HomeMy WebLinkAboutSOUTHEASTERN FAMILY HOMES LICENSE AGREEMENT BELFAIR ESTATES SECTION 1
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Book 01200:2282 Augusta - Richmond County
2008052378 12/18/2008 15:33:27.02
$0.00 AGREEMENT
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2008052378 Augusta - Richmond County
Return to:
James T. Plunkett, P.C.
429 Walker Street, Upper Level
Augusta, Georgia 30901
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This License Agreement (" Agreement) is made and entered into as of this ~ day of
Septemeer, 2008, by and between SOUTHEASTERN FAMILY HOMES, INC, a Georgia
cotporation ("Licensor") and AUGUSTA, GEORGIA, a political subdivision of the State of
Georgia ("Licensee").
WI1NE SSE TH:
WHEREAS, Licensee owns or has rights in those certain roads located in Richmond
County, Georgia in Belfair Estates, Section I, as more particularly shown on a certain plat thereof
prepared by James G. Swift & Associates dated October 25, 2001, revised 11/30/01, and recorded
in the Office of the Oerk of Superior Court for Richmond County, Georgia at Plat Cabinet C, Slide
13 Plat F, incotporated herein by reference ("Roadway PropertY'); and
Whereas Licensor owns that certain tract or parcel of land located in Richmond County,
Georgia lying adjacent to or near the Roadway Property and being shown and designated as
"Retention Area (Private)" on the aforesaid plat ("Retention Area"); and
Whereas, Licensor has agreed to grant Licensee a non-exclusive License to use the Retention
Area for storm water drainage of the Roadway Property and, in the event that the Licensor fails to
maintain the Retention Area, a non-exclusive easement over, under and through the Retention Area
for such putposes; and
Whereas, the parties have agreed to the granting of such a license in accordance with the
terms and conditions set forth herein;
NOW, THEREFORE, Licensor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration, the receipt and the sufficiency of which is hereby
acknowledged, does hereby agree as follows:
1. Licensor, subject to the reservations herein set forth, does hereby grant and convey to the
Licensee, its successors-in-title and assigns, an irrev8~~ble license, right and privilege ("License")
over, under and across the Retention Area
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a) to utilize the Retention Area for storm water drainage of the Roadway Property; and
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Book 01200:2283 Augusta-Richmond County
2008052378 12/18/2008 15:33:27.02
b) in the event that the Licensor fails to maintain the Retention Area, a license over, under
and through the Retention Area as is reasonably required for ingress and egress for such
maintenance and repair to maintain and repair the Retention Area. The reasonable costs of such
maintenance and repair shall be paid by Licensor within thirty (30) days of receipt of an invoice for
the same from the Licensee and shall constitute a lien against the Retention Area in the event that
the same is not timely paid by the Licensor.
c) Licensee shall not have the right to grant to any other person or entity any or all of the rights,
privileges and licenses conveyed to Licensee under this License Agreement.
2. Reservation of Use Rights. The uses permitted under this License and the use of the Retention Area shall
be in common with the use thereof by the Licensor and its successors and assigns, which rights are
reserved by the Licensor. Licensor may use the Retention Area for any use consistent with the License.
3. Restrictions. Licensee shall not dispose of or permit the disposal of hazardous materials into the
Retention Area, nor shall it overburden it.
4. Licensee's Liability. Licensee shall be responsible for its own negligence or acts arising out of the use of
the Retention Area or its exercise of any other rights created hereunder and any and all actions, suits and
proceedings in connection with any claim or demand arising therefrom
5. Term The term of this License shall be for 99 years commencing with the date hereof, unless otherwise
extended by the parties.
6. Notices. Notices between the parties hereto in connection with the License shall be in writing and
delivered by u.s. Mail or by hand to the following addresses, and shall be deemed given on receipt:
Licensor:
Licensee:
Southeastern Family Homes, Inc.
2743 Perimeter Parkway
Building 100, Suite 370
Augusta, GA 30909
Augusta- Richmond County, Georgia
C/O
Augusta, GA 30901
7. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Georgia. .
Tlffie is of the essence hereof.
8. Release upon Transfer. If Licensor shall convey, transfer, assign or otherwise dispose of its interest in
the Retention Area, it shall thereupon be released and discharged from any and all liabilities and obligations
for the breach of any agreement occurring after the date of such conveyance, transfer, assignment or other
disposition, and such liabilities and obligations shall thereafter be binding upon the successor in tide to
Licensor.
Book 01200:2284 Augusta-Richmond County
2008052378 12/18/2008 15:33:27.02
In witness whereof, Licensor and Licensee have caused this Agreement to be duly executed and
delivered by and through their authorized officials and their seals affixed, the day and the year first above
written as the date hereof.
Signed, sealed and delivered on
the lSdayof September, 2008,
in the presence of:
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LYHOMES,INC
AUGUSTA, GEORGIA
By. ~(~
As its Mayor J!
By. "J)-e~ Cof'6j1.) +b4.lIeJi:-
As its: tJ;lA-y oL
Filed in this office:
Augusta-Richmond County
12/18/200815:33:27.02
ELAINE C JOHNSON
Clerk of Superior Court
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