HomeMy WebLinkAboutIDEMNITY AGREEMENT WITH GDOT ON WALTON WAY FROM 13TH ST 15TH STRevised 07 -Oi• 89/ Revised12- 05- 91/ Revised06- 02-00/ Revised09- 15- 03 /Revised04 -17 -09
Indemnity Agreement entered into this &i day of u nab
, 20 f , by and between Augusta - Richmond
County (hereinafter call the "APPLICANT ") and the GEORGIA DEPARTMENT OF TRANSPORTATION, as agency of the State of Georgia with offices at One
Georgia Center, 600 Peachtree Street NW, Atlanta, Georgia 30308 (hereinafter called the "DOT ");
WITNESSETH:
For and in consideration of the DOT's grant of permission for the installation of irrigation (hereinafter called the "ENCROACHMENT"), as indicated on
Permit # 03- 2012 - 001 -245 on the right of way of State Route 4 , in Land Lot ,u /ic of the N Land District of 2 , c_L vH o,,+ ct
County, Georgia.
The APPLICANT shall and does agree to indemnify and save harmless the DOT and DOT's agents, officers, servants and employees from any and all lawsuits,
actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property arising out of the construction.
operation and/or maintenance of the ENCROACHMENT located as described herein.
The APPLICANT shall and hereby agrees to maintain the ENCROACHMENT in good repair at the APPLICANT's sole expense and shall and does hereby release
DOT from any claims arising out of the APPLICANT's failure to so maintain the ENCROACHMENT.
The APPLICANT shall and hereby agrees to make all repairs at its own expense for any damage caused by DOT employees or agents to the ENCROACHMENT
which is located on DOT right -of -way in accordance with the permit numbered above and issued with this agreement.
The DOT reserves the right to enter the area described in the ENCROACHMEN to insure the area is being maintained in accordance with DOT safety and
maintenance standards. DOT shall notify the APPLICANT of any repairs which need to be made and the APPLICANT shall correct the problem as soon as such
notification is given. If the APPLICANT has not made said repairs within a reasonable period of time, the DOT may enter the property to effect such repairs. The
APPLICANT shall reimburse the DOT for any cost incurred as a result of DOT's performing such repairs.
The DOT reserves the right to terminate this indemnity Agreement at any time upon thirty (30) days written notice to the APPLICANT. Upon receipt of such notice
as specified by DOT, the APPLICANT at its own expense, shall be responsible for removing the ENCROACHMENT and returning the area to its original condition or
an acceptable substituted condition.
The term of the Indemnity Agreement shall be for a period of fifty (50) years, commencing upon execution hereof by DOT, subject to any rights of termination as are
hereinabove set forth.
The covenants herein contained shall except as otherwise provided accrue to the benefit of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, individually or through their authorized officers, agents or attorneys -in -fact as the case
may be, causing their respective seals to be affixed hereto the day and year first above written.
DEPART
Commissioner
NSPORTATION
(SEAL)
Uno ficial Witness
INDEMNITY AGREEMENT
Corporate Seal Required for Corporations
[Plus two (2) Signatures]
Signature of Property Owner (or Corporate Officer)
Corporate Officer (or Another Property Owner)
Typed Name of Owner (or Typed Names & Titles of
Corporate Officers who signed above)
Signature of APPLICANT
►,;(CI 5. 4 40
Typed Name of APPLICANT (and
i?
Notary Public
Commission Expiration:
(NOTARIAL SEAL)
RECORDED
Book No. Page
Date County Page
APPLICANT