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HomeMy WebLinkAboutNordahl Homes Inc., Cambridge Subdivision Augusta Richmond GA , DOCUMENT NAME: 'fb'(CD\)\ ~~ \'\\t, , Wffib()dqe SU~\\)\~OJ DOCUMENTTYPE:~X~ei\\~ YEAR: 0\ BOX NUMBER: \'5 FILE NUMBER: t \J2 fl 0 NUMBER OF PAGES: C\ Return-To: County Attorney " 454 Greene Street , Augusta, GA 30901 Book 00788:2043 Augusta - Richmond County 200201507505/0812002 17: 11 :59.04 $000 AGREEMENT . ~ 1 111111 111111I111 lIiillllllllllllll11llmIIllmmllllllll 2002015075 Augusta - Richmond County STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT (Utility Water) THIS AGREEMENT, entered into this.Jlt day of ~tf:!l ' 20,,,, by and between the Nordahl Homes Inc., Cambridge Subdivision, Section On 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 18~ Page~~,<+ ~,. ; 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 ofthe Superior Court of Richmond County, Georgia, in Realty Reel 1 co'i Page lD8lo et s~. . (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 ofthe 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. " Book 00788:2044 A,--- ---.--- - - - ..- 2002015'075 05~~s~~2- ROichmond County 02 17:11:59.04 (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 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: &u,f!~ Wlt ess By: Q . " .Q;?" ~O~ . '" ""J'1'" """'!l'0 Not ry Public ~~1'~S:1i1r !i'f,f~~I~.C~~~;m r~ ...r",' ',::, ';-\~~J " ,t:.-\r C"'~,\i'l,'.'J::;':;;;~i :1.:' y~ ,'''' ~'''''.''' . " ' My Commlsslon Explres ". ~ Accepted By: ~ Augus f~BY t'test: , ". "- ,,'1,'1 1 Book .00788:2045 Augusta - Richmond County - 2002015075 05/08/2002 17:11 :59.04 , . , STATE OF GEORGIA ) ) AGREEMENT COUNTY OF RICHMOND ) TIllS AGREEMENT, entered into thisJ1;i day of ~~ ,20:11, by and between NORDAHL & COMPANY, INC., 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-Richmond County Commission accept certain streets, storm drainage and sewer lines, water lines and mains or mains, pipes, valves, and connections, and appurtenances for Cambridge Subdivision, .- . Section One, as shown by deed contemporaneously tendered and recorded in the Office of the Clerk of Superior Comt of Richmond COlmty, Georgia in Realty Reel 78~ , page 1 ~ett . ~~.~ ; and WHEREAS, the CITY has adopted a policy requmng 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 agreements hereinafter set out, IT IS AGREED that: ..~"'. (I) The CITY accepts certain streets, storm drainage and 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 the Augusta-Richmond County Commission, recorded in the Office of the Clerk of Superior belo/e:t s0f. , page_. Court of Richmond County, Georgia in Realty Reel lSL\ . r....: '.. .., 1 Book 007882046 Augusta - Richmond County 2002015075 05/08/2002 17:11 :59.04 (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 of materials or poor workmanship, the DEVELOPER shall be responsible for adequate maintenance and repair. (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 maimer; 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. (7) Notwithstanding anything herein to the contrary, DEVELOPER and the CITY agree that the sidewalk areas located within the premises described ",t- ~I .: ' "... !.#, Book 00788:2n47 Augusta - Richmond County 2002015075 05/08/2002 17:11 :59.04 in the deed contemporaneously tendered herewith shall be warranted for a period of eighteen months from the date of their installation by section, and DEVELOPER, for the purpose of guaranteeing the warranty on said sidewalks, agrees to maintain and have available a letter of credit in the amount of $7,800.00 issued on a local lending institution to be approved by the CITY. DEVELOPER and the CITY agree that once every three months after the date hereof, the CITY shall inspect the progress of the construction of said sidewalks and the condition thereof and said letter of credit shall be reduced pro-rata as the warranty may expire on previously constructed sidewalk areas. (Said letter of credit is based on an amount of $600.00 per lot in front of which said sidewalks shall be constructed.) IN WITNESS WHEREOF, the parties have caused the execution of this agreement by and through their duly authorized officers and agents, with their seals affixed, the day and year first above written. BY: (SEAL) Signed, sealed and delivered in the presence of: ~ltL~~_~. 6~ lcu.d Witness "", """',,.N~~ D"" I'I/{ $" IO"J .,~", ~j,,,,,:"i;'J';'J'-"" or'll ICnM' '{""'. s~oo';,~::."'.J:; "-. c- f' r; ~ .., 4 ..., () 0 1 AUGUS ,i ~'<S:.".o_ .Ar o."'._;;;"~\ ..:J IIp,:- ,,"0/'" ~. , ~': ':v 00. '-P'. ~ \ ~-: :: 'J~! 'l fl\o ....~ ~~:: y. --.r.- . .,..., J ~ ~. \ ~ :~. ~ 1:.-(. ~. As Its Mayor ~ ,'" DD ~v ~ ~ : :.,~ - 1.. ? iii. '} '9 .....~t' ,..." ;i -.-~ s..... v ",..",.,.~ '>..' ~:~ '-1l.r "''CIQ?~oDC> _.~.~,J " . !/:;-11' "",'" '\1 ~ ~ '- [) .L9 " \ , \ o()~O;;J..O".Q ()~~ .;~: r _.:~;"~900 0'" . . ?tl ".:.<r.".~. . J.s ",::..' '2. t:;: .....tl.A.;~..,~~..-~ .:) ~ f..- i....... 0 . _' .:, (, ..- ,'#. \) . l: '. ~u ~ . ;~'~AL} .,,\\, .: . "'7....;Ji,,~~;;\.: v:" ~ ' . . ~ ;. Y xitl;I' . ( ~, Oc ~~ .. o~ .~.,' , '0'-,\ ~ 0 ~'. I ~ -1- ..,~ 0" '\'.~ " t..~ ~C"~e,,"oCl-. ,~." 1 C C.??t-""""!"".".1" ~ ~. ~ .. -. '-J;i,- ~ l . .. 'I'.." ... .... . .. .... ", Book 00788:2048 Augusta - RiChmon~ ~~u~ - . 2002015075 05/08/2002 17:11 :5~.04 STATE OF GEORGIA HOLD HARMLESS AGREEMENT CITY OF AUGUSTA WHEREAS, Nordahl & Co.. Inc. hereinafter called "Owner", is the owner of property located off Tobacco Road in an area known as Cambridge Subdivision, Section 1 and owns certain utility easements over said property,; WHEREAS, City of Augusta, Georgia, hereinafter called "Augusta", owns a detention area of 8.36 acres known as "detention area "A"; and WHEREAS, Owner has developed property around said easement(s) which is designed to have stormwater flow over said easement to a detention pond located adjacent to said property. NOW THEREFORE, Owner hereby indemnifies Augusta and agrees to hold Augusta harmless from all liability, loss, cost, damage, and expenses (including, but not being limited to, attorney's fees, court costs, and expenses or litigation) arising out of or in any manner connected with the use of any portion of said easement for stormwater flow to detention area. Without limiting the generality of the foregoing indemnification provisions, Owner further agrees that if any third party asserts a claim or files an action against Augusta in connection with any event or circumstance relating to said stormwater flow to the detention area, Augusta may defend itself against such claim or action; and in such event, Owner shall reimburse Augusta for any sums paid to any third party in damages, judgements, or settlement of Page 1 " . " Book O.07882Q49 Augusta - Richmond County 2002015075 05/08/2002 17:11 :59.04 " . such claim or action and for any reasonable cost and expenses (including, but not being limited to, attorney's fees, court costs, and expenses of litigation) incurred by Augusta in defending itself against such claim or action. This agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, assigns, employees, servants, representatives, and successors in title. The covenants and conditions contained herein shall run with the land, and this agreement shall be recorded in the Office of the Clerk of the Superior Court of City of Augusta, Georgia. Enforcement of the covenants and condition contained herein shall be by any proceeding at law or in equity. The remedies given to Augusta herein are distinct, cumulative remedies, and the exercise of anyone remedy shall not bar Augusta from exercising of any or all of its other remedies hereunder or under the aforesaid easement or any other right or remedy which Augusta has either at law or in equity. This agreement and the exhibit attached hereto constitute the full and complete agreement among Augusta and Owner with respect to all matters contained herein; and evidence of any prior or contemporaneous oral agreement or understanding shall be inadmissible to take from, add to, or alter the terms of this agreement. There is no consideration for this agreement other than the consideration herein expressed. This agreement may not be modified, rescinded, terminated, or amended, in whole or in part, except by written and recorded consent of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, or where the context so requires, caused same to be executed by its proper officers and its corporate seal affixed, on the date set opposite the execution of each. Page 2 .., .. ...";, ~ . . Book 00788:2050 Augusta - Richmond County 2002015075 05/08/2002 17:t1 :59"04 'I ,l;CI! ~. . :N~tfrC\}b~F'%~ 1 f~o~~ PtJbl~~~l!!~~~b 'lq.eo " ~ ~rii!P,ISslO~,~~~... at..... "-?:}--"'-'.- 1;;./....;,; >-.~:"~'~ ~ q..... ?.!..... ~Q.".,:lO.,,~ '" ;);.... .~~'\ a 'Q ? ",.1 .,. ~"'''' Sigrl€:q;';~~~;'J;~~.Led in our presence this day of jf/~~ . , 20~ ~\::~Y OF ~ MAYOR ATTEST'~~ ~r It) 'tntJ)~ Witnes . 'J ' , . .:.-N:otafyTfHb:+' -;:.. ~ :- l~~y tc:o~"",sHo~ 7'Expires \. -';' :..,.~~~d County, Georgia "~" 0/, "'~ ~~ Explres Jan. 4. 2005 . /.. ."........ o lID' .. . " j" \ ' .' r. ') . Filed in this office: Augusta - Richmond County r-_ Of'iL0812QQ'L1L1J.'5904 Elaine C. Johnson '- Page 3