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HomeMy WebLinkAboutMAINTENANCE AGREEMENT 338 PEACH ORCHARD ROAD GRAVITY SANITARY SEWER SYSTEMI V After recording, please return to: Sandra Tyler Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 STATE OF GEORGIA COUNTY OF RICHMOND Book 01263:2186 Augusta - Richmond County 2010027828 06/17 /201014:52:32.00 $0.00 AGREEMENT 111111 ii1111111 iii111111111111111111111111111111 Jill Jill 2010027828 Augusta - Richmond County MAINTENANCE AGREEMENT 3338 Peach Orchard Road (Gravity Sanitary Sewer System) THIS AGREEMENT, entered into this / day of 2010, by and between STEPHEN H. STEINBERG AND MARK S. DONAHUE, h reinafter referred to as the "DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the "AUGUSTA': WITNESSETH WHEREAS, the DEVELOPER has requested that AUGUSTA accept the gravity sanitary sewer system for located at 3338 Peach Orchard Road, as shown by a Deed of Dedication (Utility) and Easement Deed, contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, with this document; and WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months; 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) AUGUSTA accepts the gravity sanitary sewer system located at 3338 Peach Orchard Road, respectively described in the Deed contemporaneously tendered herewith to the Augusta- Richmond County Commission. (2) The DEVELOPER agrees to maintain all the installations laid or installed, as described in said Deed, for a period of eighteen months from the dateof final inspection and approval, that date being March 17, 2010 (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. (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 shall present, within fifteen business days of the date of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined by AUGUSTA. Book 01263:2187 Augusta - Richmond County 2010027828 06/17/2010 14:52:32.00 (5) If, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER is unable to respond in a timely manner, AUGUSTA 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 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, the DEVELOPER has hereunto set its 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 ye r first above writl n PHEN H. STEINBERG NOTARY PUBLIC U County, � a My Co mission Expires: ` TNESS NOTARY PUBLIC My Commission Expires: County, Georgia O� o PU0 c no ��' a aaae�ue��i� ► � CD DONAHUE AUGUSTA, GEORGIA B y : � :� WITNES �( ,((p David S. Copenhave Z Or'�'.� ,/ �y)d� As Its: Mayor NOTAR ��v LIC Rj and County, Georgia G'QitC/l7�iafl Notary Pub!7q, ✓ My Commission .ExpiresMy Cca s e 7, ,20dtes CI rkof mission ID i 'J� it M Book 01263:2188 Augusta - Richmond County 2010027828 06/17/2010 14:52:32.00 EASEMENT PLAT SE aRivE MEL?\ �0 1 6 BLOCK - E' (7SI�TE:, (NA�L�1 TAB - �ct#ARb TIMOTHY E. CO LAND (PARCEL 'A "1 20• SAN. SWR. ESMT. LLJ ' - - 0.07 AC.l3128 SO FT m � m C> Z B OCK `B" \ \ \ \ \ 20 o =w SEWER EASEMENT FROM TAX PARCEL 122 - - 103 - p Z y PWR POLE TO TOB I N S TREE T T. 0 ' ./ s w� SS M Z d , ',w TOP - 167.76 LLJ 8 72" SO 12 - E 157.56' '! 'r IE- 159.76 376' (FIELD kEASURED) N CL _ . LLJ EX I ST 1 N O . S EWER L 1 NE O Q 1- i S8'12 "� 16 2" GO SLOW r-oPEN PO /NT �� TOP S- C/7 TOP FND • EXISTING FENCE -ALONG P/L / COMP. / PO /NT SSMH TOP - 166.71 LINE BEP ING DISTANCE a IE- 159.51 M L 1 S 0 34.24' �� L'2 0T 28 - E 20.28' n i ! O 122-3-163-00 (FREEMAN) - / EXISTING 20' DRAINAGE Q UT/LtTY EASEMENT r -CR /MP N 73. 11'20'w 170.96 TO - OP EN NN Filed in this office: / TOP FND. Augusta - Richmond County 122 1 - 00 - 0 06/17/2010 14_5_2_32.00 ( TRACT "B" ELAINE C. JOHNSON Clerk of Superior Court IN MY OPINION. THIS PLAT IS A PLAT TITLE AUGUSTA - R I C HMOND SOB � H08064 CORRECT REPRESENTATION OF THE BLOC COUN SID. OF CO MM . ORD. BY: MARK DONAHUE LAND PLATTED AND HAS BEEN PRE- PARED IN ACCORDANCE WITH THE LOCATION: PLAT SHOWING A 20" SANITARY SEWER EASEMENT RUINING ACROSS MINIMUM STANDARDS OF LAW. PROPERTY OWNED BY TIMOTHY E. COPELAND - 2002 MELROSE DR. AKA: TAX PARCEL 122-3- 097 -00 -0 Q R G A UGUSTA - RICHMOND COUNTY STATE OF GEORGIA �. .4 `A cn111 PUVNT • I REFERENCES : R I CHMOND COUNTY