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Home My WebLink AboutCOST SHARING AGREEMENT BY AND BETWEEN WALKER HILLS LLC �� ' - ~ ' '�� Book 01319:1035 Augusta - Richmond County ' 2011042(�610/24/2011 16:47:53.00 $0.00 AGREEMENT � I I!!IlII!!IlIIIlllllll!!!IIlII!lIIIIIIIIIIIIIl111111lIIIIIII � 2011042066Augusta - Richmond County ksb AUGUSTA LAW DEPARTMENT 501 GREENE STREET, SUITE 302 AUGUSTA, GA 30901-4415 STATE OF GEORGIA) COUNTY OF RICHMOND) COST SHARING AGREEMENT � TH15 Agreement, made the ��day of <�. �� -e,�_, 2011, by and between Walker Hills, LLC, a limited liability company establ�shed under the laws of the State of Georgia, hereinafter referred to as "DEVELOPER," and Augusta-Richmond County, a political subdivision of the State of Georgia, by and through its Utilities Department (AUD), as party of the second part, hereinafter referred to as "AUGUSTA": WITNESSETH WHEREAS DEVELOPER owns certain tracts of property located in Augusta- Richmond County, Georgia, known now, or formerly, as: 078-0-003-00-0, 078-0-003-02- 0, 078-0-015-00-0, 078-0-014-00-0, 078-0-013-00-0, 078-0-012-00-0, 078-0-011-00-0, 078-0-010-00-0, 078-0-009-00-0, 078-0-008-00-0, 078-0-007-00-0; and WHEREAS DEVELOPER wishes to construct a subdivision development, namely McCoys Creek Subdivision, Section 1; and WHEREAS it is to the benefit of both parties to: (1) extend a 16-inch water main that will serve DEVELOPER'S properties as well as other properties in the area; and (2) ' construct the control panel for a sanitary sewer lift station, which will serve the ' development; � � i WHEREAS AUGUSTA, has agreed to construct the water main and sanitary � sewer lift station control panel and DEVELOPER has agreed to reimburse AUGUSTA a portion of the construction costs, as stated in Section B of this document; � � � NOW THEREFORE, DEVELOPER and AUGUSTA hereby enter into the ` following agreement: . � A. PROJECT SCOPE: � AUGUSTA will cause a 16-inch diameter water main to be constructed from Fort Gordon's Gate 3, across the Gordon Highway right-of-way and onto the property of the Developer, as shown on Sheet 12 of 27, on a Grading and Utilities Plan for McCoys , � Book 01319:1036 Augusta - Richmond County � ' , � ' � � 2011042066 10/24/2011 16:47:53.00 Creek, Section 1, prepared by James G. Swift and Associates, dated April 2, 2011, revised May 15, 2011, attached hereto, and to which reference is hereby made. AUGUSTA will also cause a sanitary sewer lift station control panel to be constructed and insta{led, in the lift station being constructed by DEVELOPER, for the McCoy Creek, Section 1 project. Said construction, shall be constructed consistent with the applicable AUD, A1NWA, IFPA codes, Georgia Plumbing codes and any other standards, regulations and requirements pertinent to water mains, and pass all required and recommended testing. B. DEVELOPER'S SHARE OF PROJECT COSTS AND PAYMENT: 1. Prior to construction start by AUGUSTA, DEVELOPER will execute all necessary documents, to donate utility easements to AUGUSTA, on the following properties: 078-0-003-00-0, 078-0-003-02-0, 078-0-015-00-0, 078-0-014-00-0, 078-0- 013-00-0, 078-0-012-00-0, 078-0-011-00-0, 078-0-010-00-0, 078-0-009-00-0, 078-0- 008-00-0, 078-0-007-00-0. Said easements wilf consist of a 20' (twenty feet) permanent exclusive easement, s across each property and being contiguous with the northern edge of the Gordon Highway right-of-way. Also included will be a 10' (ten feet) temporary construction easement running contiguously with the northern boundary of all of the permanent easements. Said easements are indicated with crosshatching on the Grading and Utilities Plan Sheet described in Section A of this document. 2. Upon the completion of construction on the water main, AUD wilf perform a final inspection to determine that said water main has been constructed to all applicable Standards, Specifications and Codes, and that said water main has passed all required and recommended testirig. If AUD determines that said water main is acceptable to AUGUSTA, a final inspection report will be forwarded to DEVELOPER, along with an invoice for the amount of fifteen thousand six hundred and seventy-five dollars ($15,675). Payment from DEVELOPER will be required within thirty (30) days of the date of the invoice. 3. Upon the completion of construction, installation and testing af the sanitary sewer lift station control pane(, AUD will forward an invoice for#he amount of twenty six thousand finro hundred and forty-five dollars ($26,245). Payment from DEVELOPER will be required within thirty (30) days of the date of the invoice. C. STIPULATIONS: Both parties understand and agree to the following: • ' � � , . � Book 01319:1037 Augusta - Richmond County . � � ' 2011042066 10/24/2011 16:47:53.00 This agreement is contingent upon the Augusta Commission approval of the overall project and the Cost Sharing Agreement. The terms "DEVELOPER" and "AUGUSTA" as used herein shall be deemed to mean their respective heirs, successors and assigns, and this Agreement shalf inure to the benefit of and be binding upon DEVELOPER and AUGUSTA and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals on the day and year above first written. Signed, sealed and delivered in the presence of: WALKER HIL , � iG�ti�� ,c,�� By . ` WITNESS Lar S. Prather � As Its: _�, L� l_ � �TARY PUBLI �e�� . County, State of � My Commission Expires: _ � � �� (.S [NOTARY SEAL] �� A. � .NOTARY PUBUC ` -' Columbia Ca�ty, GEORGIA (signatures continued on next page) ,� , � Book 01319:1037. 2 Augusta - Richmond County , � ' � 2011042066 10/24/2011 16:47:53.00 AUGUSTA-RICHMOND, GEORGIA �� By: � �, WITNESS �� David S. Co aver � Mayor � �i (�1�� Attest: _ � �� ,� { � . � . Lena J. Bon r � �- � ' �� '-�� As Its: Clerk of Commission NOTAR UBLIC R�ei�ie��j.�a�'n��1�te of Georgia , -, , c.,c,,�.c.�yl3 � �..... �� , �� , r r � � �,,� My C ��n��lj� 'y 1 c�? /�SB ,�� ,�,� � f � �� _ � � �� r �v� Q e� /� �AV B ��G a�� E+'r`°�: ,.�.' . 'e I� :4 ryo ,�a �� ° ' a � r � � �' . . ,�C �� G •~~� e � � �,�.,�,: � � � � - .� ��= e " 4 �NN ayL• �� c,��''�' � � � � � `�' �a ��lia��►� � S' �' � _s�. �° : =�r �E� �� °.�� x�9., y � �� `�, ., � Y WU nt)� � � '� y �� LE } � � `, , /� / �\ ,\ , Filed in this office: � � , Augusta - Richmond County 10/24/2011 16:47:53.Q0 _ __ _ _ __ - ° Elaine C. Johnson Clerk of Superior Court