HomeMy WebLinkAboutNORDAHL & CO MAINTENANCE AGREEMENT ROADS DETENTION STORM DRAINAGE SOUTHAMPTON SEC 1
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Book 01198:2163 Augusta - Richmond County
2008050022 11/26/2008 10:11 :19.01
$0.00 AGREEMENT
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2008050022 Augusta - Richmond County
Return to:
James T. Plunkett, Attorney
429 Walker Street, Upper Level
Augusta, GA 30901
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
(Roads, Detention and Storm Drainage)
THIS AGREEMENT, entered into this
day of
,lOOt, 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, Developer requested that the Augusta, Georgia Commission accept certain roads,
detention area, storm drains and appurtenances for Southhampton Sec 1, as shown by deed
contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond
County, Georgia, irf'Realty Reel 110?, page~ 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, which Augusta accepts by deed;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred by
Developer and the mutual agreements hereinafter set cut, IT IS AGREED that:
(1) The City accepts the roads and appurtenances, storm drains and appurtenances,
detention areas and appurtenances, respectfully described in the deed contemporaneously tendered
herewith to Augusta, Georgia Commission, recorded in the office of the Clerk of the Superior Court of
Richmond County, Georgia, in Realty Reel Ji!ll, 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.
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Book 01198:2164 Augusta - Richmond County
2008050022 11/26/2008 10: 11 : 19.01
(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, 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.
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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 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
NORDAHL & CO., INC.
(L.S.)
By:
As Its
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AUGUSTA, GEORGIA
COMMISSION
As rJ.y;w.(-
(L.S.)
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