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HomeMy WebLinkAboutGREATER AUGUSTA ASSOCIATION OF REALTORS INC MAINTENANCE AGREEMENET WEST WHEELER PARKWAY AND ROY ROAD UTILITY WATER & SEWER Book 01211 :0427 Augusta - Richmond County 2009010358 03/26/2009 13:45:24.00 $0.00 AGREEMENT 11111111111111111111111111I111111111111111 111111111111111111 2009010358 Augusta - Richmond County After recording, return to Augusta Utilities Department Attn: Land Acquisition 360 Bay Street, Suite 180 Augusta, GA 30901 (706)3124143 STATE OF GEORGIA COUNTY OF RICHMOND '1 THIS AGREEMENT, entered into this ~ day of Yf\ ~~ , 200~ by and between the GREATER AUGUST A ASSOCIATION OF REAL TORS, INC., NORMAN B. PURSLEY, JR., GEORGE C. PURSLEY, AND ROBERT D. McMORRIS, hereinafter referred to as the "DEVELOPER", and AUGUST A, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "CITY." MAINTENANCE AGREEMENT , WEST WHEELER PARKWAY AND ROY ROAD (Utility Water & Sewer) 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 development of property located between West Wheeler Parkway and Roy Road, , as shown by deed recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Plat Cabinet D. Slide 47, Plat G.; and WHEREAS, the CITY has adopted a policy requiring the DEVELOPER to maintain all installations laid or installed in such developments 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 development, respectively described in the deed contemporaneously tendered herewith to the Augusta-Richmond County Commission, recorded in the office ofthe Clerk ofthe Superior Court of Richmond County, Georgia, in Realty Reel /;( / / Page {/2~ (2) The DEVELOPER agrees to maintain all the installations laid or installed III said development as described in said deed for a period of eighteen months from the date herein. Book 01211 :0428 Augusta-Richmond County 2009010358 03/26/2009 13:45:24.00 (3) The DEVELOPER agrees that, if during said eighteen month period there is a failure ofthe installations laid or installed in said development 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, the CITY shall notify the DEVELOPER and set forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business days, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined by the CITY. (5) If, in the event of an emergency, as determined by the CITY, the DEVELOPER is unable to respond in a timely manner, the CITY 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 the CITY for payment in full of costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal and the CITY 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. GREATER AUGUSTA ASSOCIATION OF REALTORS, INC. By: ~ yJf \~.MM:f Its: 'f?~ Attest: ~ Its: '-.~ . Ps- HUh' jll/d--f;,{~ . . Book 01211 :0429 Augusta-Richmond County 2009010358 03/26/2009 13:45:24.00 ---.- SIGNED, SEALED AND DELIVERED in the presence of: .--;--- /eulavJ ~\\\\\1II"""1,,, ~,\'\ I\. TAZC ""~ ~...,~I"'....... '4 ~ ~ ~.~~\SSIOI{~'~1: ~ .... l::) ..c,O ~..~ ~ ::: ::... JUNE ~'. ~ ::: ..:t lI). -- =*= :~ \ i.~'e.'b.-J()~o.12. ~/ j ~ .~~ '<- ~. ;:: ~ "~$IA ~~o" ~~ O'~'" co., ..' ... ~ ~'" ..~ ,.If ..... ~'v ., '1'/'" " Fi """', EORG SIGNED, SEALED AND DELIVERED in the presence of: - SIGNED, SEALED AND DELIVERED in the presence of: l r f'\ ~\\\\"'""""'" R2c.. iQ....r"\, \~ ~~'~~f>...!.~.?.c:/'I'/~ ~ ~.':..,~\$SIOI{~...:.p~~ ;: "0'" .......,..~. :'- ~ . ,^.-r -:::. .:: .~ -~. ..".. - -.:&- U)- :::. ~#ciOI-a 30 ~*g 0;; \ '.C).. 2012 ~: ::: ~ ..,?~~ ~: $ "" A.'.v"" GO.'''' '" ~-Y.;O',&IACO ~".' ~~ ~ '}'.;.... .;,..,~v ~ '/'II,,"/iV pU ~\\,,,, 111'11I11 \1\\\\\\\ Augusta Richmond County 1-27-00 . 1& Book 01211 :0430 Augusta-Richmond County 200901035803/26/2009 13:45:24.00 ---~----------------- ACCEPTED BY: AUG~ GEORGIA BY: ~~ Its Mayor . (SEAL) Filed in this office: Augusta-Richmond County 03/26/2009 1J:45~~~~_~__~_ -- ELAINE C. JOHNSON Clerk of Superior Court