit of OUTDOOR UNLIMITED its agents and employees and shall bind
SONYA R. DAVIS, her heirs, executors, administrators, successors, assigns, all other
persons, legal representatives, and successors in interest.
2. INDEMNITY AND HOLD HARMLESS - AUGUSTA, GEORGIA: To the extent
allowed by law, SONYA R. DAVIS agrees to indemnify, defend and hold harmless
AUGUSTA, GEORGIA with respect to any claim, demand, action, damages, cost and /or
expense to which AUGUSTA, GEORGIA 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 SONYA R. DAVIS unless the complained of action of SONYA
R. DAVIS was taken at the specific direction of AUGUSTA, GEORGIA.
To the extent allowed by law, AUGUSTA, GEORGIA agrees to indemnify, defend and
hold harmless the SONYA R. DAVIS, with respect to any claim, demand, action,
damages, cost and /or expense to which the SONYA R. DAVIS, 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 AUGUSTA, GEORGIA and /or its
employees unless the complained of action of AUGUSTA, GEORGIA was taken at the
specific direction of the SONYA R. DAVIS.
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Unlimited with laydown red mulch inside flower bed.
L
6.724,
By this document, all parties agree that Outdoor
Unlimited will remove debris from under the group of
trees nearest Nance Boulevard.
1. RELEASE: SONYA R. DAVIS, hereby for herself, her heirs, executors,
administrators, successors, assigns and all other persons, forever releases and discharges
AUGUSTA, GEORGIA their agents, employees, and releasees from any and all claims,
demands and causes of action that may arise as a result of AUGUSTA, GEORGIA
paving and /or repairing the eastern parking lot of property located at: 3418 Nance
Boulevard (also shown as 3302 Wombles Court) Hephzibah, GA 30815, PIN 128- 0 -127-
00-0. This release shall inure to the benefit of AUGUSTA, GEORGIA its agents and
employees and shall bind SONYA R. DAVIS, her heirs, executors, administrators,
successors, assigns, all other persons, legal representatives, and successors in interest.
SONYA R. DAVIS, hereby for herself, her heirs, executors, administrators, successors,
assigns and all other persons, forever releases and discharges OUTDOOR UNLIMITED
their agents, employees, and releasees from any and all claims, demands and causes of
action that may arise as a result of OUTDOOR UNLIMITED paving and/or repairing the
eastern parking lot of property located at: 3418 Nance Boulevard (also shown as 3302
Wombles Court) Hephzibah, GA 30815, PIN 128 -0- 127 -00 -0. This release shall inure to
the benefit of OUTDOOR UNLIMITED its agents and employees and shall bind
SONYA R. DAVIS, her heirs, executors, administrators, successors, assigns, all other
persons, legal representatives, and successors in interest.
2. INDEMNITY AND HOLD HARMLESS - AUGUSTA, GEORGIA: To the extent
allowed by law, SONYA R. DAVIS agrees to indemnify, defend and hold harmless
AUGUSTA, GEORGIA with respect to any claim, demand, action, damages, cost and /or
expense to which AUGUSTA, GEORGIA 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 SONYA R. DAVIS unless the complained of action of SONYA
R. DAVIS was taken at the specific direction of AUGUSTA, GEORGIA.
To the extent allowed by law, AUGUSTA, GEORGIA agrees to indemnify, defend and
hold harmless the SONYA R. DAVIS, with respect to any claim, demand, action,
damages, cost and /or expense to which the SONYA R. DAVIS, 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 AUGUSTA, GEORGIA and /or its
employees unless the complained of action of AUGUSTA, GEORGIA was taken at the
specific direction of the SONYA R. DAVIS.
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3. INDEMNITY AND HOLD HARMLESS - OUTDOOR UNLIMITED: To the extent
allowed by law, SONYA R. DAVIS agrees to indemnify, defend and hold harmless
OUTDOOR UNLIMITED, with respect to any claim, demand, action, damages, cost
and/or expense to which OUTDOOR UNLIMITED 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 SONYA R. DAVIS and /or its employees unless the
complained of action of SONYA R. DAVIS was taken at the specific direction of
OUTDOOR UNLIMITED.
To the extent allowed by law, OUTDOOR UNLIMITED, agrees to indemnify, defend
and hold harmless SONYA R. DAVIS with respect to any claim, demand, action,
damages, cost and /or expense to which SONYA R. DAVIS. 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 OUTDOOR UNLIMITED, and/or its
employees unless the complained of action of OUTDOOR UNLIMITED, was taken at
the specific direction of SONYA R. DAVIS.
4. GENERAL TERMS: 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 to 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
UNDERSTAND IT. THEREFORE, I /WE SIGN THIS AGREEMENT
VOLUNTARILY.
5. Time is of the essence for the completion of the work described in this Agreement. It is
anticipated by the parties that all work described herein will be completed within ninety
(90) days of the date of execution, and that any delay in the completion of the work
described herein shall constitute a material breach of this Agreement.
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[SIGNATURES ON FOLLOWING PAGE]
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Signed this I l5 day of . , 2012.
Sworn to and affirmed before me,
This J 'day of W1E, 2012
/ /
N I% ARY Pi: IC
My Commission Expires:
JEAN LAMBERT
NOTARY PUBLIC
RICHMOND COUNTY, GEORGIA
AUGUSTA, GEORG
redrick L. Russell
As Its: City Administrator
Sworn to and affirmed before me,
This day of , 2012
NOTARY PUBLIC
My Commission Expires:
Initial
AUGUSTA, GEORGIA.
1/
As its: Mayor
jig
August 17, 2014
Seal:
David S. Copenhaver
•
Lena J. Bons 'ex,.C.
Commission
T E
i
Attes
Sworn to and affirmed before me,
This-O day of
N TARY PUBLIC
My Commission Expires:
Initial Initial
Page 4
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PERMANENT
EASEMENT
1097 sq.ft.
0.025 acres
MH
0' TEMPORARY
CONST. SMT.
548 sq.ft.
0.013 acres
DATE OF FILED SURVEY:
2004
g 14 , 2 §LAVEN
PROPERTIES II, LLC-
p-o-147-00-0
--- 13i17 NANCE BLVD.
In my opinion, this plot Is a correct 3sentation of the land platted and
has boen prepared in conformity with 'ale minimum standards and
requirements of law.
FILE: HORSEPIN ESMT PLATS
DATA: 3834, F.B. 2004-01
SEE: HORSEPIN SEWER
PLAT REF.:
PLATS OF INE FAIR WOODS. BY JACK
D. BARKER & ASSOC., DATED: NOV.
113, 19137, FOR R.LP. BUILDERS.
EASEVENT PLAT
FOR:
Description:
COUNTY OF:
EQUIPMENT USED:
WILD 10C1010 TOTAL STA.
1.4 01K WI
7
, •
-VALINSA C. GAINEY-
i28-0-128,-00-0
\ 3304 W9MBLES CT.
\,'
AUGUSTA COMMISSION
HORSEPEN PHASE 2 SEWER COLLECTION SYSTEM
HORSEPEN BRANCH BASIN — PROJECT NO. 50202
PROPERTY LOCATED IN THE 86th G.M.D.
RICHMOND STATE OF:
GEORGIA
GEORGE L. GOMM & ASSOCIATES
GEORGIA REGISTERED LAND SURVEYOR
SOUTH CAROLINA REGISTERED LAND SURVEYOR
1280 MERRY STREET
AUGUSTA, GEORGIA
PHONE: (706) 738-0749
ANGULAR CLOSURE:
00'-00'-03"/STA.
ANTHONY T. ROBINSON
128-0-141-00-0
3420 NANCE BLVD.
51 DIV
fir.,16:117
lit le,usa if 1
---
-DEBRA K. B14-
128-0-)?6-N-0
3416 NANCE BLVD,
1977
6268
30904
TRAVERSE CLOSURE:
RADIAL TRAVERSE
\420302 \CMIVINAL EASEMENT PLATS \S302WOMBLES.DWV$014111 48, 1
0
25
Scale: 1"
50
GRAPHIC SCALE
50'
Date: 01-17-2005
Elaine C. Johnson
100
Filed in this office:
Al Augusta - Richmond County
09/22/2005 11:18:59,02
Release of Liability Agreement
I, Sonya R. Davis, hereinafter Releasor, hereby for myself, my heirs, executors, administrators,
successors, assigns and all other persons, if any, release and absolutely discharge AUGUSTA,
GEORGIA and/or OUTDOOR UNLIMITED and each or their respective past and present
officers, directors, shareholders, employees, predecessors, successors in interest, attorneys,
agents, assigns, subsidiaries, present companies, affiliates, and representatives and each of them,
from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements,
accounts, accountings, reckonings, costs, and expenses (including but not limited to, attorneys'
fees and costs), damages, liens, judgments, actions and causes of action, of every kind and nature
whatsoever, at law or in equity, known or unknown, suspected or unsuspected, which Releasor
ever had or now has against AUGUSTA, GEORGIA and /or OUTDOOR UNLIMITED which
arise out of, or is in connection with, any and all damage done to the property located at 3418
Nance Boulevard (also shown as 3302 Wombles Court) Hephzibah, GA 30815, PIN 128- 0 -127-
00-0., by the use of equipment or members of Augusta, Georgia's clean -up crew and/or
employees of OUTDOOR UNLIMITED during the landscaping services provided pursuant to
the Release, Hold Harmless & Indemnity Agreement attached hereto.
Releasor expressly understands and agrees that this Agreement fully releases AUGUSTA,
GEORGIA and /or OUTDOOR UNLIMITED and each or their respective past and present
officers, directors, shareholders, employees, predecessors, successors in interest, attorneys,
agents, assigns, subsidiaries, present companies, affiliates, and representatives and each of them,
and resolves all matters released and discharged in the Release, Hold Harmless & Indemnity
Agreement attached hereto. Releasor expressly agrees that this release is intended to be as broad
and inclusive as permitted by the laws of the State of Georgia, and that if any portion is held
invalid, it is agreed that the balance shall; notwithstanding, continue in full force and effect.
Releasor understands and agrees that the voluntary consent to be bound by the terms and
conditions set herein.
In witness thereof, this Release has been executed on the date and place above written.
onya R. D;1 is,
Prope yowner of
3418 Nance Boulevard
(Also shown as 3302 Wombles Court)
Hephzibah, GA 30815
PIN 128 -0- 127 -00 -0