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Home My WebLink AboutAUGUSTA BEAUTIFICATION PROGRAM AGREEMENT � � � ,.� . � . � � . �,. , , AUGUSTA BEAUTIFICATION PROGRAM AGREEMENT This Agreement is made and entered into as of the �day of�, 2012, between Augusta, Georgia, a political subdivision of the State of Georgia, (hereinafter referred to as the Sponsor) and Palmetto Storey LLC (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 Prog am 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 Au�usta Beautification Pro� 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 far Alezander Drive between Riverwatch Parkway and Washington Roac�'(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 (same date listed above) and ending (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 and its subcontractors shall not be liable far 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 ar cause all work to be performed in a warkmanlike 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 amounts: a) workers compensation — certificate of insurance, b) general liability insurance -- Page 1 of 3 �-}, � . , , � $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: l. 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 sha11 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, Geargia. SIGNATURES ON THE FOLLOWING PAGE Page 2 of 3 r � , ,�- � �. y " � . ''" .� � PALMETTO STOREY LC � , By: (SEAL) ��'�'' �" ��'�' Name: �� C, , ��P 9/� �,I/,� Its: /Ivlt.°..ti..�✓ /1/�a �.Q qe k�-fh r� � �'► �. i�s l'I,l�n V �` AUGUSTA, GEORGIA By: (�/� (SEAL) �� . As its Mayor ---,,,� �D� I� �1 Attest: By: � - : � (SEAL) C�.�rl�� mmi�3�pr� `�'n � �`�,€1, F # � :� ;, , � M� v " � �� 3 {a k� �� ,>_; ,::. `; � `j ..`-. ...... ;:a� i .� 'i. .. .. .. .._�.. _... . . _.......�.,M.."� Page 3 of 3 _ _ _ _ _ _ _.. __._. . / �� `� AUGUSTA LAW DEPARTMENT _� � � �2� � G �'�, -�,�'�«�� c' �,m�'��n Matt Aitken ANDREW G. MACKENZIE Corey 7ohnson GENERAL COUNSEL Joe Bowles Augusta Law Department Alvin Mason DAVID S. COPENHAVER Bill LOCkett Mayor WAI'NE BROWN Joe Jackson Senior StaffAttorney Jerry Brigham Wayne Guilfoyle KENNETH S. BRAY J. R. Hatney JODY M. SMITHERMAN Grady Smith JoE BowLES KAYLA E. COOPER Mayor Pro Tem StaffAttorneys FREDERICK L. RUSSELL Administrator October 16, 2012 Mayor Deke Copenhaver Augusta, Georgia 530 Greene Street, Suite 802 Augusta, Georgia 30901 Dear Mayor Copenhaver: Please find enclosed the Augusta Beautification Program Agreement and Memoran of Understanding for Alexander Drive between Riverwatch Parkwav and Washington Road. The Agreement and MOU have been reviewed by General Counsel Andrew MacKenzie as to form and substance, indicated by his initials. The Augusta, Georgia Commission approved this Agreement and MOU on October 2, 2012. I have tabbed the applicable portions of the Agreement and MOU for your signature with flags. After your signature and dating, the Agreement and MOU may be executed by the Clerk of Commission, Ms. Lena Bonner. Please return the file co�ies to the Au�usta Law De�artment to the attention of Attornev Kavla Cooper once the A�reement and MOU have been signed and fullv executed. One copy each of the Agreement and MOU should be returned to the originating departrnent and the attention of: Kendal R. Jones Hull Storey Gibson Companies, LLC 1190 Interstate Parkway Augusta, GA 30909. Thank you for your consideration in this matter. Sinc ely, � � �`�� ` t�� Kayl . Cooper �"�- KEC/dh Enclosures Augusta Law Department 520 Greene Street Augusta, Georgia 30901 (706) 842-5550 - FaY (706) 842-5556