HomeMy WebLinkAboutCOEL DEVELOPMENT MAINTENANCE AGREEMENT FOR SOUTHAMPTON ROADS AND STORM DRANAGE
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James T. Plunkett, Attorney
429 Walker Street, Upper Level
Augusta, GA 30901
Book 01198:2188 Augusta - Richmond County
2008050030 11/26/2008 10:25:52.01
$0 00 AGREEMENT
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2008050030 Augusta - Richmond County
MAINTENANCE AGREEMENT
(Roads and Storm Drainage)
THIS AGREEMENT, entered into this ~ day of ~ ,2008, by and
between COEL DEVELOPMENT CO., INC & STEPHEN BEAZLEY BUILDERS,
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 Southampton, Sections IVB
& V , as shown by deed contemporaneously tendered and recorded in the office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ~j page
;?/gfo , 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, 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 Reel / /fl , Page Jl Iff.
(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.
(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.
. .
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Book 01198:2189 Augusta - Richmon.d County
2008050030 11/26/2008.10:25:52.01
(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.
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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.
Coel Deve~.
By:
As Its: President
Steph~~ ~c.
By. i. ./
As Its: President
AUGUST A, GEORGIA
COMMISSION
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Return to:
James T. Plunkett, Attorney
429 Walker Street, Upper Level
Augusta, GA 30901
Book 01198:2188 Augusta - Richmond County
200805003011/26/200810:25:52.01
$0 00 AGREEMENT
\ IlIlillll\\ 11111 1111\ \1\\\ 1111\ 111111111111111 111111111 1111
2008050030 Augusta - Richmond County
MAINTENANCE AGREEMENT
(Roads and Storm Drainage)
THIS AGREEMENT, entered into this ~ day of~' ,2008, by and
between COEL DEVELOPMENT CO., INC & STEPHEN BEAZLEY BUILDERS,
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 Southampton, Sections IVB
& V , as shown by deed contemporaneously tendered and recorded in the office of the
Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel ~j page
:? I ;:do , 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, 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 Reel / /fl , Page J11.!f.
(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.
(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.
. , '
Book 01198:2189 Augusta - Richmon.d County
2008050030 11/26/2008.10:25:52.01
(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.
Coel Deve~c.
By:
As Its: President
~~;h~;t; ~4c~
As Its: President
AUGUSTA, GEORGIA
COMMISSION
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