HomeMy WebLinkAboutSIBLEY DEVELOPMENT LLC FORST PLACE, PAHSE 2-1 AND 2-B (UTILITY WATER DISTRIBUTION SYSTEM AND GRAVITY SANITARY SEWER SYSTEM) MAINTENANCE AGREEMENT Book 01276:1896 Augusta - Richmond County
2010042373 10/05/2010 15:27:28.01
$0.00 AGREEMENT
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2010042373 Augusta - Richmond County
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AUGUSTA LAW DEPARTMENT
501 GREENE STREET, SUITE 302
AUGUSTA, GA 30901 -4415
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOREST PLACE, PHASES 2 -A AND 2 -B
(Utility Water Distribution System and Gravity Sanity Sewer System)
THIS AGREEMENT, entered into this (/ day of J'vv. . >f4,L , 2010, by and between SIBLEY
DEVELOPMENT, LLC, a Georgia Limited Liability Company, hereinafter 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 water distribution system and
gravity sanitary sewer system, for the subdivision known as FOREST PLACE, PHASES 2 -A AND 2 -B, as shown by
a Deed of Dedication, 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 water distribution system and gravity sanitary sewer system for the
subdivision, 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 in said subdivision as
described in said Deed for a period of eighteen months from the date of final inspection and approval, that date
being March 11, 2009.
(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
or
• ' � Book 01276:1897 Augusta - Richmond County
2010042373 10/05/2010 15:27:28.01
of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined
by AUGUSTA.
(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 the CITY 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 year first above written.
SIBLE EV . I ' NT, LLC
Sianed, sealed and delivered in By:
William T Mooney
44( I r7 ( -t-
_.___ --`WI 'NESS
• As its: Member Manager
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NOTARY PUBLIC
' w County, Georgia
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My_ Commissian x ,, /; /i:.
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I G F cY AUGUSTA, GEORGIA
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- !� By:
WITNESS 461 Deke Copenhaver
t)a L/ / �y, )&'2a el 2 71 : Mayor
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