Stormwater Management Agreement Form

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District: ___________________
Tax Map: ________________________
STORMWATER MANAGEMENT AGREEMENT
THIS AGREEMENT, made this __________ day of ____________________________, _________, by and
between _____________________________________________________________________________________
____________________________________________________________________________________________
Insert Full Name of Owner(s)
hereinafter called “Landowner”, and the Board of Supervisors of Fairfax County, Virginia, hereinafter called “County”:
WITNESSETH:
WHEREAS, the Landowner is the owner of certain real property, more particularly described as
____________________________________________________________________________________________
Insert Legal Description of Property
____________________________________________________________________________________________
____________________________________________________________________________________________
__________________________________________________________
____________________________
Plan Name
Tax Map Number
as recorded by Deed in the land records of Fairfax County, Virginia, in Deed Book ____________________ at
Page_____________, hereinafter called the “Property”; and
WHEREAS, the Landowner is proceeding to build on and develop the Property; and
WHEREAS, Site Plan/Subdivision Plan Number ________________-_________-__________ hereinafter
called the “Plan” which is expressly made a part hereof, as approved or to be approved by the County, provides for
management of stormwater within the confines of the property; and
WHEREAS, the County and the Landowner agree that the health, safety, and welfare of the residents of
Fairfax County, Virginia, require that on-site stormwater detention facilities, and/or stormwater quality control
facilities, hereinafter called stormwater management facilities, be constructed and maintained on the property; and
WHEREAS, the County requires that on-site stormwater management facilities as shown on the Plan be
constructed and adequately maintained by the Landowner.
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 plans and specifications identified in the Plan.
2. The Landowner shall maintain the stormwater management facilities as shown on the Plan in good
working order acceptable to the County and in accordance with the specific maintenance requirements noted on the
Plan and/or attached hereto as Attachment A, where applicable.
3. The Landowner hereby grants permission to the County, its authorized agents and employees, to enter
upon the Property and to inspect the stormwater management facilities whenever it deems necessary. Whenever
reasonably possible, the County shall attempt to notify the Landowner prior to entering the Property.
4. In the event the Landowner fails to maintain the stormwater management facilities, as shown on the
Plan, in good working order acceptable to the County and in accordance with the specific maintenance requirements
noted on the Plan and attached hereto, the County may enter upon the Property and take whatever steps it deems
necessary to maintain said stormwater management facilities. This provision shall not be construed to allow the
County to erect any structure of a permanent nature on the land of the Landowner. It is expressly understood and
agreed that the County is under no obligation to maintain or repair said facilities, and in no event shall this Agreement
be construed to impose any such obligation on the County.
5. 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 shall
reimburse the County upon demand, within ten (10) days of receipt of an invoice thereof for all costs incurred by the
County hereunder.
6. It is the intent of this Agreement to insure the proper maintenance of on-site stormwater management
facilities by the Landowner; provided, however, that this Agreement shall not be deemed to create or effect any
additional liability of any party for damage alleged to result from or be caused by stormwater drainage.
7. The Landowner, it executors, administrators, assigns, and any other successors in interest, shall
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