HomeMy WebLinkAboutTONY W BURNELEY HEATHERS GLENN SUB
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Book 00923:0329. Au~usta - Rtchmond County
2004015809 04/20/2004 09:53:45.01
$0.00 AGREEMENT
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2004015809 Augusta - Richmond County
RETURN TO:
Stephen E. Shepard
701 Greene Street, Suite 701
I Augusta, Georgia 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Utility Water and Sewer)
THIS AGREEMENT, entered into this I i day of ~ D\{. ,2002, by and between
the Tony E. Burneley, Heathers Glenn Subdivision, Phase II 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 :3 7..~ 5 ; 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-Richmond County Commission, recorded in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Reel Page
(2) The DEVELOPER agrees to maintain all the installations laid or installed m said
subdivision as described in said deed for a period of eighteen months from the date herein.
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(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 00923:0330 Augusta - Richmond County
2004015809 04/20/2004 09:53:4'5.01
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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 ilJimely 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:
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Witness
Tony E. Burneley
Heathers Glenn Subdivision, Phase II
By, j~O-;;;}E::Bu€~J
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~ Publ ic Notary PUblic, COlumbia Cou
My Commi s s ion Expi re JAy Commission I:-'res Se t"ty, Georgla
~ p .12,2003
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Accepted By:
Filed in this office:
Augusta - Richmond County
04/2_0/290~ 09:53:45.01
Elaine C. Johnson
Clerk of Superior Court
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