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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 " 11111111111111111111111111011111111 2010046022 Augusta - Richmond County ksb 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 \i ,,,y�\ �._�_� "��.�a'G'_ • �, As its Partner NOTAR • Bit •0 73_ ro /u �, 21 d6t4nij/, Georgia My Com , p,4f ,�y0 Z(- Zv /y �'OUN:o� a / R WITN ESA„ ,,, A - I neth Richard Bailey R , � 4y W "[ - ,Lrnyyy' Nd R�( B11 tt : _ to =Ciity, Georgia As its Partner t71- 21.2014 = m riiiS Q n' x' O I - mil r' ''' �� - ern ���� " ° ��` 's . . . ; ' 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 NOTARY ryiBLIC I i, County, Georgia Q,, „ A C � f � 'fl ,t, � � /P / Attes /4_.�E4 ` / My Commis;> �� � � � �,� � ��� 0 \ ` G 1 ® 0�� ® . EST: ® ®� � # • % (9 o r e ® ,w I,�O� ~ y J' � �B f w 00000000000e r. > Filed in this office: Augusta - Richmond County 11/09/2010 12:45:31.01 ELAINE C. JOHNSON Clerk of Superior Court