HomeMy WebLinkAboutTHE ORCHARD GROUP MAINTENANCE AGREEMENT
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Book 01167:0209 Augusta - Richmond County
200800910003/06/2008 13:54:01.00
$0.00 AGREEMENT
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2008009100 Augusta - Richmond County
After recording, return to:
Augusta Utilities Department
Attn: Land Acquisition
360 Bay Street, Suite 180
Augusta, GA 30901
(706) 312-4143
STATE OF GEORGIA MAINTENANCE AGREEMENT
COUNTY OF RICHMOND (Utility Water)
THIS AGREEMENT, entered into this 1 qftlday of h.::;yl,() /u(.lg...Y , 2001
by and between the THE ORCHARD GROUP OF AUGUSTA, LLC, The Orchard S/fJ
Section 1, 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
I/~ '7 Page ,21/7 ; 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 ofthe 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-Richmond County
Commission, recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, in Realty Reel //U'7' Page ,{t?7
(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.
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Book 01167:0210 Augusta - Richmond County
2008009100 03/06/2008 13:54:01.00
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(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) I n 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 an~ agents, with its seal affixed, the day and year first above written.
SIGNED~;SEALED, AND DELIVERED DEVELOPER in our presence:
Ji#.:';'~'!:I: '.
THE ORCHARD GROUP OF
~ AUGUSTA, LLC
The Orchard SID, Section 1
By:
Administrator
Accepted AUGUSTA, GEORGIA
By:
~ By:
Title:
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