HomeMy WebLinkAboutPINNACLE PROPERTIES INC PINNACLE PLACE PHASE 6 SECTION IV
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SHEPARD, PLUNKi '
HAMILTON & BOUOFH ,c' I
~ 429 WALKER STREF' . V -'.:
AUGII~TA r..^ ?f1l"1
STATE OF GEORGIA
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RICHMOND COUNTY
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00011. U IL.l 0:1 00.:l Augusta - t<lcnmonCl Lounty
200902434206/01/200910:58:24.02
$0.00 AGREEMENT
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2009024342 Augusta - Richmond County
(Roads & Storm Drainage) -
MAINTENANCE AGREEMENT
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THIS AGREEMENT, entered into this 3 r day of F~~QrY ,2007 by and between
Pinnacle Properties, 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 Pinnacle Place, Phase 6, Section IV, as shown on a plat
prepared by James G. Swift & Associates, dated May 18, 2007 and which pl~t is recorded in the
Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed~ '%. tl/J, Page
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WHEREAS, Augusta, Georgia 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 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 ~/R, Page /'f1{j.
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(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 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, 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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Book 01218:1584 Augusta-Richmond County
200902434206/01/2009 10:58:24.02
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(5) In the event of an emergency, as determined by Augusta, and the Developer is unable to
1espond 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) 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 the 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~
Pinnacl Properties, Inc.
(L.S.)
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Augusta, Georgia Commission
by: Cj?~*
as the M r
(L.S)
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Filed in this office:
Augusta-Richmond County
06/01/200910:58:24.02
ELAINE-C~JbHNs6N
Clerk of Superior Court
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