HomeMy WebLinkAboutCOEL DEVELOPMENTCO MAINTENANCE AGREEMENT SOUTHAMPTON SECTION FOUR-B AND FIVE UTILITY WATER SEWER
Book 01198:2196 Augusta - Richmond County
2008050032 11/26/2008 10:25:52.03
$0.00 AGREEMENT
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2008050032 Augusta - Richmond County
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR Southampton, Section Four-B and Five (Utility Water & Sewer)
THIS AGREEMENT, entered into this ~ day of ()u , 2008, by and between
the Coel Develooment Co.. Southamoton. Section Four-B and Five hereinafter referred to as the
"DEVELOPER", and AUGUST A, GEORGIA, a political subdivision ofthe State of Georgia, hereinafter
referred to as the "CITY."
WHEREAS, the DEVELOPER requested that the Augusta, Georgia accept certain sewer lines,
water lines and mains or mains, pipes, valves, and connections, and appurtenances for the subdivision, 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 / / if'? Page /f? / tl;;{ ; 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 the CITY accepts by
deed;
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) The CITY accepts certain sewer lines, water lines and mains or mains, pipes, valves, and
connections, and appurtenances for the subdivision, respectively described in the deed contemporaneously
tendered herewith to the Augusta-Richmond County Commission, recorded in the office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Reel / / f1% Page p /t7b? .
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(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 poor workmanship,
the DEVELOPER shall be responsible for adequate maintenance and repair.
Attest:
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I! ;s;roiministrator :;. ~
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Book 01198:2197 Augusta - Richmond County' I
2008050032 11/26/2008 10:25:52.03
(4) In the event of such failure ofthe 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 in a reasonable time, as determined by
the CITY.
(5) If, in the event of an emergency, as determined by the CITY, 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 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 the
CITY shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be
responsible to the CITY for payment in full of costs of repairing the improvements due to failure of material
or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal
and the CITY 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 DEVELOPER in our presence:
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Witness
Coel Development
Southampton, Section F
AS it'
Land Deve
Manager
Nota~y Public l1tQ~
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Book 01198:2198 Augusta - Richmond County
2008050032 11/26/20~~~ ~1_0:2.5:52~~~
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Filed in this office: t
Augusta - Richmond Coun y
11/2,,@08 1Q.:25.,.5.2,Q3_ --
ELAINE C JOHNSON
Cieri< of Superior Court
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