HomeMy WebLinkAboutAUGUSTA BEAUTIFICATION PROGRAM FOR WALTON WAY BETWEEN 13TH STREET AND 15TH STREETAUGUSTA BEAUTIFICATION PROGRAM AGREEMENT
A.greement is made and entered into as of the / r day of 2012, between Augusts
ia, a political subdivision of the State of Georgia, (herei referred to as the Sponsor) an
tto Storey, LLC (hereinafter referred to as the Company).
or and Company recognize the need and the desirability of landscaped and well - maintain
ay right of way. The Augusta Beautification Prom has been established fc
anies/Organizations to contribute towards the effort of maintaining cleaner and more beautift
atonally landscaped roadways. For and in consideration of Sponsor's grant of permission fc
any to re- landscape a section of right of way as set forth herein, and for and in consideration of th
1 promises and covenants as herein contained, Company hereby agrees to participate in th
Eta Beautification Promo in accordance with the following terms and conditions.
Impany does hereby agree:
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 landscap
plan f a, section of roadway hereinafe
referred to as "roadway section ") and promote a bett environment in the community for
period of one year beginning June 1, 2012 (same date listed above) and ending May 31, 201
(one year later).
To be responsible for the development and implementation of a landscape plan for roadwa
section subject to approval of such plan by the Augusta Beautification Oversight Committe
which includes Department of Traffic Engineering, Planning & Zoning, Recreation & Parka
and the Augusta Convention & Visitors Bureau.
To provide for ongoing maintenance, which adheres to all city and or state landscapin
regulations, of the roadway section at Company's own expense. The parties recognize that th
roadway section belongs to the Sponsor, and Company and its subcontractors shall not be liabl
for auto accidents or other accidents or incidents occurring to non- employees at or around th
roadway section. Company hereby releases Sponsor from any claims arising out of Company'
failure to maintain roadway section.
To hold Sponsor, their employees, officers and agents harmless from and against any and al
injuries or damages that Company, Company's employees or agents may suffer or against an;
and all damages or injuries they may cause as a result of installation and/or maintenance of th
landscape plan arising out of this Agreement.
To perform all work or cause all work to be performed in a workmanlike manner, in the exercis
of due care and follow safety guidelines in the implementation of the terms of this Agreement.
To certify to Sponsor that in instances where the Company performs the work, the Company ha
public liability, workers compensation and property damage insurance in the followini
amounts: a) workers compensation — certificate of insurance, b) general liability insurance -
Walton Way (SR 4)
Page 1
S1,000,000 minimum limits, c) automobile coverage -- $500,000 minimum coverage. Su
insurance shall be maintained in full force and effect during all time when the subcontractor I
people on the property.
Should Company contract with others (hereinafter referred to as Subcontractor) to insti
implement, or maintain said landscape plan, Company must ensure that each Subcontractor
public liability, workers compensation and property damage insurance in the amounts listed
paragraph 6. Company must provide Sponsor with proof of Subcontractor's insurance a
certification that such insurance shall be maintained in full force and effect during the tens
the Agreement.
ponsors do hereby agree:
. That upon execution of this Agreement, Sponsor grants Company the right to landscape 1
roadway section as set forth in this Agreement.
Company may place a sign approved in writing by Sponsor as to size and aesthetics on 1
roadway section during the term of this Agreement.
Any approvals required by Sponsor shall not be unreasonably withheld.
he Parties further agree:
The Company and its employees and agents and Subcontractors are not and shall not
considered to be employees or agents of Sponsor for any purposes whatsoever, including, I
not limited to, worker's compensation, health insurance or other employee benefits.
Either Sponsor or Company may terminate this Agreement at any time upon ten (10) d2
written notice to the other, and upon the expiration of said notice period, the parties shall inc
no further obligations under this Agreement.
The terms of this Agreement shall be binding upon the successors and assigns of the part
hereto.
This Agreement shall be construed in accordance with the laws of the State of Georgia.
The venue for any claims, litigation or causes of action between the parties shall be in 1
Superior Court of Richmond County, Georgia.
SIGNATURES ON THE FOLLOWING PAGE
Walton Way (SR 4) Page 2
PALMETT 1 STO Y LLC
By:
Name: B
Its: Member M ger
AUGUSTA, GEORGIA
By:
(SEAL)
As its Mayor
Attest.
Walton Way (SR 4)
• Clerk
c
(SEAL)