HomeMy WebLinkAboutWINDSOR TOWNHOMES LLC PHASE I MAINTENANCE AGREEMENT UTILITY WATER & SEWER
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Book 01211:0420 Augusta~-Richm;nd Cou~ty
200901035603/26/200913:43:2001
$0.00 AGREEMENT .
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2009010356 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
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR Windsor Townhomes, Phase I (Utility Water & Sewer)
THIS AGREEMENT, entered into this~ day of l..,rn~ , 2009, by and between
the Windsor Townhomes. LLC. Windsor Townhomes. Phase I hereinafter referred to as the
"DEVELOPER", and AUGUST A, 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 Ie; II Page t// (;, ; 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 ofthe Clerk of the
Superior Court of Richmond County, Georgia, in Realty Reel /d / / Page 1.// rP
(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 01211 :0421 Augusta-Richmond County
2009010356 03/26/2009 13:43:20.01
(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 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) In the event the DEVELOPER fails to comply with the terms ofthis 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 ofthis 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:
Windsor Townhomes, Phase I
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AS it's Member/Man
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ChrlS Jo nson
Witness
Notary Public Q. e ~ ~
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My Commission Expires
Attest:
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Accepted By:
NatIIy,~'G9}L!r1J~!a County, Georgia
)i .~'~~lrUg.21.2011 ~ By,
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Filed in this office:
Augusta-Richmond County
03/26/2009 13:43:20.01
ELAINE C. JOHNSON
Clerk of Superior Court