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HomeMy WebLinkAboutMAYFAIR ON WALTON- MAINTENANCE AGREEMENT 2018012983 AGREE 1618 Pg 2e !d, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIII Filed and Intangible Tax Paid$0.00 3/2/2018 9:69:13 AM Transfer Tax$0.00 Hattie Holmes Sullivan Recording Fee:$0.00Augusta Ri lerk of hmond Court County, Augusta Law Department Attn: Kayla E. Cooper, Esq. 535 Telfair Street Building 3000 Augusta, GA 30901-2374 STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT MAYFAIR ON WALTON Water Distribution System and Gravity Sanity Sewer Main Private Street(s) THIS AGREEMENT,entered into this I/14day of() ,icd an„ , ,by and between Mayfair on Walton,LLC, a limited liability company established under the laws of th state of Georgia, hereinafter 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 MAYFAIR ON WALTON, 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 subdivision,which AUGUSTA does accept by Deed,fora 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 fora 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 • RECORD BOOK 161. 8 Fig 149 Ha t ii r_-3 Hal inns. Sul 1 i ua n Clerk of Superior Court Augusta Richmond County, 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 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 material or poor workmanship as liquidated damages. IN WITNESS WHEREOF,the DEVELOPERhas 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 and delivered in MAYFAIR ON WALTON,LLC the presence of By: NA..44. � 1 s Charles Brigham Aria .•• ts: Managing Member otary ' is `SROs+�4 State of is T A� ,��• �40 County of j7--IGNita(2,4) 100/ sem, l�f ��. Ai,gust 28,2921 3. My Commission Expires: 41'P2-1• \ ° ACCEPTED BY: AUGUSTA,GEORGIA 4411111111 0 Hardie Davis,Jr. As it' V,„.1 ""tit 2/ l� . �� ttest: `'ids,// �` �r �'.ti! rr':;/ off, f D d! L), (5S I 07 4C ''ORGdp'. 401.