HomeMy WebLinkAboutMAGOLIA RIDGE MAINTENANCE AGREEMENT (ROADS & STORM DRAINAGE) STATE OF GEORGIA ) (Roads & Storm Drainage)
MAINTENANCE AGREEMENT
RICHMOND COUNTY )
THIS AGREEMENT, entered into this j day of ei]eixb r , 2010 by and
between Notchuaway Land & Cattle 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 requests that the Augusta, Georgia Commission accept certain
roads, storm drains, and appurtenances in Magnolia Ridge (formerly Dennis Farms), as shown
on a plat prepared by James G. Swift & Associates, dated April 13, 2010 and which plat is
recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Deed
Re oe6r.6 , Page 6/(,2 .
WHEREAS, Augusta, Georgia has adopted a policy requiring the Developer to maintain all
installations laid or installed in the subdivision for a period of eighteen months, which Augusit
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) Augusta accepts the roads, storm drains, and appurtenances, respectfully described iR
the "Deed of Dedication" contemporaneously tendered herewith to Augusta, Georgia Commission,
which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgie,
in Realty Reef , 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 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, Augusta shall notify the Developer and
set forth in writing the items in need of repair. The Developer should present within fifteen
business days its proposed plan of repair and shall have the repairs completed at a reasonable
time.
(5) In the event of an emergency, as determined by Augusta, and the Developer is unable
to respond in a timely manner, Augusta shall be authorized to erect barricades, traffic direction
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devices and such other temporary measures as are necessary to remedy the emergency nature of
the problem 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 the costs of repairing the improvements due to
failure of material or poor workmanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set its hand and seal and Augusta has
caused the execution of the 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 Notchuaway Land & Cattle
in the presence of:
By: 4-
'` Evera Moye
1,l h.. As Its Sole Member
Ir• �;° ®' ` ® 2 f . Date: 41/S/ ?.010
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Augusta, Georgia Commission
by: - l _. (L.S)
�-�` v as the Mayor
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