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HomeMy WebLinkAboutNORDAHL MAINTENANCE AGREEMENT ROADS STORMS DRAINAGE ." ., ~ Book 01166:2341 Augusta - Richmond County 2008008944 03/05/2008 14:55:47.04 $0.00 AGREEMENT 111111111111111111111111111111111111111111111111111111111111 2008008944 Augusta - Richmond County -.. Return to: County Attorney's Offiee 701 Greene St., Suite 104 Augusta, GA 30901 COUNTY OF RICHMOND ) ) ) MAINTENANCE AGREEMENT (Roads and Storm Drainage) STATE OF GEORGIA THIS AGREEMENT, entered into this ~ day of F~ ,,~, by and between NORDAHL & CO., 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, Developer requested that the Augusta, GeOrgi~mission accept certain roads, storm drains and appurtenances for Cambridge Section 12~~ shown by deed contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel //~lj ,page~; and WHEREAS, the City has adopted a policy requiring the Developer to maintain all installations laid or installed in the subdivision for a period of eighteen months, which Augusta accepts by deed; NOW, THEREFORE, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements hereinafter set cut, IT IS AGREED that: (1) The City accepts the roads and appurtenances, storm drains and appurtenances, respectfully described in the deed contemporaneously tendered herewith to Augusta, Georgia Commission, recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ..11i..L, page .J.U.1 (2) The Developer agrees to maintain all the installations laid or installed in said subdMsion as described in said deed for a period of eighteen months from the date herein. ". #, ~ Book 01166:2342 Augusta - Richmond County 200800894403/05/2008 14:55:47.04 \: (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said subdMsion 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 of the improvements, the City shall notify the Developer and set fortl1 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 at a reasonable time, as determined by Augusta. (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 at the Developer's expense and to 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 Augusta shall proceed to have the necessary corrective work done, and the Developer agrees to be responsible to Augusta for payment in full of costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WHEREOF, Developer has hereunto set his 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. By: As Its (L.S.) AUGUSTA, GEORGIA COMMISSION __~"ll>~''\." _':'~CHMOiV;'\, ~ "'~ ......,,~... ('0 .1 P ~c, .. "" 0 "~, : ~ .." .;- ... '~~ 'I.. JII (;;) . '. ,,~.~ ~: i.~ ~ :;:3:~ ~ ~,~ ...'" ~ ,,";.(1 ...' .,,4'". .sT/ .!!11!" ~' .' : _ ~,~\.;.:;.4~~ ( O-Jr(~ As Its Mayo ---- (L~4{ Filed in this office: Augusta - Richmond County 03/05/2008 14:55:47.04 Elaine C. Johnson Clerk of Superior Court