HomeMy WebLinkAboutAYLESBURY L P B PROPERTIES MAINTENANCE AGREEMENT PHASE 11STATE OF GEORGIA MAINTENANCE AGREEMENT
COUNTY OF RICHMOND
THIS AGREEMENT, entered into thi� day of Z� , -26 , by and
between L.P.B. PROPERTIES, INC., hereinafter referred to as 'Developer," and AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and through its
Commission, hereinafter referred to as "Augusta."
WHEREAS, the Developer requested that the Augusta, Georgia, Commission accept
certain roads, storm drains and appurtenances for AYLESBURY COMMONS, PHASE II, as
shown by deed contemporaneously tendered and recorded in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in Book , 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 Augusta
accepts by deed;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred
by Developer and the mutual agreements hereinafter set out, IT IS AGREED that:
(1) The City accepts the roads and appurtenances, respectfully described in the deed
contemporaneously tendered herewith to the Augusta, Georgia, Commission, recorded in the
office of the Clerk of the Superior Court of Richmond County, Georgia, in Book , page
(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
material 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 at a
reasonable time, as determined by Augusta.
f .
(5) In the event of an emergency, as determined by Augusta, 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 to 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
Augusta shall proceed to have the necessary corrective work done, and the Developer agrees to
be responsible to Augusta for payment in full of costs of repairing the improvements due to
failure of material or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set his hand and seal, and Augusta
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.
L.P.B. PROPERTIES, INC.
BY: (L.S.)
AS ITS: PRESIDENT
AUGUSTA, GEORGIA
COMMISSION
ACM, As Its Mayor