HomeMy WebLinkAboutSOUTHERN SPECIALTY DEVELOPMENT MAINTENANCE AGREEMENT (UTILITY WATER) WALTON HILLS S/D SECTION VSTATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Water)
THIS AGREEMENT, entered into this _� day 0' 20U, by
and between the Southern Speciality Development Co W V,
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 of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel
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 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 Commission, recorded i the office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel Page
I (
(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 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.
SIGNED, SEALED, AND DELIVERED DEVELOPER in our presence:
c ~
W
t i ss
Notary Public
My Commission Expires Ct m't CS
Southern Speciality Development Co.
Walton Hills, Section V
By:
James Kile
As its: Treasurer
Attest:
Accepted by: