HomeMy WebLinkAboutMAINTENANCE AGREEMENT SAVANNAH RIVER BANKING CO (WATER DISTRIBUTION SYSTEM). r
AFTER RECORDING, PLEASE
RETURN TO:
AUGUSTA LAW DEPARTMENT
520 GREENE STREET
AUGUSTA, GA 30920 -4415 ksb
STATE OF GEORGIA
COUNTY OF RICHMOND
MAINTENANCE AGREEMENT
SAVANNAH RIVER BANKING CO.
(Water Distribution System)
THIS AGREEMENT, entered into this i U of Julie,- , 2012, by and between
SAVANNAH RIVER FINANCIAL CORPORATION, a Georgia corporation, hereinafter referred to as the
"DEVELOPER ", and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to
as the "AUGUSTA ":
WITNESSETH
Book 01351:0226 Augusta - Richmond County
2012029383 07/06/2012 13:30:59.03
$0.00 AGREEMENT
1 ! 1 111 1111111111111 1111111111111111111111111
2012029383 Augusta - Richmond County
WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution system, for the
development known as SAVANNAH RIVER BANKING CO., 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 development, 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 hereinafter set out, IT IS AGREED that:
(1) AUGUSTA accepts the water distribution system for the development, respectively described in the
Deed contemporaneously tendered herewith to the Augusta- Richmond County Commission.
(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 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 development described in the Deed due to failure or poor workmanship, the
Page 1 of 3
Signed, sealed and deliver in the presence of:
Notary Public
State of County of
Book 01351:0227 Augusta - Richmond County
2012029383 07/06/2012 13:30:59.03
DEVELOPER shall be responsible for adequate maintenance and repair.
(4) In the event of such failure of the 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 AUGUSTA shall
proceed to have the necessary corrective work done, and the DEVELOPER agrees 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.
SAVANNAH RIVER FINANCIAL
CORPORATJ N, a Georgia corporation
As Its: 2
Attest:
Commission Expires As Its: S ! -z-)tt i:
Notary Public
Columbia County, GA
My Commission Expires
(Notary Seal) September 23, 2012
(SEAL)
Page 2 of 3
Filed in this office:
Augusta - Richmond County
07/06/2012 13:30:59 .03
Elaine C. Johnson
Clerk of Superior Court
Book 01351:0228 Augusta - Richmond County
2012029383 07/06/2012 13:30:59.03
ACCEPTED BY:
AUGUSTA, GEORGIA
By:
Attest:
041-
David S. Copenhaver
As its ayor
AO 41 ;qJ
' Clerk of �: ( fission
CZ,p
••• 0 ''
•
% A
e ;D
Page 3 of 3