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HomeMy WebLinkAboutSAVANNAH RIVER FINANCIAL CORP (MAINTENACE AGREEMENT (ROADS, STORM SEWER)AFTER RECORDING, PLEASE RETURN TO: AUGUSTA LAW DEPARTMENT 520 Greene Street AUGUSTA, GA 30901 -4415 ksb 00483356 -2 Book 01351:0207 Augusta - Richmond County 2012029379 07/0612012 13:30:58.02 $0.00 AGREEMENT 1111111111111111 11111 11111 11111 11111 MI I I I I l l I 111111111 11111 1111111111! IIIII III!I 111111111! 11111 llIII I!!il Iliil!1I! III 2012029379 Augusta - Richmond County STATE OF GEORGIA ) COUNTY OF RICHMOND ) THIS AGREEMENT, entered into this )9 ay of J q `I( MAINTENANCE AGREEMENT (Roads, Storm Sewer) , 20a, by and between SAVANNAH RIVER FINANCIAL CORPORATION, a Georgia corporation, 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, Developer requested that Augusta, accept a road, named "Exchange Lane (70ft RNV) and appurtenances for the storm sewer system located therein, 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 A`3 0, page , , and WHEREAS, the City has adopted a policy requiring the Developer to maintain all installations laid or installed by Developer 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) Augusta, Georgia, accepts the roads, storm sewer system within deeded 70' R/W 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 /,J l page rt(11. (2) The Developer agrees to maintain all the installations laid or installed in said development as described in said deed for a period of eighteen months from the date installation accepted by the Augusta. Commission and included in the Augusta, GA road system. (3) The Developer agrees that if during said eighteen month period there is a failure of the installations laid or installed in said development described in the deed due to failure of material, improper grading, poor construction or poor workmanship, the Developer shall be responsible for adequate maintenance 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 timely manner, the City 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 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 workmanship 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. ATTEST: Public Notary Notary Public Columbia County, GA My Commission Expires September 23, 2012 ATT :T: f Jii Il //j erk of Co �" s sion 00483356 -2 Filed in this office: Augusta - Richmond County 07/06/2012 13:30:58.02 Book 01351:0208 Augusta - Richmond County 2012029379 07/06/2012 13:30:58.02 SAVANNA. - R,P° IVER FINANCIAL CORPO f O , Paul As Chairman of the Board A G STA, GEORGIA Lam._ L.S. ( ) A 41 As Its Mayor 601[17 Elaine C. Johnson Clerk of Superior Court