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HomeMy WebLinkAboutGRANITE HILL SUBDIVISION, SECTION 4, PHASE 1, ENGINEERING DEPT- MAINTENANCE AGREEMENT { After recording please return to: 11111111111111111 AGREE 1609 Pg 1089 Augusta Law Department 12/19Filed and Recorded: /2017 10:47:09 AM Attn: Wayne Brown, Esq. Intangible Tax Paid$0.00 Hattie Holmes Sullivan 535 Telfair Street, Building 3000 Transfer Tax$0.00 Clerk of Superior Court Augusta, GA 30901-2386 Recording Fee:$0.00 Augusta Richmond County, STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT GRANITE HILL, SECTION FOUR, PHASE ONE (Water Distribution System and Gravity Sanity Sewer Main) THIS AGREEMENT, entered into this 7 day of VP-a�11�€'� L 2017, by and between CROWELL&CO., INC., a corporation established under the laws of the state of Georgia, hereinaler 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 water distribution system and the gravity sanitary sewer main, for the subdivision known as GRANITE HILL, SECTION FOUR, PHASE ONE, 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 in;atallations 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 hereinafter set out, IT IS AGREED that: (1) AUGUSTA accepts the water distribution system and gravity sanitary sewer main for the subdivision, respectively described in the Deed contemporaneously tendered herewith to the Augusta-Richmond County Commission and that said water distribution system and gravity sanitary sewer main were duly inspected, by the Augusta Utilities Department, and said systems 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 da ys of the date • 4 RECORD BOOK 15.09 P9 1 090 Ha tt I Fa. Hol. (nets. Still i van Clerk of Superior Court Aususta Richmond County 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 that 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 malarial 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. Signed, sealed . • .- - -d in jor ROWELL& CO., INC. the presence By: i •es,' 0. 41:-. amar -row-4011111.11..-- PLA I A A, A As Its: CEO Not., Public State of ,'1')- Attest: Mark L. Gilliam County of CI. (L'v'lltki71)6-- As Its: CFO and Secretary c 071 , My Commission Expires: 0 ' I - ,..-,,,,,,,,,,,.,-.,A•-r,,, 7•47,-...17,-,,-74:,--.0C< ACCEPTED BY: ) ----, 099 c At.sEAL ,t) KFUSTEN Y.LEY1NSOHN 8 ) AUGUSTA, GEORGI• P NOTARY PUBLIC-GBORGIAS :.' ,,!, COLUMBIA COUNTY S ,.., . .... My Comm.apires Aug.31,2020 By: —,__...s,.:.-:7,,, ..--...,-•..,-..,--_..--_,-...,-..,-,,-..,...,-...--..-..,-....--..,-..i. ie-Davis,-Jr. .4 Liven As it. Mayor .AttestfrAVff6f.?e,i...., flay idt"C• mi00„'0 .,,,,.: • ... ,, '"' , 0 crTh, ' 1"4 1#ri 1# e.. : -, .. 1/4 it,, , io ......i 1.4, '0 , ", ., ,C 1 , C : 144Ar:, ', .-„A : 0 iialL.:14:": 2 ° if fe. - i g 21 f t 0 i r;, 6 V.4 ef # isx' 0 *. % ,996 s. • ‘ %46 40* ,•• t " 4, f f j