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STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (Montgomery County, Virginia)

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BROWSE MONTGOMERY COUNTY, VIRGINIA (VA) FORMS

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STORMWATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Montgomery County, Virginia
PARCEL ID NUMBER(S):__________________
TAX MAP NUMBER(S): ________________
THIS AGREEMENT, made and entered into this ____ day of __________, 20______, by and
between, _______________________________, hereinafter called the “Landowner”, and
Montgomery County, Virginia, a political subdivision of the Commonwealth of Virginia, acting
by and through its Board of Supervisors, hereinafter called the “County”.
WITNESSETH:
WHEREAS, the Landowner is the owner of that certain parcel of land identified as Tax Map
Number______________, being of record in the Clerk’s Office of the Circuit Court of
Montgomery County, Virginia, in ______________________________________________,
hereinafter called the “Property,”; and
WHEREAS, the Landowner is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as ___________________________________,
hereinafter called the "Plan", which is expressly incorporated by reference herein , as approved
or to be approved by the County; and
WHEREAS, the Plan provides for stormwater management facilities and other drainage
conveyance channels or permanent erosion and sediment control measures and improvements
within the confines of the Property, referred to as the “Facilities”; and
WHEREAS, the County and the Landowner agree that the health, safety, and general welfare of
the residents of Montgomery County, Virginia require that on-site stormwater management
Facilities as shown on the Plan be constructed on the Property by the Landowner and
adequately maintained by the Landowner, its successors and assigns, including any
homeowners association; and
WHEREAS, the County requires that on-site stormwater management Facilities as shown on
the Plan be constructed and adequately maintained by the Landowner, its successors and
assigns, including any homeowners association.
Page 1 of 7
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 Facilities shall be constructed by the Landowner in
accordance with the Plan and associated specifications, and, upon completion of
construction of such Facilities the Landowner shall provide a construction record
drawing as required by §62.1-44.15 of the Code of Virginia.
2. The Landowner, its successors and assigns, shall maintain the Facilities in accordance
with the maintenance procedures contained in latest edition of the Virginia Stormwater
Management Handbook and specific maintenance requirements noted on the Plan
along with any associated specifications and/or manuals to assure good working order
acceptable to the County. Such maintenance procedures shall meet or exceed those
maintenance requirements set forth in the Stormwater Management Ordinance of
Montgomery County.
3. The Landowner, its successors and assigns, shall inspect the Facilities in accordance with
and within the timeframes provided in the requirements set forth in the Stormwater
Management Ordinance of Montgomery County. The purpose of the inspection is to
assure safe and proper functioning of the facilities. The inspection shall cover the
Facilities in their entirety and all related components including, but not limited to,
berms, outlet structure, pond areas, incoming or outgoing pipes or channels, side
slopes, vegetation, access roads, etc. Deficiencies shall be noted in the inspection
report.
4. The Landowner, its successors and assigns, shall document all inspections,
maintenance activities, and repairs that are performed on the Facilities. Documents
shall be maintained by the Landowner, its successors and assigns, for a minimum period
of five (5) years and said documents shall be made available for review by, or copies
shall be provided to, the County upon request.
5. The Landowner, its successors and assigns, hereby grants permission to County, its
authorized agents, employees and contractors to enter upon the Property and to
inspect the Facilities whenever the County deems necessary. The purpose of such
inspections include the following reasons: to insure that the Facilities are being properly
maintained and are continuing to function as designed, to verify correction of reported
deficiencies, and to respond to citizen complaints. Such right of access will allow County
Page 2 of 7
to inspect the Facilities, but the County is under no obligation to conduct periodic
inspections. Defects or deficiencies discovered during any such inspection shall be
documented and specific measures to be taken to remedy such defect or deficiency
shall be described in writing, a copy of which shall be provided to the Landowner. The
Landowner agrees to perform promptly all needed maintenance and correct defects
and/or deficiencies, including sediment removal, reported to it by the County. Such
defects and/or deficiencies shall be corrected within a reasonable period of time as
determined between Landowner and County, but such period shall not exceed fifteen
(15) calendar days.
6. The Landowner, its successors and assigns, further agrees that when the County
determines that there exists a threat of imminent danger to life or property or other
emergency due to the Facilities, the County, or its agents, may enter immediately upon
the Property and take whatever reasonable steps it deems necessary to mitigate the
danger or emergency. Alternatively, the County may notify the Landowner by
telephone to take necessary action within a specified time period. Should Landowner
fail to respond, or should Landowner inform County that it does not intend to act within
the specified time period, then the County, or its agents, may enter immediately upon
the Property and take whatever reasonable steps it deems necessary to mitigate the
danger or emergency.
7. In the event the Landowner, its successors and assigns, fails to maintain the
Facilities, in good working order acceptable to the County, or to promptly correct
defects and/or deficiencies reported to it by the County within the prescribed time
period, the County may enter upon the Property and take whatever steps it deems
necessary to maintain said Facilities. This provision shall not be construed to allow
County to erect any structure of a permanent nature on the land of the Landowner
outside of the easement or property containing the Facilities. It is expressly understood
and agreed that County is under no obligation to maintain or repair said Facilities, and in
no event shall this Agreement be construed to impose any such obligations on County.
8. 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.
9. 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,
Page 3 of 7
materials, and the like, the Landowner, its successors and assigns, shall reimburse
County upon demand, within thirty (30) calendar days of receipt thereof for all costs
incurred by County hereunder. In collecting such charges, the County shall have
available to it all remedies accorded by law for the collection of unpaid debts.
10. It is the intent of this Agreement to ensure the proper maintenance of onsite Facilities
by the Landowner, its successors and assigns; provided, however, that this
Agreement shall not be deemed to create or affect any additional liability of any party
for damage alleged to result from or be caused by stormwater damage.
11. The Landowner, its successors and assigns, shall indemnify and hold the County and
its agents and employees harmless for any and all damages, accidents, casualties,
occurrences, or claims which might arise or be asserted against County from the
construction and/or maintenance of the described onsite Facilities by the Landowner or
County.
In the event a claim is asserted against County, its agents or employees, County shall
promptly notify the Landowner and the Landowner, its successors and assigns, shall
defend, at its own expense, any suit based on such claim. If any judgment or claim
against County, its agents or employees shall be allowed, the Landowner shall pay all
costs and expenses in connection therewith.
12. County shall not pay any compensation to Landowner, its successors and assigns, at
any time for its use of the Property in any way necessary for the inspection and
maintenance of the Facilities, including access to the Facilities.
13. This Agreement shall be governed by the laws of the Commonwealth of Virginia.
14. Provisions of this Agreement shall be severable and if any phrase, clause, sentence, or
provision is declared unconstitutional, or the applicability thereof to Landowner held
invalid, the remainder of this Agreement shall not be affected thereby.
15. Plans and specifications for stormwater management facilities and measures to be
undertaken on the subject property, along with any plats identifying facilities
areas and/or creating property rights to such areas, shall be attached hereto and
are hereby incorporated by reference as a part of this Agreement.
Page 4 of 7
This Agreement shall be recorded among the land records in the Clerk’s Office of
Montgomery County, Virginia, and shall constitute a covenant running with the
land,and shall be binding on the Landowner, its administrators, executors, assigns,
heirs, including any homeowners association and any other successors in interest.
17.
Such covenant running with the land shall be described in full or incorporated by
reference into each deed of conveyance out of th
e described Property, and such
covenant shall be noted on any subsequently recorded plat of subdivision or re-
subdivision of Property.
Page 5 of 7
16.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
on their behalf.
LANDOWNER:
(Full Name of Company, Corporation, or Partnership)
By: (SEAL)
(Duty Authorized Officer Signature)
As: (TITLE)
(Duty Authorized Officer Title)
LANDOWNER ACKNOWLEDGMENT
State of:
County/City of: , to wit:
The foregoing instrument was acknowledged before me this , day of ,
by: as on
(Duty Authorized Officer Printed Name) (Duty Authorized Officer Printed Title)
behalf of
(Insert Full Name of Company/Corporation/Partnership)
/
(Notary Public Signature) (Notary Public Printed Name)
My Commission expires: Registration #
Page 6 of 7
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BOARD OF SUPERVISORS OF MONTGOMERY COUNTY, VIRGINIA:
By: (SEAL)
Director of Engineering and Regulatory Compliance
COUNTY ACKNOWLEDGMENT
State of Virginia
County of Montgomery, to wit:
The foregoing instrument was acknowledged before me this , day of ,
by: , Director of Engineering and Regulatory Compliance, on
behalf of the Board of Supervisors on Montgomery County, Virginia.
/
(Notary Public Signature) (Notary Public Printed Name)
My Commission expires: Registration #
Page 7 of 7
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STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (Montgomery County, Virginia)

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Completed 6 August 2020

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