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HomeMy WebLinkAboutTONY W BURNELEY HEATHERS GLENN SUB J .'~ .. '" Book 00923:0329. Au~usta - Rtchmond County 2004015809 04/20/2004 09:53:45.01 $0.00 AGREEMENT _IIIIIIIIIIIIIIIIIIIIIII!III 111111111111111 1111I1111111111111 111I1I11I11i 1111I1111I111111111111111111111111I1111111111111 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. ., (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. j ." /-":-. Lo .. . .. Book 00923:0330 Augusta - Richmond County 2004015809 04/20/2004 09:53:4'5.01 ..... . . (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: /dL;;l~ Witness Tony E. Burneley Heathers Glenn Subdivision, Phase II By, j~O-;;;}E::Bu€~J n ({ fYI~ ~ Publ ic Notary PUblic, COlumbia Cou My Commi s s ion Expi re JAy Commission I:-'res Se t"ty, Georgla ~ p .12,2003 ....":..,\;:\;~~'.'\;;t..".,' r~'1... \ \..-:"tt. "....."1,." {f'.. '''. .~:..>',' .' , '.:":-<(~f"'" ~~;::\ \ ~'J ~_-,.r~.. : " :~;,~:; : , \~;~. ~_ ~ .,,;:-t' E ,...'. r', If) \I. \ \'v' ..', .. \:::.;: ,~:~;:.<~/ Accepted By: Filed in this office: Augusta - Richmond County 04/2_0/290~ 09:53:45.01 Elaine C. Johnson Clerk of Superior Court ia ~~ inB?~