Appendix A: Stormwater Facility Inspection & Maintenance Agreement
This AGREEMENT, made and entered into this ___ day of ____________________, 20_____, by and between (Insert Full Name of
Owner)________________________________________________ his/her successors and assigns, including but not limited to any homeowners
association, commercial developer, holder of any portion of the below described property, and/or similar (hereinafter called the
"Landowner"), and the City of Richmond Hill, Georgia; hereinafter called the "City".
WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as (Bryan County Tax Map/Parcel Identification
Number) ____________________________________ and recorded by deed in the land records of Bryan County, Georgia, Deed Book __________
Page __________, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to develop the property and/or build upon the property; and
WHEREAS, the Stormwater Management and Operations and Maintenance (O&M) Plan; hereinafter called “the Plan", which is expressly
made a part hereof, as approved or to be approved by the City, provides for management of stormwater runoff for the property; and
WHEREAS, the City and the Landowner, its successors and assigns, agree that the health, safety, and welfare of the residents of Richmond
Hill, Georgia, require that stormwater management facilities be constructed and maintained on the Property and in accordance with the
Plan; and
WHEREAS, the City requires that private stormwater management facilities as shown within the Plan be constructed and adequately
maintained by the Landowner, its successors and assigns.
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 private stormwater management facilities shall be constructed and/or upgraded as well as maintained by the Landowner, its
successors and assigns, in accordance with the specifications identified in the Plan.
2. The Landowner, its successors and assigns, shall adequately maintain the private stormwater management facilities and perform the
work necessary to keep those facilities in good working order at all times, as described in the Plan. This includes all private stormwater
ponds, outfall pipes, channels or other conveyances built to convey stormwater, as well as all outfall structures, improvements, and
vegetation provided to control the quantity and quality of the stormwater runoff. Adequate maintenance is herein defined as good
working condition so that these facilities are performing their approved design functions.
3. The Landowner, its successors and assigns, shall inspect the private stormwater management facility and submit an inspection report
annually to the City Manager (or his designee). The purpose of the inspection is to ensure safe and proper functioning of the stipulated
facilities. The inspection shall cover all applicable private stormwater management facilities, including but not limited to, conveyance
measures, berms, outlet structures, pond areas, etc. Deficiencies shall be noted in the inspection report along with a schedule for repair.
The inspection procedures, frequency and report shall follow the procedures established and approved in the Plan.
4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the
Property and to inspect the private stormwater management facilities whenever the City deems necessary and with reasonable notice
having been given to the Landowner. The City 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 private stormwater management facilities in good working
condition acceptable to the City, the City may issue citations to the Landowner for resulting, continuing ordinance violations (as set forth in
the Richmond Hill Code of Ordinances), until such time as the issues are satisfactorily resolved. Additionally, the City may enter upon the
Property and implement the necessary measures to correct deficiencies identified in the inspection report and to recover the costs of such
repairs from the Landowner, its successors and assigns through the appropriate means. This provision shall not be construed to allow the
City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the private stormwater
management facilities. It is expressly understood and agreed that the City 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 City.
6. 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 private stormwater management facilities (including sediment removal) is outlined on the
approved plan, the schedule will be followed.
7. In the event the City, 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 City upon demand,
within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless from any
liability in the event the private stormwater management facilities fail to operate properly.
9. This AGREEMENT shall be recorded among the land records of Bryan County, Georgia, 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.
CERTIFICATION
OWNER: RICHMOND HILL, GEORGIA: The foregoing AGREEMENT was
WITNESS the following signatures and seals: acknowledged before me this ____ day
of ____________, 20___,
_____________________________________________ By: ________________________________
Company/Corporation/Partnership Name (Seal)
By: __________________________________________ _____________________________________ _____________________________________
(Type Name and Title) NOTARY PUBLIC
_____________________________________________ Date:________________________________ My Commission Expires: _______________
(Type Name and Title)