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HomeMy WebLinkAboutMOWING AND MAINTENANCE AND INDEMNITY AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION_ STATE ROUTE 10 TR,FN A � W O47 Russell R. McMurry, P.E.,Commissioner d? :a GEORGIA DEPARTMENT OF TRANSPORTATION ,071 ^`' 'z One Georgia Center,600 West Peachtree Street, NW *'. ' :•* Atlanta,Georgia 30308 ,01111111111W4. Telephone:(404)631-1000 44OF dEp August 1 2017 ,�" RECEIVED SEP 06 201 Augusta-Richmond County -r, h 535 Telfair Street , �� `Z�� s�4� Attn: Augusta, or HardieO901 Davis Jr. 79 �\S � Dear Applicant: RE: SPECIAL ENCROACHMENT PERMIT NUMBER 01-2017-003-245 STATE ROUTE 10—MILEPOST 15.35—RICHMOND COUNTY—TRACKING #272259 Attached is the Indemnity Agreement that has been signed by the Department. Please have the agreement recorded and return an original recorded copy of the document to this office for further processing. If you have any questions or need additional information,please contact Dillon Frost at 478-553-3376. You may mail the document to the address listed below. Yours very truly, 6-1- lamtet- -5g)414- James H. Smith, P.E. District Engineer JHS:df Attachments DISTRICT TWO—TENNILLE,643 HIGHWAY 15 SOUTH,TENNILLE,GEORGIA 31089 • Revised 07-01-89/Revisedl2-05-91/Revised06-02-00/Revised09-15-03/Revised04-17-09 RECORDED Book No. Page Date County Page INDEMNITY AGREEMENT Indemnity Agreement entered into this day of ,20 ,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 landscaping and irrigation (hereinafter called the "ENCROACHMENT"), as indicated on Permit# 01-2017-003-245 on the right of way of State Route 10 ,in Land Lot of the Land District of Richmond 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 ENCROACHMENT 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. DEPARTMENT OF TRANSPORTATION APPLICANT By: CI SEAL) Corporate Seal Required for Corporations Commissio r [Plus two(2)Sign e _ .. ATTEST: f /LI/ , , " i ill df�i,, /f, ,.. i � _na re of rope i-. er(or Corporate Officer) Treas er ., (S AT.I EAL) a, ` — '. • Corporate Officer(or Another Property Owner) 1 + j4ixicial ,n Hardie Davis,Jr.,Mayor Typed Name of Owner(or Typed Names&Titles of Corporate Officers who signed above) (MCA 4111111.P.441 rt ' p Signature of APPLICANT rHardie Davis,Jr.,Mayor F.' � 01/11 f Typed Name of APPLICANT(and Title if Applicable); i es a ii • p� Notary Public • Commission Expiration: 1/4 3 _ (NOTARIAL SEAL) '' Mob*May 25,2019 sIKONAugusta Entryway Landscape Improvements Program- s s�� ~� Gordon Highway at Doug Barnard Landscape Improvements tee, oC "©J,�� Mowing and Maintenance Agreement and Indemnity Agreement 404,7/476•••1;7 G,,. "••r•11�rNN D410 DEPARTMENT OF TRANSPORTATION aex-:0612000 STATE OF GEORGIA ATLANTA, GEORGIA (FOR DOT USE ONLY) 303341002 Distribution ' (AFTER APPROVAL) f O'F CLQ,. District No. 2 White-Applicant '`f �,�''. State Highway No. Yellow—General Office ?� .it ,0 4, g ay 001000 Blue—District Engineer `A�'�► :ey Milepost No. 15.35 Green—Field Inspector �„ ��I�Ir�' County Richmond .--jr,-------' Permit No. 01-2017-003-245 APPLICATION AND PERMIT FOR SPECIAL ENCROACHMENT Tracking#272259 TO:GEORGIA DEPARTMENT OF TRANSPORTATION,ATLANTA,GEORGIA 30334-1002 Application is hereby made by Augusta-Richmond County (706)796-5068 Name of Applicant (Area Code) Phone No. 535 Telfair Street Augusta,Georgia 30901 Post Office Address City and State Zip Code for permission to accomplish work on the Right-of-Way of STATE HIGHWAY NO. 001000 U.S. 78 within the City Limits of Augusta and in Richmond County, in accordance with the ATTACHED PLANS and subject to the Rules and Regulations for Driveway and Encroachment Control on file in the General Office of the Georgia Department of Transportation,and made a part hereof by reference thereto,and any SPECIAL REQUIREMENTS set forth herein. The description of the proposed work is to: Install an irrigation system and plant trees and other foliage in traffic islands. The proposed work site is located on the property on the N&S side of the highway beginning 125 Feet, N.S.E.W. From Nearest Street W of the center line,of Doug Barnard Pkwy and Fronting 393 N.S.E.W. Nearest Street or Road Total Frontage Used Feet further E along said Highway;and at mile post 15.33-15.40 N.S.E.W. Permit requested this 15th day of November 20 16 "°�� / / �,,l d `' / ZI e9- L , By MU di e°- A.. t s k Witness in Lt1c All Copies Type• _—___ 1.1 V 1 f / t-i 't/C: ; _ -- — Witness in Ink on All Co es ' 4 Mil? +Li Sign in Ink on All Copies t 2/�u Title d (' YIf Agent or Official for Applicant FORM TO BE COMPLETED BELOW THIS LINE BY GEORGIA DEPARTMENT OF TRANSPORTATION ® Non-Limited Access-Approval by District Office ❑ Limited Access-Approval by General Office SPECIAL REQUIREMENTS: (by DOT only) PERMIT GRANTED to perform the above-described work in accordance with REQUIREMENTS of the Georgia Department of Transportation;this 4th day of January ,20 17 This permit is to be strictly construed and no work other than that specifically DEPARTMENT OF TRANSPORTATION described above is hereby authorized. The work authorized herein must begin STATE OF GEORGIA within three months from the date of approval and must become completed on a schedule satisfactory to the department and not to exceed twelve months // from the date the�ermit is approved. By T5i No modifications or changes may be made to the text of this permit,unless agreed upon in finning by the Departrnent A copy of the form for this pemet is on file with the Departments Office of Traffic Operations,General Office,and the language therein shall James H. Smith,District Engineer be deemed to control in the event of any dispute concerning the specific provisions of this permit or any m odfications to same. Title