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HomeMy WebLinkAboutG V S HOLDING THE RESERVES PHASE 1 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT FOR THE RESERVES, Phase I (Utility Water) . ..2;lC" S'-- THIS AGREEMENT, entered into this 151dayof o..-/1)~L , .2.O.G4;-by and between the G.V.S. Holding One hereinafter referred to as the "DEVELOPER", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "CITY." WHEREAS, the DEVELOPER requested that the Augusta, Georgia accept certain sewer lines, water lines and mains or mains, pipes, valves, and connections, and appurtenances for the subdivision, as shown by deed contemporaneously tendered and recorded in the office ofthe Clerk ofthe Superior Court of Richmond County, Georgia, in Realty Reel Page ; and WHEREAS, the CITY has adopted a policy requmng the DEVELOPER to maintain all installations laid or installed in the subdivision for a period of eighteen months, which the CITY accepts by deed; 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) The CITY accepts certain sewer lines, water lines and mains or mains, pipes, valves, and connections, and appurtenances for the subdivision, respectively described in the deed contemporaneously tendered herewith to the Augusta-Richmond County Commission, recorded in the office ofthe Clerk of the 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 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 eveot of such failure ofthe improvements, the CITY shaH notify the DEVELOPER and set forth i 0 wri ti 0 g th e item sin need of repair. The D EVELO PER shaH present, within fifteen h usin e55 days, its proposed plan of repair and shaH have the repairs completed in a reasonah\e time, as detenuined hy the CITY. (5) If, i 0 the eveot 0 f an emergency, as detenu i 0 cd hy the C ITV , the DE VE 1,0 I'E R is unable to respond io a timely manner, the CITY shaH be authorized to erect harrieades, traffic direction devices and such other temporary measures as are oecessary to remedy the emergency nature of the problem at the DEVELOPER'S expense and aHow the DEVELOPER time to make the needed repairs (6) In the event the DEVELOPER fails to comply with the tenus of this agreement, then the CITY shaH proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsib leto the CITY for paym ent in f u H 0 f costs 0 f repai ring the improvements due to fail UTe of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, the DEVF,LOPER has hereunto set his hand and seal and the CITY has caused the ex ec u ti on of th is agreement by and through its duly authorized 0 ffi eers and agents, with its seal affixed, the day and year first above written. SIGNED, SEALED, AND DELIVERED DEVELOPER in onr presence: /l ~;'7 /1 ~ . / A " U/ j ~ 1<----"- /Nc:J5' WltneSS G.V.S~lding One The Res(~7one G.B.Sharma , 'I' --,,'-:::--------.,"j-- , I Notary puollCp :L "L/-vL-v~"-C--1c...-- My co"oissioD ExJires . .' ti)lARt PUBUC R1CliMul~U WU\~\ 'i, GtUhIJ!f. .,UWp)N EXPIRES JULY 1, 200ll Accepted By: ~~~\l \ By .i\ Attest: