HomeMy WebLinkAboutTONEY E BUNLEY MAINTENANCE AGREEMENT
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I RETURN TO:
I Stephen E. Shepard
1 701 Greene Street, Suite 701
I Augusta, Georgia 30901
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Book 00923:0336 Augusta - Richmond County
2004015811 04/20/200409:53:4503
I $0.00 AGREEMENT
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j 2004015811 Augusta - Richmond County
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MAINTENANCE AGREEMENT
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT, entered into this
l<t
'11d
day of Getobar, 2003, by and between
TONY E. BURNLEY, hereinafter referred to as "Developer," and AUGUSTA, GEORGIA, a
political subdivision ofthe State of Georgia, acting by and through The Augusta-Richmond County
Commission, hereinafter referred to as "Augusta."
WHEREAS, the Developer requested that Augusta accept certain streets, sewer and utility
easements and lines, waterlines or mains, pipes and valves and connections for Heather's Glenn
Subdivision Phase 2, as shown by Deed contemporaneously tendered and recorded in the office of
the Clerk ofthe Superior Court of Richmond County, Georgia, in Realty Reel ~t pages -.331
, and that certain retention/sediment basin #1 referred to in Heather's Glenn Subdivision
Phase 1 Plat of Survey recorded in Realty Reel 713 at pages 152-161 and Realty Reel 713 at pages
162-171.
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;
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f Book 00923:0337 Augusta - Richmond County
2004015811 04/20/2004 09:53:45.03
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NOW, THEREFORE, in consideration ofthe 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, respectively described in the
Deed contemporaneously tendered herewith to Augusta, recorded in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Reel_ at pages
, and
that certain retention/sediment basin #1 referred to in Heather's Glenn Subdivision Phase 1 Plat of
Survey recorded in Realty Reel 713 at pages 152-161 and Realty Reel 713 at pages 162-171.
(2) The Developer agrees to maintain all the installments 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 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, 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 ofthe 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 ofthis agreement, then Augusta
shall proceed to have the necessary corrective work done, and the Developer agrees to be responsible
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Book 00923:0338 Augusta - Richmond County
2004015811 04/20/2004 09:53:45.03
to Augusta for payment in full of costs of repairing the improvements due to failure of material or
poor workmanship as liquidated changes.
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal, and Augusta has
caused the execution ofthis agreement by and through its duly authorized officers and agents, with
its seal affixed, the day and year first above written.
~o.~LD'. 0
TONY E. EY '::"J
AUGUSTA, GEORGIA
COMMISSION
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