HomeMy WebLinkAboutCOST SHARING AGREEMENT R E WATKINS BURGESS HILLS CUSHENDAL HILLS STATE OF GEORGIA)
COUNTY OF RICHMOND) COST SHARING AGREEMENT
THIS Agreement, made the day of , 2010, by and between
Briarcliffe Land Development, LLC, a limited liability conipany established under the
laws of the State of Georgia, and R. E. Watkins, General Contractor, Inc., a corporation
established under the laws of the State of Georgia, as party of the first part, hereinafter
referred to as "DEVELOPER," and Augusta- Richmond County, a political subdivision of
the State of Georgia, by and through its Utilities Department, as party of the second
part, hereinafter referred to as "AUGUSTA ":
WITNESSETH
WHEREAS DEVELOPER owns certain tracts of property located on Belair Road in
Augusta Richmond County, Georgia; and
WHEREAS DEVELOPER wishes to construct two subdivision developments,
namely Burgess Hills and Cushendal Hills Subdivisions; and
WHEREAS it is to the benefit of both parties to construct a gravity sanitary sewer
pipeline underneath Belair Road, through the construction technique of a jack and bore,
hereinafter referred to as "sewer ", to serve said DEVELOPER'S properties, and which
will also function to serve the south side of Belair Road; and
NOW THEREFORE, DEVELOPER and AUGUSTA hereby enter into the
following agreement:
PROJECT SCOPE AND ESTIMATED COST:
DEVELOPER will cause an eight (8) inch diameter ductile iron gravity sanitary
sewer pipeline, encased inside a twelve (12) inch diameter steel casing, with manholes,
to be constructed for a distance of approximately 95 linear feet, from the north side of
Belair Road to the south side of Belair Road.
DEVELOPER agrees that it will conduct a competitive bid, adhering to the rules,
regulations, and guidelines of the Augusta- Richmond County Procurement Department, for
the construction of said sewer, and will adhere to all such rules, regulations and guidelines
in awarding said project.
DEVELOPER agrees to provide proof of such adherence to AUGUSTA.
DEVELOPER agrees to provide AUGUSTA, through its Utilities Department (AUD),
copies of all bids and bid documents.
AUGUSTA agrees that it will reimburse DEVELOPER a sum not to exceed
$70,000 (seventy thousand dollars) for the actual construction cost of the SEWER, upon
the fulfillment of the stipulations set forth in this document.
Said sewer, shall be constructed consistent with the applicable AUD, AWWA,
IFPA codes, Georgia Plumbing codes and any other standards, regulations and
requirements pertinent to water mains. The sewer also passes all required and
recommended testing. AUD may, but is not obligated to, monitor the construction of the
sewer.
Any and all easements required for this project are to be donated to AUGUSTA.
PAYMENT:
Upon the completion of said sewer, AUD will perform a final inspection to
determine that said sewer has been constructed to all applicable Standards,
Specifications and Codes, and that said sewer has passed all required and
recommended testing. If AUD determines that said sewer is acceptable to AUGUSTA,
a final inspection report will be forwarded to DEVELOPER and DEVELOPER will send
an itemized invoice to AUD. Once AUD approves the itemized invoice, payment to
DEVELOPER will be made within thirty (30) days of that approval.
STIPULATIONS:
Both parties understand and agree that:
1. This agreement is contingent upon the Augusta Commission approval of the
overall project and the Cost Sharing Agreement.
2. This agreement is contingent upon the construction of both Burgess Hills and
Cushendal Hills Subdivisions and the DEVELOPER'S completed construction of the
jack and bore per the tenants of this agreement.
3. No reimbursement will be considered until stipulation No. 2 is met.
The terms "DEVELOPER" and "AUGUSTA" as used herein shall be deemed to
mean their respective heirs, successors and assigns, and this Agreement shall inure to the
benefit of and be binding upon DEVELOPER and AUGUSTA and their respective heirs,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their
seals on the day and year above first written.
Signed, sealed and delivered in the presence of:
lE. WATI NS, i EN 6' . L, 0 TRACTOR, INC.
/, /� :Y ,,ir , r -
WITNESS Lando ph Edward Watk ns, III IF
As Its: CEO
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NOTA PUBLIC
2 t d it 15� County, State of (94
My Commission Expires: My Commission Expires on September 22, 2012
[NOTARY SEAL]
Attest:
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As Its: /a.�`�
BRIARCLIFFE'LA 1) ,i a PMENT, LLC
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WITNESS I "ar Watkins, III ,
As Its: Partner
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NO 1' Y PUBLIC
P are County, State of as
My Commission Expires: My Commission Expires on September 22, 2012
[NOTARY SEAL]
( / � � / 0 (,e ,e a inued on ne. .age.)
WIT S v B y: , ` Calvi /Br ce� / /'
NOT PUBLIC
County, State of GeOre3i CV As Its: Partner
My Commission Expires: My Commission Expires on September 22, 2012
(Notary Seal)
AUGUSTA - RICHMOND, GEORGIA
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WITNESS 1041 David S. Cope ver
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a� , J L2 ' " As It : Clerk of Commission
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NOTARY P IC
Richmond County, State of Georgia
My Commission Expires: ( JA.-1 /6
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