HomeMy WebLinkAboutWOODCREEK GRANDWOOD ESTATES PHASE 1 MAINTENANCE AGREEMENT (UTILITY WATER SEWER
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James T. Plunkett, PC
429 Walker Street Upper Level
Augusta, Georgia 30901
Book 01198:2158 Augusta - Richmond County
2008050019 11/26/2008 1 0:05:20.03
$0.00 AGREEMENT
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2008050019 Augusta - Richmond County
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
FOR GRANDWOOD ESTATES, PHASE I (Utility Water & Sewer)
THIS AGREEMENT, entered into this -L day of 01' j- , 2008, by and between
the Woodcreek. L.P.. Grandwood Estates. Phase I hereinafter referred to as the "DEVELOPER", and
AUGUST A, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the
" CITY. "
WHEREAS, the DEVELOPER requested that the Augusta, Georgia accept certain sewer lines,
water lines and mains or mains, pipes, valves, and connections, and appurtenances for the subdivision, 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 //C/i Page c9,//lf ; 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 the CITY accepts by
deed;
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) The CITY accepts certain sewer lines, water lines and mains or mains, pipes, valves, and
connections, and appurtenances for the subdivision, respectively described in the deed contemporaneously
tendered herewith to the Augusta-Richmond County Commission, recorded in the office of the Clerk ofthe
Superior Court of Richmond County, Georgia, in Realty Reel Iff!! Page .2/~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 or poor workmanship,
the DEVELOPER shall be responsible for adequate maintenance and repair.
Book 01198:2159 Augusta - Richmond County
2008050019 11/26/2008 ~ 0:05:20.03
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(4) In the event of such failure of the improvements, the CITY shall notify the DEVELOPER
nd set forth in writing the items in need of repair. The DEVELOPER shall present, within fifteen business
ays, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined by
le CITY.
(5) If, in the event of an emergency, as determined by the CITY, the DEVELOPER is unable to
espond in a timely manner, the CITY shall be authorized to erect barricades, traffic direction devices and
uch other temporary measures as are necessary to remedy the emergency nature of the problem at the
)EVELOPER'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
:ITY shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be
esponsible to the CITY for payment in full of costs of repairing the improvements due to failure of material
Ir poor workmanship as liquidated damages.
IN WITNESS WHEREOF, the DEVELOPER has hereunto set his hand and seal
ld the CITY has caused the execution of this agreement by and through its duly authorized officers
ld agents, with its seal affixed, the day and year first above written.
SIGNED, SEALED, AND DELIVERED DEVELOPER in our presence:
Woodcreek, L.P.
Grandwood Est Phase I
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~ Owner/Developer
Witness
Notary Public
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My Commission Expires
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Augusta, Georgia
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