HomeMy WebLinkAboutCOEL DEVELOPMENT CO MAINTENANCE AGREEMNT (ROADS AND STORM DRAINAGE) SOUTHANPTON SECTION THREEMcLeodIDowling, Attorneys at Law
4420 Evans to Locks Road
Evans, Georgia 30809
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Roads and Storm Drainage)
Southampton Subdivision - Section Three
THIS AGREEMENT, entered into this _ day of da l , 2010, by and between
COEL Development Co., Inc. and Stephen Beazley Builders, . (collectively referred to as
"Developer "), and Augusta, Georgia, a political subdivision of the State of Georgia, acting by and
through its Commission ( "Augusta ").
WHEREAS, the Developer requested that the Augusta, Georgia, Commission accept certain
roads, storm drains, and appurtenances for Southampton, Section Three, as shown by deed
contemporaneously tendered and recorded in the office of the Clerk of Superior Court of Richmond
County, Georgia, in Realty Reel , page , and
WHEREAS, Augusta 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, storm drainage 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 Realty Real ,
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 or 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.
(5) In the event of an emergency, as determined by Augusta, and the Developer is unable to respond
in 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 cost of repairing the improvements due to failure of material or
poor workmanship as liquidated damages.
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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.
Signed, sealed and delivered
In the presence of:
tress
COEL DevelopBy: �(Seal)
As its: Pre ident
.-t Stephen Beazley Builders, Inc.
otary Public
r <� County, Georgia By: Z , , X (Seal)
Q i expires Q,t 3, e2pjo As its: President
�n
Accepted by Augusta Georgia
By and through its Commission
5 Af. By:
/to As he Mayor
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tt st: Jerk ommission