HomeMy WebLinkAboutBAILEY DEVELOPMENT LLC MAINTENANCE AGREMENT FLOWING WELLS ROAD SANITARY SEWER AND FLOWING WELLS BUSINESS PARK Book 01281:0543 Augusta - Richmond County
2010046022 11/09/2010 12:45:31.01
$0.00 AGREEMENT
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2010046022 Augusta - Richmond County
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AUGUSTA LAW DEPARTMENT
501 GREENE STREET, SUITE 302
AUGUSTA, GA 30901 -4415
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
Flowing Wells Road Sanitary Sewer
and
Flowing Wells Business Park
(Gravity Sanitary Sewerage Trunk Pipeline)
THIS AGREEMENT, entered into this £ 1 day of if OV 60#11"6/ / , 2010, by and between BAILEY
DEVELOPMENT, LLC, hereinafter referred to as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA ":
WITNESSETH
WHEREAS, the DEVELOPER has requested that AUGUSTA accept the gravity sanitary sewer system for
Flowing Wells Load Business Park, as shown by a Deed of Dedication (Utility) and Easement Deed,
contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, with this document; and
WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and
systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months;
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) AUGUSTA accepts the gravity sanitary sewerage trunk pipeline located on Flowing Wells Road and
on the property to be developed as the Flowing Wells Business Park, as described in the Deed contemporaneously
tendered herewith to the Augusta- Richmond County Commission.
(2) The DEVELOPER agrees to maintain all the installations laid or installed, as described in said Deed,
for a period of eighteen months from the date of final inspection and approval, that date being August 4, 2010.
(3) The DEVELOPER agrees that, if during said eighteen month period there is a failure of the
installations laid or installed, as described in the Deed, due to failure or poor workmanship, the DEVELOPER shall
be responsible for adequate maintenance and repair.
•
Book 01281:0544 Augusta - Richmond County
2010046022 11/09/2010 12:45:31.01
(4) In the event of such failure of the improvements, AUGUSTA shall notify the DEVELOPER and set
forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business days of the date
of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined
by AUGUSTA.
(5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER is unable to
respond in a timely manner, AUGUSTA 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 AUGUSTA shall
proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible to AUGUSTA
for payment, in full, of the costs of repairing the improvements due to failure of material or poor workmanship as
liquidated damages.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set its 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.
BAILEY 9 ? . OPMENT, L
THE y • s Aph . ,c'' %, Richard E. Bailey
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�._�_� "��.�a'G'_ • �, As its Partner
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; ' 4 1 Book 01281:0545 Augusta - Richmond County
2010046022 11/09/2010 12:45:31.01
AUGUSTA, GEORGIA
/ed . By: C--j2%;(?11 .
WITNESS O 74-.' V 7
6t/ 4 - David S. Copenh er
1 ? ' / ��= Its: Mayor
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Filed in this office:
Augusta - Richmond County
11/09/2010 12:45:31.01
ELAINE C. JOHNSON
Clerk of Superior Court