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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: Initial �s ` initial Page 1 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. Initial nitial ) Initial Page 2 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. Initial nitial ) Initial Page 2 4 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. 5 Initial [SIGNATURES ON FOLLOWING PAGE] Initial Initial Page 3 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 t • . . o C.) o 'CI • • C • 0 it 0 g < 0 co f•-• ti • v in in - Lc) 7 t 0 0 0 co CV\ 1-1-18.5 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