HomeMy WebLinkAboutC L DEVELOPERS ELDERBERRY SECTION 2 PHASE 2 MAINTENANCE AGREEMENT ROADS & STORM DRAINAGE
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RICHMOND COUNTY
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(Roads & Storm Drainage)
MAINTENANCE AGREEMENT
STATE OF GEORGIA
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THIS AGREEMENT, entered into this j->f day of , f~ ' 2{}00 by and
between C L Developers, Inc., hereinafter referred to as "Developer", and Augusta, Georgia, a
political subdivision of the State of Georgia, acting by and through its Commission, hereinafter
referred to as "Augusta";
WHEREAS, the Developer requests that the Augusta, Georgia Commission accept certain
roads, storm drains, and appurtenances in Elderberry, Section 2, Phase 2, as shown on a plat
prepared by James G. Swift & Associates, dated February 21,2006 and which plat is~ecorded in
the Office of the Clerk of the Superior Court of Richmond County, Georgia in b.b~~ ~Jtd G ,
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WHEREAS, Augusta, Georgia has adopted a policy requiring the Developerto maintain all
installations laid or installed in the subdivision for a period of eighteen months, which Augusta
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accepts by deed;
NOW THEREFORE, in consideration of the premises, the expense previously incurred by
Developer and the mutual agreements hereinafter set out, IT IS AGREED THAT:
(1) Augusta accepts the roads, storm drains, and appurtenances, respectfully described in
the "Deed of Dedication" contemporaneously tendered herewith to Augusta, Georgia Commission,
which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in
Realty Reel , Page
(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 herein.
(3) The Developer agrees that if during said eighteen month period there is a failure of the
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installations laid or installed in said'subdivision described in the deed due to failure of material or
poor workmanship, the Developer shall be responsible for adequate maintenance and repair.
(4) In the event of such failure ofthe improvements, Augusta shall notify the Developer and set
forth in writing the items in need of repair. The Developer should present within fifteen business days
its proposed plan of repair and shall have the repairs completed at a reasonable time.
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(5) In the event of an emergency, as determined by Augusta, and 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 and to allow the Developer time to make the needed repairs.
(6) I n the event the Developerfails to comply with the terms of this agreement, then Augusta
shall proceed to have the necessary corrective work done, and the Developer agrees to be
responsible to Augusta for payment in full ofthe costs of repairing the improvements due to failure
of material or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta has
caused the execution of the agreement by and through its duly authorized officers and agents, with
its seal affixed, the day and year first above written.
C L Developers, Inc.
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Connie Forqe r-:J Jl _--Cl-
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Augusta, Georgia Commission
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