HomeMy WebLinkAboutMAINTENANCE AGREEMENT BETWEEN BRENT WILLHAVEN LLC FOR WILHAVEN SUBDIVISON PHASE 11 SECTION 11 AFTER RECORDING, PLEASE Book 01330:1772 Augusta - Richmond County
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, 2012002490 Augusta - Richmond County
AUGUSTA, GA 30901-4415 ksb
STATE OF GEORGIA MAINTENANCE AGREEMENT
COUNTY OF RICHMOND
THIS A�REEMENT, entered into this � day of
,f��c'P��c�� , 20�, by and between Brent Willhaven, LLC ,
hereinafter referred to as "Developer," and AUGUSTA, GEORGIA, a
political subdivision of the State of Georgia, acting by and
through its Commission, hereinafter referred to as "Augusta."
WHEREAS, the Developer requested that the Augusta,
Georqia, Commission accept certain roads, storm drains and
appurtenances for Willhaven Subdivision, Phase II, Section II
, 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 %�i�% , page y� � 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 Augusta
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 City accepts the roads and appurtenances,
respectfully described in the deed contemporaneously tendered
herewith to the Augusta, Georgia, Commission, recorded in the
office of the Clerk of the Superior Court of Richmond County,
Georgia, in Realty Reel �, page y �
(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 of material or poor worlQnanship, the Developer shall
be responsible for adequate main�enance and repair.
(4) In the event of such failure of the
improvements, the City shall notify the Developer and set forth
in writing the items in need of repair. The Developer shall
present within fifteen business days its proposed plan of
repair and shall have the repairs completed at a reasonable
time, as determined by Augusta.
(5) In the event of an emergency, as determined by
Augusta, the Developer is unable to respond in a�imely manner,
the City shall be authorized to erect barricades, traffic
direction devices and such other temporary measures as are
', " � Book 01330:1773 Augusta - Richmond County
• �-� 2012002490 01 /23/2012 09: 33:26. 02
necessary to remedy the emergency nature of the problem at the
Developer's expense 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 Augusta shall proceed to have
the necessary corrective work done, and the Developer agrees to
be responsible to Augusta for payment in full of costs of
repairing the improvements due to failure of material or poor
worlQnanship as liquidated damages.
IN WITNESS WHEREOF, Developer has hereunto set his
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.
BRENT WILLHAVEN, LLC
BY: (L.S.)
AS I T S: C�y
AUGUSTA, GEORGIA
,� COMMISSION
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Filed in this office:
Augusta - Richmond County
01/23/2012 09 :33:26.02 _ _ _ - - - - - _ - _ - - - -
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Elaine C. Johnson
Clerk of Superior Court