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HomeMy WebLinkAboutADAMS PROPERTIES HOPETOWN VILLAS, PHASE 11 (UTILITY WATER DISTRIBUTION SYSTEM AND GRAVITY SANITARY SEWER SYSTEM) MAINTENACE AGREEMENT • c " 9 S fa 3 Book 01276:1858 Augusta - Richmond County 2010042362 10/05/2010 14:35:17.03 $0.00 AGREEMENT TI iilii IIIiI "'" iii! 111111 iilll iiill liill 11 ill 2010042362 Augusta - Richmond County ksb AUGUSTA LAW DEPARTMENT 501 GREENE STREET, SUITE 302 AUGUSTA, GA 30901 -4415 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT HOPETOWN VILLAS, PHASE II (Utility Water Distribution System and Gravity Sanitary Sewer System) THIS AGREEMENT, entered into this 4 day of Q v_st' , 2010, by and between Adams Brothers Properties, LLC, a South Carolina Limited LiabilV Company, hereinafter referred to as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA ": WITNESSETH WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system and the gravity sanitary sewer system for the subdivision known as Hopetown Villas, Phase II, as shown by a Deed of Dedication, contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, with this document; and WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months; NOW, THEREFORE, in consideration of the premises, the expense previously incurred by the DEVELOPER and the mutual agreement hereinafter set out, IT IS AGREED that: (1) AUGUSTA accepts the gravity sanitary sewer system and water distribution system for the subdivision, respectively described in the Deed contemporaneously tendered herewith to the Augusta- Richmond County Commission. (2) The DEVELOPER agrees to maintain all the installations laid or installed in said subdivision as described in said Deed for a period of eighteen months from the date of final inspection and approval, that date being February 8, 2010. (3) The DEVELOPER agrees that, if during said eighteen month period there is a failure of the installations laid or installed in said subdivision described in the Deed due to failure or poor workmanship, the DEVELOPER shall be responsible for adequate maintenance and repair. (4) In the event of such failure of the improvements, AUGUSTA shall notify the DEVELOPER and set forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business days of the date „, rt, « Book 01276:1859 Augusta - Richmond County 2010042362 10/05/2010 14:35:17.03 of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined by AUGUSTA. (5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER is unable to respond in a timely manner, AUGUSTA shall be authorized to erect barricades, traffic direction devices and such other temporary measures as are necessary to remedy the emergency nature of the problem at the DEVELOPER'S expense and allow the DEVELOPER time to make the needed repairs. (6) In the event the DEVELOPER fails to comply with the terms of this agreement, then the CITY shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible to AUGUSTA for payment, in full, of the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, the DEVELOPER has hereunto set its (his /her) hand and seal and AUGUSTA has caused the execution of this agreement by and through its duly authorized officers and agents, with its seal affixed, the day and year first above written. ADAMS BROTHERS PROPERTIES, LLC By: V 4, aQ , liazz> onald G. Adams As its: alf- 10.v.a, 2I fitness . st e rr t/ ti ,` 4 By: 1 L Notary Public ', seph F. Adams, Richmond County, Georgia My Commission Expires: c /Y° h As its: A 0. "a k e ” l a ACCEPTED BY t AUGUSTA, GEORGIA 1 g . . B 0 -/ '' Deke Coen aver L�1 Cop en 2 7 / its Mayor ,:" ® ®o. ,,Attest: )41 Ai `. , 6 A k • f ' CI =rk v Filed in this office: F Augusta - Richmond County 1 S R• ' SEAL) 10/05/201014:35:17.03 : _ . ' a f3 , ELAINE C. JOHNSON , .. , ,y , ` ,,, ; Clerk of Superior Court - m • © ®•90x0•••6 .. J Y J 1 Office Of The Administrator A Frederick L Russet( Administrator Room 801 - Municipal Building S30 Greene Street- AUGUSTA, GA. 30901 Tameka Allen interim Deputy Administrator (706) 821 -2400 - FAX (706) 821 -2819 Robert Leverett, Interim Deputy Administrator www.augustaga.gov September 21, 2010 Mr. Tom Wiedmeier Utilities Director 360 Bay Street Augusta, GA 30901 Dear Tom: The Augusta - Richmond County Commission, at their regular meeting held on Tuesday, September 21, 2010, took action on the following items. 22. Approved construction contract award to L!, Inc. in the amount of $238,987.41. (Approved by Engineering Services Committee September 13, 2010) 27. Approved and accept a Deed of Dedication and Maintenance Agreement for Forest Place, Phases 2 -A and 2 -B. (Approved by Engineering Services Committee Septetriber 13, 2010) Approved and accepted a Deed of Dedication and Maintenance Agreement for Hopetown Villas, Phase II. (Approved by Engineering Services Committee September 13, 2010) 31. Approved and accepted the Deed of Dedication and Maintenance Agreement for Longpoint Townhomes, Phase 3 -A. (Approved by Engineering Services Committee September 13, 2010) If you have any questions, please contact me. Yo . l ameka Allen Interim Deputy Administrator 09- 21 -10: #22, #27, #29, #31 cc: Ms. Donna Williams Ms. Geri. Sams