HomeMy WebLinkAboutBRIARCLIFFE LAND DEVELOPMENT MAINTENANCE AGREEMENT
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AUGUSTA LAW DEPT
501 GREENE ST
SUITE 302
~AUGUSTA,G..a. 30901-
Book 01187:0680 Augusta - Richmond County
200803657808/07/2008 11 :48:45.00
$12.00 AGREEMENT
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2008036578 Augusta - Richmond County
STATE OF GEORGIA
MAINTENANCE AGREEMENT
COUNTY OF RICHMOND
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THIS AGREEMENT, entered into this'"ht day of~, 2008, by and between Briarcliffe
Land Development, LLC, hereinafter referred to as "Developer", and Al]GUSTA, 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 COTSWOLD PLACE, as shown by deed contemporaneously
tendered and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in
Book/Ii? , page 677; 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 II f 7, page , 7 ?
(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 shaH be responsibie 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.
(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.
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Book 01187:0681 Augusta-Richmond County
200803657808/07/2008 11 :48:45.00
(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.
(Seal)
B'
Calvin H. Bruce, Jr.
As its: Member
AUGUST A, GEORGIA, COMMISSION
By: d :JAj/
As Its Mayor
(Seal)
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Filed in this office:
Augusta-Richmond County
08/07/200811 :48:45.00
- -elffine C Johnson
Clerk of Superior Court