HomeMy WebLinkAboutTHE ORCHARD GROUP OF AUGUSTA LLC MAINTENANCE AGREEMENT ROADS & STORM DRAINAGE) THE ORCHARD SECTION 1
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STATE OF GEORGIA
RICHMOND COUNTY
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(Roads & Storm Drainage)
MAINTENANCE AGREEMENT
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THIS AGREEMENT, entered into this :;~~ day of '-IM1>/ , .zG97-by and
between The Orchard Group of Augusta, LLC 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 The Orchard, Section 1, as shown on a plat prepared
by James G. Swift & Associates, datedXt~ (d ,2007 and which plat is recorded in the
Office of the Clerk of the Superior Court of ichmond County, Georgia in Deed Reel ,
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 Augusta, Georgia Commission,
which deed is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia,
in Realty Reel , 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.
(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.
The Orchard Group of Augusta, LLC
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as its: Member
(L.S.)
Augusta, Georgia Commission
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