HomeMy WebLinkAboutNORDAHL & CO MANCHESTER SECTION 1 PHASE 11 MAINTENANCE AGREEMENT (ROADS AND STORM DRAINAGE)
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Book 01218:1567 Augusta - Richmond County
200902433406/01/2009 10:35:23.01
$0.00 AGREEMENT
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2009024334 Augusta - Richmond County
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SHEPARD, PLUNKffi,
HAMILTON & BOUDREAux, LLP
429 WALKER STREET UPPER LEVEL
AUGUSTA, GA 30901
STATE OF GEORGIA )
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COUNTY OF RICHMOND )
MAINTENANCE AGREEMENT
(Roads and Storm Drainage)
THIS AGREEMENT, entered into this .11 ~ay of #,.11 , 2011.1-, by and
between NORDAHL & Co., Inc., 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
certain roads, storm drains and appurtenances for Manchester Section I, Phase II, 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 /~ Jk , page /1-;1/1(, 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, ~hich
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 roads and appurtenances, storm drains and
appurtenances, respectfully 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 ;,;< If . page / ou~
(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.
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Book 01218: 1568 Augusta-Richmond County
200902433406/01/2009 10:35:23.01
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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
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, 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 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.
DEVELOPER
NORDA.:L , CO,. INC,
BY:~L'j . (L.S.)
AS ITS:j/?t24F.
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COMMISSION
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Filed in this office:
Augusta-Richmond County
06/01/2009 10:35:23.01
ELAINE C~J6HNS~ ---.~--
Clerk of Superior Court