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HomeMy WebLinkAboutWyatt Development Co Augusta Richmond GA DOCUMENT NAME: W ya ++ Deuel{) ptnU11- W. DOCUMENT TYPE: 'Ue d BOX NUMBER: YEAR: / qqw } } J- 71; FILE NUMBER: NUMBER OF PAGES: /5 LARRY E. SCONYERS Chairman FREDDIE L, HANDY Vice-Chairman BOfiRDOf IC'Olo/IlY[[SSIT,ONERS HENRY H, BRIGHAM JERRY BRIGHAM Wm, 'WILLlE' H, MAYS, III LEE NEEL, III J, B, POWELL MOSES TODD ROOM 605 'CITY"COUNTY MUNICIPAL SLOG, (11) LINDA W, BEAZLEY County AdmlnlsUator , AUGUSTA, GEORGIA 30911 APPROVED c, ,(706) 821'2488 Fax ~o, (706) 722-5984 ,JUN 4 WALTER S, HORNSBY. III Ass!. County Admlnlstrato, 1996 May 22, (AUGUSTA.RICHMOND COUNTY COIrIMISSIONU 19 TI- _-e ..,~~,,=-. '-",~'-'. ;...,~~.~'\ . $J._.:~.~"" ",~" . ~~ . :,...:.;. 'x ~ l~ y..t/~ ,{4.: \ p.:.. ,. :~'l.l .~': ~;... : ;.1 : .J '.,..\: : ~ \ ;~.7 ~ :~.' :: ~ 1 ~ \i '~". ."-.., " ..... '.,' .~':'" . ,', II ~.....; " ,.: ~ n ~ \~~':5 ',,:v''-'~ . :>:, ~..;~ ~ fi J ~ fA\ ~. '.<". :1 ~~~. :~~:.d , ... UAv '" ~ 'ICQc --- I.' I J ,. (;: .......", L' JAMES B, WAU County Attorney Reply To: p, 0, BOX 2125 Auguste. GA 30903 Mr. Charles Dillard Interim Administrator - Operations 8th Floor, City-County Bldg. Augusta, GA 30911 RICHMON!) Cr:Gi'H'=' . ,'_, _ 'O"I"S,,,.').!r~" li-,."t BOARD Of L ", .11, ~"'..J:H:,..; ~",' Dear Charles: I am enclosing a copy of a letter from John Flynt, together with the originals of the Deed of Dedication, Maintenance Agreement, and a Quit-Claim Deed on that portion of the road being exchanged pursuant to an agreement that was previously approved by the Board of Commissioners, a copy of which is also enclosed herewith for reference~ Please have this placed on the Engineering Services Committee's agenda for their consideration, Thanking you and with best personal regards, I am JBwjsjp truly, i Enclosures LESTER. LESTER Be FLYNT ArroRNOS AND COUNSnJ..ORS AT LAw 1007 BROAD STREET AUGUSTA, GEORGIA 30901-1 1 19 706f722-0254 FAX No, 706f722,2364 J....ES l- L.EST!:" JOHN J, F'L YNT, III WILLIAM M. LE..STER 1919.198:5 May 22, 1996 VIA: HAND DELIVERY Mr. James B. Wall Burnside, Wall, Daniel, Ellison & Revell Attorneys at Law 454 Greene street Augusta, Georgia 30901 Dear Jim: As we have previously discussed, enclosed please find a Deed of Dedication and two copies of the Road Maintenance Agreement in connection with the new Wal-Mart Shopping center on Deans Bridge Road. I would appreciate your having the dedication of this road placed on the appropriate agenda so that we may have it dedicated as soon as possible. Also, enclosed is a quit claim deed from Richmond County to the developer, in connection with the abandonment of the old road, which is being replaced by the new road being dedicated. If you need for me to attend any of the meetings to present these matters, I would appreciate if you would advise me so that I may make arrangements to be present. Very truly yours, By: JJF:III/etp Enclosures STATE OF GEORGIA DEED OF DEDICATION COUNTY OF RICHMOND WHEREAS, LCW of Augusta, L.L.C., a South Carolina limited liability company ("Developer"), having its principal office at 1080 Silver Bluff Road, Aiken, Aiken County, South Carolina 29803, owns a tract of land in Richmond County, Georgia, described in Exhibit "A" attached hereto and made a part hereof (the "New Road Property") upon which Developer has construction a road (the "New Road")' WHEREAS, it is the desire of Developer to Deed the New Road Property and the New Road and related improvements constructed on the New Road Property (the New Road and such related improvements being called the "New Road Property Improvements") to Richmond County, Georgia, a political subdivision acting by and through its Commission/Council for maintenance and control; WHEREAS, Richmond County, Georgia has consented and agreed to control and maintain the New Road Property and the New Road Property Improvements, subject, however, to the terms of that certain Agreement to be executed contemporaneously herewith by and between Developer and The County of Richmond providing for the maintenance of the New Road Property and the New Road Property Improvements for a period of twelve (12) months after the date of said Agreement; NOW, THEREFORE, this Indenture made this ~ -t- k day of ~I~ L , 1996, between Developer and Richmond County, Georgi, a political subdivision acting by and through its Commission/Council, a county of the State of Georgia, organized and existing under the laws of that State, as aforesaid, hereinafter referred to as "The County". W X T B E SSE T H: That said Developer, for and in consideration of the sum of One and no/l00ths (1.00) Dollars, to it in hand well and truly paid by The County, at and before the sealing and deli very of the presents, the receipt of which is hereby acknowledged, and for the further consideration of the benefits to its proeprty by the maintenance of the New Road Property and the New Road Property Improvements by The County, has and by these presents does grant, bargain, sell and confirm unto The County, its successors and assigns, the New Road Property as described in Exhibit "A" attached hereto and the New Road Property Improvements. The New Road Property is shown on a plat prepared for Developer by Southern Partners, Inc. dated August 17, 1995, a copy of said plat being recorded in the office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Reel , Page , and being incorporated herein by reference and made a part of this description. TO HAVE AND TO HOLD the New Road Property and the New Road Property Improvements, together with all and singular the rights, members, appurtenances thereof to the same being, belonging, or in any wise appertaining to the only proper use, benefit and behoof of The County, its successors and assigns, forever in fee simple. AND the Developer, its successors and assigns, will warrant and defend the right and title to the above described property to The County, its successors and assigns, against all claims of all persons whomsoever. ' IN WITNESS WHEREOF, the Developer has caused these presents to be executed by its authorized officer who has affixed his hand and seal the day and year first above written. LCW of Augusta, L.L.C., a South Carolina limited liability company BY: Wyatt Development Co., Inc. its manager :~e:~~tt Title: President Signed, sealed and delivered in he presen e of: / I-I ,..t5U)CbJ.. Accepted by and ichmond County, Georgia hits ission/.council Prepared by: John J. Flynt, III Lester, Lester & Flynt 1007 Broad Street Augusta, Georgia 30901 EXHIBIT "An ALL that tract or parcel of land, with improvements thereon, situate, lying and being in the state of Georgia, County of Richmond, being known and designated as Tract "B" in the 119th G.M.D. of Richmond County, Georgia, containing 2.52 acres, as being shown on a plat prepared for LCW of Augusta, L.L.C. by Souther Partners, Inc. dated August 17, 1995. Said plat being recorded simultaneously herewith in Realty Reel , Page . Reference being made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. l STATE OF GEORGIA COUNTY OF RICHMOND THIS AGREEMENT, entered into this .y .tM..... day of g ,Lt<.-L 1996, by and between LCW of Augusta, L.L.C., a South Carolina limited liability company, hereinafter referred to as "Developer", and Richmond County, Georgia, a political subdivision of the State of Georgia, acting by and through its Commission/Council hereinafter referred to as "The County"; WHEREAS, Developer requested that the Richmond County Commission/Council accept certain roads, storm drains, water distribution system shown as Tract "B", 2.52 acres on a plat prepared for Developer by Southern Partners, Inc., dated August 17, 1995, and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in deed reel , page WHEREAS, Richmond County has adopted a policy requiring the Developer to maintain all installations laid or installed in the subdivision for a period of twelve months, which the County 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 County accepts the roads, storm drains, and water distribution, and appurtenances, respectfully described in the "Deed of Dedication" contemporaneously tendered herewith to Richmond County Commission/Council, which deed is recorded in the office of the Clerk of the 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 twelve months from the months from the date herein. (3) The Developer agrees that if during said twelve 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 County shall notify the Developer and set forth in writing the items in need of repair. The Developer should present wi thin fifteen business days its proposed plan of repair and shall have the repairs completed at a reasonable time. (5) In the event of an emergency, as determined by the county, and the Developer is unable to respond in a timely manner, the county 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 the County shall proceed to have the necessary correcti ve work done, and the Developer agrees to be responsible to the County for payment in full of the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. , , , ' . .'.... : 0~"", XN WXTNESS WHEREOF, Developer has.hereuntos~t'its'hand and seal and the County has caused the execution of the agreement by and through its duly authorized officer and agents, with its seal affixed, the day and year first above written. LCW of Augusta, L.L.C., a South Carolina limited liability company BY: Wyatt Development Co., Inc. its manager :~e: w~tt44 Title: President (L. S. ) (L. S. ) county, Y7~~ U W~ At~~st: C erk of Commission,-Council DEfJIJTY , STATE OF GEORGIA COUNTY OF RICHMOND THIS AGREEMENT, entered into this .Llt-k.- day of CU~ 1996, by and between LCW of Augusta, L.L.C., a South Carolina limited liability company, hereinafter referred to as "Developer", and Richmond County, Georgia, a political subdivision of the State of Georgia, acting by and through its Commission/Council hereinafter referred to as "The County"; WHEREAS, Developer requested that the Richmond County Commission/Council accept certain roads, storm drains, water distribution system shown as Tract "B", 2.52 acres on a plat prepared for Developer by Southern Partners, Inc., dated August 17, 1995, and which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in deed reel , page WHEREAS, Richmond County has adopted a policy requiring the Developer to maintain all installations laid or installed in the subdivision for a period of twelve months, which the Countypccepts 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 County accepts the roads, storm drains, and water distribution, and appurtenances, respectfully described in the "Deed of Dedication" contemporaneously tendered herewith to Richmond County Commission/Council, which deed is recorded in the office of the Clerk of the 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 twelve months from the months from the date herein. (3) The Developer agrees that if during said twelve 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 County 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. (5) In the event of an emergency, as determined by the County, and the Developer is unable to respond in a timely manner, the County shall be authorized to erect barricades, traffic direction devices and such other temporary measures ps 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 the County shall proceed to have the necessary correcti ve work done, and the Developer agrees to be responsible to the County for payment in full of the costs of repairing the improvements due to failure of material or poor workmanship as liquidated damages. IN WITNESS WBEREO~, Developer has hereunto set its hand and seal and the County has caused the execution of the agreement by and through its duly authorized officer and agents, with its seal affixed, the day and year first above written. LCW of Augusta, L.L.C., a South Carolina limited liability company BY: Wyatt Development Co., Inc. its manager ~~~e:~~ Title: President (L. S.) (L.S.) County, nQ,..~ ~l 1S?~ Attest: C erk of Commission-Council f)t!N7'I STATE OF GEORGIA, County of RICHMOND . . QUIT-CLAIM THIS INDENTURE, made this ~tk..- day of ~ LA.---L Hundred and Ninety in the Year of our Lord One Thousand Nine six, between Richmond County, Georgia, a political subdivision of the state of Georgia, acting by and through its commission/council, of the fi,rst part, and LCW of Augusta, L.L.C., a South Carolina limited liability company of the State of South Carolina and County of Aiken, of the second part, WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten and no/100ths ($10.00) DOLLARS in hand paid, the receipt whereof is acknowledged, has bargained, sold, and by these presents does remise, convey and forever QUIT- CLAIM to said party of the second part, its successor and assigns, to following, to-wit: ALL that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, being known and designated as Tract "A" in the 119th G.M.D. of Richmond County, Georgia, containing 0.81 acres, as being shown on a plat prepared for LCW of Augusta, L.L.C. by Souther Partners, Inc. dated August 17, 1995. Said plat being recorded simultaneously herewith in Realty Reel , Page Reference being made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. TO HAVE AND TO HOLD the said described premises to the said party of the second part, so that neither the said party of the first part nor its successors or assigns, nor an other person or persons Claiming under it shall at any time, by any means or ways, have claim or demand any right or title to the aforesaid described premises or appurtenances, or any rights thereof. IN WITNESS WHEREOF, said party of the first part has caused these presents to be executed by its off icer (s) and its seal hereunto affixed, the day and year first above written. (SEAL) Yl~ LJ AtJ;~st: Cl rk of lJE.PlJTY SIGNED, SEALED AND DELIVERED in the presence of: Yn~ (SEAL) Co~mission-Council Notary PUblic, Richmond County, Georgia My commission expires: ROAD CONSTRUCTION, RELOCATION, AND DEDICATION AGREEMENT J This Road Construction, Relocation, and Dedication Agreement (this "Agreement") is mHdi: ann entered into this /;( iN day of Jti~~",,,,:,/, , 1995, by and betwC:t:::n T ,CW of Aug'Uii~ L.L.C., Ii South Carolina limited liability company ("Developer"), and Richmond County, Georgia ("Richmond County"). RECITALS A. Developer is the assignee under various contracts to purchase certain tracts of land located in Richmond County, Georgia approximating 33.27 acres (the "Property"), on a portion of which Developer will construct a shopping center (the "Shopping Center"). B. A portion of the public road known as Glennwood Drive (such portion being herein called the "Old Road") is located on the land described in Exhibit A attached hereto and made a part hereof (the "Old Road Property"), which land is part of the property on which Developer desires to construct the Shopping Center, Developer desires to relocate this portion of Glennwood Drive to the perimeter of the proposed Shopping Center by constructing a new road (the "New Road") over and across the property described in Exhibit B attached hereto and made a part hereof for all purposes (the "New Road Property"), which is part of the Property, in accordance with the plans and specifications therefore that are attached hereto as Exhibit C or such subsequent version thereof that may be approved by Developer and Richmond County (the "Plans"), and dedicating the New Road Property and the New Road to Richmond County, In consideration of such construction and dedication, Richmond County desires to convey to Developer, upon completion of construction of the New Road and the dedication of the New Road Property to Richmond County, the Old Road Property. AGREEMENTS Now therefore, for and in consideration of the mutual promises, undertakings and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Developer and Richmond County agree as follows: 1. Undertaldnl!s bv Developer. A. Upon the latter to occur of (i) execution of this Agreement and (ii) the acquisition of the Property by Developer, Developer shall cause the New Road to be constructed in accordance with the Plans. B, Upon the completion of the construction of the New Road, Developer shall (i) dedicate the New Road Property and the New Road to Richmond County by deed substantially in the form attached hereto as 65670-00-002/ROAD AGMT/GAM V2 FS1/SYS1:\DMS\GAM.DIR\0034834,02 1 .. / / I Exhibit D and (ii) enter into a maintenance agreement with Richmond County, in substantially the form attached hereto and made a part hereof as Exhibit E, whereby Developer agrees to maintain the New Road for a period of twelve (12) months commencing from the date oC dedication thereof to Richmond County. I' .r " ~ 2. Undertakinl!8 bv Richmond County. Concurrently with the dedication ofthe New Road Property and the New Road to Richmond County, Richmond County shall convey the Old Road Property and the Old Road to Developer by deed substantially in the form attached hereto as Exhibit F. 3, IDl!hwav Encroachment Bonds. At any time or from time to time, Developer shall post or cause to be posted any highway encroachment bonds required by any applicable governmental agency (local, county, state or federal) related to the undertakings of Developer under this Agreement. 4. Notices. Whenever any notice, request, demand or similar communication (a -Notice") is required or permitted to be made or given under this Agreement, then the Notice shall be given in writing and shall be deemed to have been served and given if (i) delivered in person to the address set forth below for the party to whom the notice is given; (ii) placed in the United States mail, postage prepaid, certified mail, return receipt requested and addressed to such party at the address hereinafter specified (and Notice in such fashion shall be effective on the third (3rd) business day after same has been mailed as described herein); or (iii) sent by Federal Express or similar overnight courier service, prepaid and addressed to such party at the address hereinafter specified for next business day delivery {and such Notice shall be deemed given when delivered to the appropriate address}: LCW of Augusta, L.L.C. 1080 Silver Bluff Road Aiken, South Carolina 29803 Attn: Mr. Stephen Rainer Copy to: Kepes & Associates 1080 Silver Bluff Road Aiken, South Carolina 29803 Attn: Arthur J. Kepes, Esq, Richmond County c/o Linda W. Beazley County Administrator 601 City County Building Augusta, Georgia 30901 Copy to: Burnside, Wall, Daniel, Ellison & Revell 454 Greene Street t Augusta, Georgia 30901 Attention: James Wall, Esq. 5. General Provisions. A. This Agreement shall be governed by and construf:d in accordance with the laws of the State of Georgiu. DevrJopp.r Ilgl t't~3 L1wl tH1Y legal proceedings concerning or arising in connection with this Agreement shall be hrought in the applicable state or federal courts in the Slate of Geurgiu, l:ind Developer \'\'aives the right to sue or be sued elsewhere. 65670-00-002jROAD AGMTjGAM V2 FSljSYS1:\DMS\GAM.DIR\0034834.02 2 ~~. p $ .J" .. ' ,j-' / ,+ i:?" ,;' , f / { - --_......:~.-.,... ..~_.......1.'_ ".~ -", _ '4"., B. The captions in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. C. This Agreement shall inure to the benefit of and be binding upon Developer and Richmond County and their respective successors, assigns, and legal representatives. D. This Agreement, including the Exhibits attached hereto, constitutes the entire agreement and understanding of the parties relating to the subject matter hereof. The Exhibits attached hereto are fully incorporated herein by reference and made a part hereof for all purposes. In witness whereof, Developer and Richmond County have executed this Agreement by and through their authorized representatives effective as of the day and year first above written. A TrEST: DBVBT ,OPER LCW of Augusta, L.L,C., 11 South Carolina limited liability compony By: Wyatt Development Co. Inc., its mprla~e;L ~,;'l'" By: /./{ . {. ~ : /1:. i " Name: Weldon :-1:: Wya!t Title: President BOARD OF COMMISSIONERS OF :~o~ N.ame: r:t _ Sc nyers ' Title: Chairman ~ Linda W. Beazley County Administrator 65670-00-002/ROAD AGMT/GAM V2 FS1/SYS1:\DMS\GAM.DIR\0034834.02 3