HomeMy WebLinkAboutMAINTENANCE AGREEMENT ROADS & STORM DRAINAGE WALTON HILLS SECTION VSTATE OF GEORGIA ) (Roads & Storm Drainage)
MAINTENANCE AGREEMENT
RICHMOND COUNTY )
THIS AGREEMENT, entered into this t" day of 200 by and
between Southern Speciality Development Co., 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 Walton Hills, Section V, as shown on a plat prepared
by James G. Swift & Associates, dated jA,2ffj6 3 o 2004 and which plat is recorded in the Office
of the Clerk of the Superior Court of Richmond County, Georgia in Deed J I I , Page
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 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) Augusta accepts the roads, storm drains, and appurtenances, respectfully described
in the "Deed of Dedication" contemporaneously tendered herewith to Arugu'sta, Georgia
Commission, which deed is recorded in the Office of the Clerk of Superior Court of Richmond
County, Georgia, in Realty Reel .Q ' , Paged !�,9
(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.
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(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
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.
Southern Speciality Development Co.
by:
a es Kile
as its: Treasurer
Augusta, Georgia Commission ' 64 by: (L.S)
as the Mayor
ATT ST:
I rk of mmission
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(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 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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�—d) kr 5 d cc J�n
Notary Public
My Commission Expires C l0 1 A/ 0 �
Southern Speciality Development Co.
Walton Hills, Section V
By:
James Kile
As its: Treasurer
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Attest:
Accepted by:
AUGUSTA, GEORGIA
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