HomeMy WebLinkAboutBRUKER DAVIS LLC MAINTENANCE AGREEMENT THE BROWNSTONES AT RAE'S CREEK (UTILITY GRAVITY SANITARY SEWER MAIN STATE OF GEORGIA
COUNTY OF RICHMOND
r���������v�r ���E����v� �
THE BROWNSTONES AT RAE'S CREEK
Formerly Known As The Cottages at Rae's Creek
(Utility Grauity Sanity Sewer Main)
il
THIS AGREEMENT, entered into this �day of � 20�, by and between
BRUKER DAVIS, LLC, a Georgia Limited Liability Company, herei after referred to as the " DEVELOPER ",
and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as the
"AUGUSTA":
WITNESSETH
WHEREAS, the DEVELOPER has requested that AUGUSTA accept the gravity sanitary sewer main, for the
subdivision known as THE BROWNSTONES AT RAE'S CREEK, as shown by a Deed of Dedication,
contemporaneously tendered and recorded in the office of the Clerk of the Superior Court of Richmond County,
Georgia, with this document; and
WHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those installations and
systems laid or installed in the subdivision, which AUGUSTA does accept by Deed, for a period of eighteen months;
NOW, THEREFORE, in consideration of the premises, the expense previously incurred by the DEVELOPER
and the mutual agreement her�inafter set out, IT IS AGREED that�:
(1) AUGUSTA accepts the gravity sanitary sewer main for the subdivision, respectively described in the
Deed contemporaneously tendered herewith to the Augusta-Richmond County Commission and that said gravity
sanitary sewer main was duly inspected by the Augusta Utilities Department on November 11, 2009, and said
gravity sanitary sewer main did pass said inspection.
(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 of the acceptance of said Deed of Dedication
by the Augusta-Richmond County Commission.
(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.
(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 shall present, within fifteen business days of the date
of said writing, its proposed plan of repair and shall have the repairs completed in a reasonable time, as determined
by AUGUSTA.
(5) If, in the event of an emergency, as determined by AUGUSTA, 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 at the DEVELOPER'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 CITY shall
proceed to have the necessary corrective work �one, and the DE�iELOPER agre�s 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, the DEVELOPER has hereunto set its 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.
BRUKER DAVIS, LLC
Signed, sealed and delivered in By: �
�
,
� � �� Glynn Bruker
WITNESS
.�
. r ti � J E'� G' �l
NOTARY L C �,.�'�""���� �� �''�
;.. . �`�'��c���a�4 �
c G� Y C1 County, Georgia n�
� ���G �'7C
My Commission Expires �-r�S -t����`-1 �t'� _, �
��f1i Ah.yi . � �/
1
�'`�i�►�lfii� , GEORGIA
�.
� � ��
By:
WITNE A�� Deke Copenhaver
�,,.%:��_ �� . �1
' � � �' � r��Clct- � j'�j��(As Its: Mavor
A � c;t
OTAR � C AA q �� „
� �� � y r•"....,,�,�q�1�1 ,��" �� � ! + '.°�����1�
I ' � � t
�` , �r / ��,��p, �, 4
� �' �� �`�'� y� , � � �, ;„�"_'�'
My Cc�nm�ssi �X'pir� � '��� Cy � Attest: ��� �:
� C' •; ��/��.� „a�t �� Cl�rk�o� Ct� ss�ori #;,' � ,,..3 `�
. r e v,s
I O •�..o ; �t•��• ,�,i G f ' m' �
I, �"�oiN����A �` � �' �,a,r c ? ,:J
����rA COV��' G .:`�. � :.,,: . 8 � � � :, ,�-r
�������.•+'�' (SEAL) � �,n.: �t ��
ti , t ., �,n ,,
�� °;�: a ��,,;,.�
"�;
�'`�F � ,. ;',