STORMWATER MANAGEMENT/ BMP FACILITIES AGREEMENT

Albemarle County, VA

Water Resources Management

(804) 296 - 5861

STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT

THIS AGREEMENT, made and entered into this ___ day of ____________, 19___, by and between

____________________________________________________________ hereinafter called the "Landowner", and the

(Insert Full Name of Owner)

Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County".

WITNESSETH, that

WHEREAS, the Landowner is the owner of certain real property described as

______________________________________________ as recorded by deed in the land records of Albemarle County,

(Albemarle County tax Map/Parcel Identification Number)

Virginia, Deed Book __________ Page __________, hereinafter called the "Property".

WHEREAS, the Landowner is proceeding to build on and develop the property; and

WHEREAS, the Site Plan/Subdivision Plan known as ___________________________________, hereinafter

(Name of Plan/Development)

called the "Plan", which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the property; and

WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and

WHEREAS, the County requires that on-site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association.

NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The on-site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and

assigns, in accordance with the plans and specifications identified in the Plan.

2.	The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain

the stormwater management/BMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Annual Inspection Report form dated 6/2/92 (or latest date form available) is to be used to establish what good working condition is acceptable to the County.

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Revised 8 January 1997

Prepared by County of Albemarle Department of Engineering & Public Works

3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report.

4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary.

5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County.

6. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed.

7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by
the County hereunder.

8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the

County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly.

9. This Agreement shall be recorded among the land records of Albemarle County, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.

WITNESS the following signatures and seals:

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Revised 8 January 1997

_____________________________________________

Company/Corporation/Partnership Name (Seal)

By: _____________________________________________

______________________________________________

(Type Name)

______________________________________________

(Type Title)

STATE OF ____________________

COUNTY OF ____________________

The foregoing Agreement was acknowledged before me this ____ day of ____________, 19___, by

_________________________________________________________________________.

_______________________________________

NOTARY PUBLIC

My Commission Expires: ____________

COUNTY OF ALBEMARLE, VIRGINIA

By: ________________________________________

______________________________________________

(Type Name)

______________________________________________

(Type Title)

STATE OF ____________________

COUNTY OF ____________________

The foregoing Agreement was acknowledged before me this ____ day of ____________, 19___, by

_________________________________________________________________________.

_______________________________________

NOTARY PUBLIC

My Commission Expires: ____________

Approved as to Form:

___________________________ __________

County Attorney Date

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Revised 8 January 1997