HomeMy WebLinkAboutWOOD CREEK L P MAINTENANCE AGREEMENT GRANDWOOD ESTATES PHASE I
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. .,
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James T. Plunkett, PC
429 Walker Street Upper Level
Augusta, Georgia 30901
Book 01198:2149 Augusta - Richmond County
2008050017 11/26/2008 10:05:20.01
$0.00 AGREEMENT
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2008050017 Augusta - Richmond County
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STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into this day of 2008, by and between WOODCREEK, L.P.,
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 Grandwood Estates, Phase I, 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 ~
page uf/~~ , 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 out, IT IS AGREED that:
(1) The City accepts the roads 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 !I~t , page;?/~6
(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, 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, the City 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.
Book 01198"2150 A . - -- -- -.
2008050017 1 ~~~~~2~~~m~~~~~~~6.01
(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.
WOODCREEK, L.P.
(,!r::J!or
(L.s.)
Ilbert, as General Partner
Augusta Richmond County, Georgia
Commission
U~4.0-
As Its Mayor
(L.S.)
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Attest:
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So +de Cde-o 'B /t:t
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",'if.:~'1'lh""""<!I.,;r.i.J ~a:iEBORAH H. MAY
,"'i\:';i,;i/\', ~~~~~b,lic~IUmbla County. Georgia
"',,;, \ 'COTl11ission expires August 15, 2010
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