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HomeMy WebLinkAboutSouthern Specialty Development Corp. Augusta Richmond GA DOCUMENT NAME ~e'((\ ~ 'DOJdc?'('(\-erIT- CD,? DOCUMENT TYPE: cg'(W'f)ef\-\- , YEAR: C\\ BOX NUMBER: D0 FILE NUMBER: \~d NUMBER OF PAGES: -...3 - -"\ . , ...., ;i " " ,. STATE OF GEORGIA COUNTY OF RICHMOND THIS AGREEMENT, entered into this ~ day of September 1997, by and between Southe~n Specialty Development Corp., hereinafter referred to as "Developer", and Richmond County, Georgia, a political subdivision of the State of Georgia, acting by and through its Commission/Council hereinafter referred to as "The County" ; ,WHEREAS, the Developer requests that the Richmond County Commission/Council accept certain roads, storm drains, sewerage and " water distribution system, in Walton Acres Subdivision Phase III as shown on a plat prepared by W. R. Toole Engineers, dated March 28, 1997 and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in deed reel page .-' WHEREAS, Richmond County has adopted a policy requiring the Developer to maintain all installations laid or installed in the subdivision for a period of twelve months, which the County accepts by deed; NOW THEREFORE, in consideration of the premises, the expense previously incurred by Developer and the mutual agreements t . .. ...,.. hereinafter set out, IT IS AGREED THAT: (1) The couiity~accepts the roads, storm drains, sewerage and water distribution, and appurtenances, respectfully described in the "Deed of Dedication" contemporaneously tendered herewi th to Richmond County Commission/Council, which deed is recorded in the Office of the Clerk .ofthe Superior Court of Richmond County, Georgia, in Realty Reel , page ...-., a. ''=\ .. (2) The Developer agrees to maintain all the installations laid or installed in said subdivision as described in said deed for a period of twelve. months from the date herein. (3) The Developer agrees that if during said twelve 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, the County shall notify the Developer and set forth in writing the items in need. of repair. The Developer should present wi thin fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time. (5) In the event of an emergency, as dete,rmined by the County, and the Developer is unable' to respond in a timely manner, the County 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 the County shall proceed to have the necessary corrective work done, and the Developer agrees to be responsible to the County for payment in full of the costs of repairing the improvements due to failure of material or poor .workmanship as liquidated damages. ,~ .. "> ~. .. r . IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and the County 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. Southern Specialty Development Corp. by: RICHMOND COUNTY, GEORGIA Commi . on/Council -, '" ~11~. Prepared by: James F. Findlay 1557 Gordon Highway Suite D Augusta, Georgia 30906