HomeMy WebLinkAboutGRANITE HILL SUBDIVISION, SECTION 4, PHASE 1- UTILITIES DEPT- MAINTENANCE AGREEMENT After recording please return to:
Augusta Law Department
Attn: Wayne Brown, Esq. 20170111111111111111111
3 AGREE 1 609 Pg 1 094
535 Telfair Street,Building 3000 IIII I III III Filed and Recorded
Augusta, GA 30901-2386
12/19/2017 10:47:09 AM
Intangible Tax Paid$0.00 Hattie Holmes Sullivan
Transfer Tax$0.00 Clerk of Superior Court
Recording Fee:$0.00 Augusta Richmond County,
STATE OF GEORGIA )
COUNTY OF RICHMOND )
MAINTENANCE AGREEMENT
(Road, Storm Sewer)
41
THIS AGREEMENT,made and entered into this day of fib Vc ,2017,by and between
CROWELL & CO., INC. a Georgia corporation, hereinafter called "Grantor", which expression shall
include the plural as well as the singular, and heirs, legal representatives, successors and assigns,where the
context so requires or admits,hereinafter referred to as"Developer",and AUGUSTA,GEORGIA,a political
subdivision of the State of Georgia, acting by and through the Augusta Commission, hereinafter called
"Augusta".
•
WITNESSETH:
WHEREAS, Developer requested that Augusta accept a portion of road,named`Burlington Drive"
(60-ft. R/W), a portion of road, named "Marble Court" (60-ft. R/W), a portion of road,named "Covington
Street"(60-ft.RIW),and additional drainage and utility easements and appurtenances for Granite Hill,Section
Four,Phase One,as shown by deed contemporaneously tendered and recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Book ,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 R/W and additional
drainage and utility easements,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 Book , page
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(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 is accepted by the Augusta
Commission and included in the Augusta, Georgia 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,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 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, 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 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 its hand and seal,and Augusta has caused the
execution of this Agreement by and through it duly authorized officers and agents,with its seal affixed, the
day and year first above written.
DEVELOPER:
CROWELL & CO., INC.
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Notary Pub c,.> Clerk of Superior Court
County, Georgia:- ` Au9ustn Richmond County
,.' PFP1CIAL SEAL
.W.. KRIE7EN Y LEVINSOHN
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