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HomeMy WebLinkAboutWOODCREEK GRANDWOOD ESTATES PHASE 1 MAINTENANCE AGREEMENT (UTILITY WATER SEWER , . .' . 1\ . ~ t 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 111111111111111111111111111111111111111111 111111111111111111 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 . (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 w~~ c: -/.Y-~- AS it' s ~ Owner/Developer Witness Notary Public ~O?~ My Commission Expires ./~~~~~~\~;::::.';\::..,. ~~.Georgi8 My ~g.21t2011 Augusta, Georgia By: C~ ~A'.t-- I.... /' Its M 'i\"~ Mo~ ',.. I ,~ ., . +f Attest: .\ ) ~t) -(/1 r);~;:~l,';:';+:, "' .~ ..;l i J~b-"'" , , l~~r',~~~~~.{rk~:e~;;: .:; v j'i 1} \ c,',#,;(a. ~'" :a ,p ..~'.~:i;-d'"j',r' ~\J"'~~1,..~1;."'> :., '. '~'i?t>,'.~i~{ 'Tlf'\~(,~ :f ,.tJ~" ~ . '. .;~,' ',' ,.;_,}:,?~~ _,,~!#~~,t., ~ rf,\ \\.l~iY " J../n08 JopadnS JO )fJa/8 NOSNHOr 8 3N/'v'l3 . EO"OG':SO:O~ gOO~/9~/L L I AJuno8 pUOW4~!~ - eJsnBnV :a~!JJo S!4J U! pal!=l ::- ~~IM"I'lI1' '/' l' i';' I " . f I f i , ~ . ijl~l,i'fJf,I",f~ ~i ~ ,I . ,I ,i " Uf J ~ , ~~If- if 1/111111111/1111111 d i~ ~I ;1 ~} i} ~~ ~I i I cI.~.r.%.%.:zf_t~ 1- ! 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