HomeMy WebLinkAboutNordahl Homes Inc., Cambridge Subdivision
Augusta Richmond GA
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DOCUMENT NAME: 'fb'(CD\)\ ~~ \'\\t, , Wffib()dqe
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DOCUMENTTYPE:~X~ei\\~
YEAR: 0\
BOX NUMBER: \'5
FILE NUMBER: t \J2 fl 0
NUMBER OF PAGES:
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Return-To: County Attorney
" 454 Greene Street
, Augusta, GA 30901
Book 00788:2043 Augusta - Richmond County
200201507505/0812002 17: 11 :59.04
$000 AGREEMENT .
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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
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My Commlsslon Explres ". ~
Accepted By:
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t'test:
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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
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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
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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
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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
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Book 00788:2050 Augusta - Richmond County
2002015075 05/08/2002 17:t1 :59"04
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Sigrl€:q;';~~~;'J;~~.Led in our presence this
day of
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~\::~Y OF
~ MAYOR
ATTEST'~~
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Witnes
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:- l~~y tc:o~"",sHo~ 7'Expires
\. -';' :..,.~~~d County, Georgia
"~" 0/, "'~ ~~ Explres Jan. 4. 2005
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Filed in this office:
Augusta - Richmond County
r-_ Of'iL0812QQ'L1L1J.'5904
Elaine C. Johnson '-
Page 3