HomeMy WebLinkAboutFLOWING WELLS PARTNERS MASON MCKNIGHT JR PARKWAY MAINTENANCE AGREEMENTBook 01252:1857 Augusta - Richmond County
2010015563 03/17/2010 15:37:40.00
STATE OF GEORGIA MAINTENANCE AGREEMENT
MASON McKNIGHT JR. PARKWAY
COUNTY OF RICHMOND
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THIS AGREEMENT entered into this day of Ma;@h, 2009; by and between
FLOWING WELLS PARTNERS, LLC, 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 the road
and appurtenances known as Mason McKnight Jr. Parkway, 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 1o25a , page �� , and
WHEREAS, the City has adopted a policy requiring the Developer to maintain all roads laid
or installed 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 road known as Mason McKnight Jr. Parkway and appurtenances,
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 , page
(2) The Developer agrees to maintain Mason McKnight Jr. Parkway and appurtenances
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
Mason McKnight jr. Parkway 'or appurtenances as described in the deed due to failure of material
or poor workmanship, the Developer shall be responsible for adequate maintenance and repair.
Book 01252:1858 Augusta - Richmond County
2010015563 03/17/2010 15:37:40.00
(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.
(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.
FLOWING WELLS PAR
U 1 � (L.S.)
AS ITS:
AUGUSTA, GEORGIA
COMMISSION
As Its Mayor
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