Full Text
PERFORMANCE AND MAINTENANCE AGREEMENT This PERFORMANCE AND MAINTENANCE AGREEMENT ("Agreement") is made and given this day of (the "Effective Date") by ("Developer") for the benefit of WALTON COUNTY, GEORGIA, a political subdivision of the State of Georgia (the "County"). W I T N E S S E T H: WHEREAS, the Developer is seeking approval of a Final Plat or Certificate of Occupancy for a development in Walton County, Georgia, located at Georgia, being known as (the "Development"); and WHEREAS, a Final Plat or Certificate of Occupancy may be approved only upon the County receiving a Performance and Maintenance Agreement executed by the Developer and such performance and maintenance surety as is required by the Walton County Comprehensive Land Development Ordinance and Subdivision Regulations (the "Ordinance"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer agrees as follows: 1. RECITALS. The recitals set forth above are true and correct and form a material part of this Agreement. 2. PERFORMANCE. With respect to the Development, the Developer shall perform all work required to complete any unfinished amenities, improvements, or installations required to be constructed by the Ordinance or as a condition of an approval or permit granted thereunder ("Required Work") within one year of the approval of the Final Plat or Certificate of Occupancy for the Development; and provide the County with such performance surety as is required by the Ordinance. A detailed list of the Required Work to be completed by the Developer within said one-year period is attached hereto as Exhibit A and incorporated herein by reference. Failure to complete said Required Work within the one-year period shall result in the performance surety being forfeited to the County. The Walton County Planning and Development Director shall determine whether said Required Work is complete, and such determination shall be binding upon the Developer. 3. MAINTENANCE. With respect to the Development, the Developer shall maintain all public improvements in compliance with the Ordinance and any approval or permit granted thereunder for a period of two years following the approval of the Final Plat or Certificate of Occupancy; and provide the County with such maintenance surety as is required by the Ordinance. Failure to maintain said public improvements for the entirety of said two-year period shall result in the maintenance surety being forfeited ---PAGE BREAK--- to the County. The Walton County Planning and Development Director shall determine whether said public improvements have been maintained, and such determination shall be binding upon the Developer. 4. GOVERNING LAW. The laws of the State of Georgia shall govern the interpretation, validity, performance, and enforcement of this Agreement. In the case of a controversy or dispute in the interpretation of this Agreement, the venue shall be in Walton County, Georgia. IN WITNESS WHEREOF, the Developer has duly signed, sealed, and delivered this Agreement as of the Effective Date. Address: Phone: DEVELOPER: [SEAL] ---PAGE BREAK--- Exhibit A Required Work