HomeMy WebLinkAboutGAS FACILITY RELOCATION AGREEMENT BETWEEN AND ATLANTA GAS LIGHT CO GAS FACILITY RELOCATION AGREEMENT
This Agreement, entered into this 16th day of September, 2014, by and between Augusta,
Georgia (AKA Augusta - Richmond County), hereinafter referred to as "Owner ", and Atlanta Gas
Light Company, hereinafter referred to as "Company ",
WITNES SETH :
WHEREAS, the Company owns natural gas facilities located in road Right -of -Way
( "ROW ") in Richmond County, Georgia and;
WHEREAS, OWNER desires to contract with the Company for the relocation of the
Company's natural gas facilities;
NOW THEREFORE, in consideration of the mutual benefits to be derived therefrom, it is
mutually covenanted and agreed that the Company will relocate its natural gas facilities in
accordance with the terms and conditions of this Agreement.
1. The Company agrees to relocate, at Owner's sole cost and expense, approximately
100 feet of its 4 -inch and 100 feet of 6 -inch high pressure steel natural gas pipeline and Natural
Gas Regulator Station located in an easement owned by Atlanta Gas Light along Marvin Griffin
Road in Richmond County, Georgia, as shown as the existing gas facilities ( "Existing Gas
Facilities ") on the drawing labeled Exhibit "A ", which is attached hereto and incorporated herein
(the "Work "). The Company will install its new gas facilities within its newly acquired
easements outside the Marvin Griffin Road ROW and within the Marvin Griffin Road ROW
shown as the new gas facilities ( "Proposed Gas Facilities ") on said plat.
2. After the completion of the Proposed Gas Facilities, the Existing Gas Facilities will be
abandoned in place with any above ground facilities removed by the Company. The Proposed
Gas Facilities shall be the exclusive property of the Company.
3. The total cost of the Work is estimated to be $70,000, a copy of which estimate is
attached hereto, and incorporated into this agreement as Exhibit "B ".
4. Policy prevents the "Owner" from entering into an open ended agreement in which the
maximum amount to be paid is unknown. If the actual total cost of the work is more than the
estimated cost, the "Company" may submit a request to the "Owner" for the difference between the
estimate and the actual total cost or some portion thereof. This request for payment should describe
and itemize the cost overrun. Should payment be approved for the cost overrun, it will be paid in a
timely manner.
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5. The Company will order materials and commence the Work upon the receipt of this
executed agreement. The Company will proceed with the Work on a schedule determined by the
Company, in its sole discretion.
6. Owner will be liable only for personal injury or property damage caused by acts or
omissions of its employees in the performance of this Agreement to the extent provided by the
Georgia Tort Claim Act (O.C.G.A. 50 -21 -20 et. seq. Provided, however, that Owner shall not be
responsible to defend, indemnify or hold harmless the Company for losses or damages caused by
or resulting from the negligence of the Company, its agents or employees.
7. It is understood and agreed by the parties hereto that if any part, term or provision of
this Agreement is by the courts held to be illegal, unenforceable, or in conflict with any law of
the State where made, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, or provision held to be invalid.
8. This Agreement shall be interpreted, construed and governed by and in accordance
with the laws of the State of Georgia.
9. This Agreement shall not be assigned, in whole or in part, without the prior written
consent of the Company. The duties, obligations, rights and remedies under this Agreement are
in addition to and not in limitation of those otherwise imposed or available by law.
10. The parties hereto agree that the obligations, warranties and representations pursuant
to paragraphs 4 and 6 shall survive the termination of this Agreement for any reason.
11. This Agreement constitutes the entire understanding and agreement between the
parties and no variations or substitutions shall be made except in writing by the parties or their
duly authorized representatives.
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IN WITNESS WHEREOF, the parties have hereunto executed this Agreement, by having the
same signed by their duly authorized representatives, the day and year first above written.
ATLANTA GAS LIGHT COMPANY
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