Form #1 - Hold Harmless Agreement - Fairfax County, Virginia

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FORM #1
Project Number
Tax Map Number
HOLD HARMLESS AGREEMENT
THIS AGREEMENT, made this
day of
,
, by and
between
hereinafter the “Owner”, and the Board of Supervisors of Fairfax County, Virginia, hereinafter the “County”:
WITNESSETH:
WHEREAS, the Owner is the owner of certain real property, more particularly described as
Insert Legal Description of Property
as recorded in the land records of Fairfax County, Virginia, in Deed Book
at Page
,
hereinafter called the “Property;” and
WHEREAS, part of the above-described property of the Owner is located within the
flood plain as designated and adopted by the County; and
WHEREAS, the County has advised and warned the Owner of the location and existence of the flood
plain; and
WHEREAS, the Owner nonetheless wishes and elects to build at its own risk within that flood plain:
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other goods and
valuable consideration, the parties hereto agree as follows:
1. The County hereby permits the Owner to construct or cause to be constructed
on the above-described property within the
flood plain as shown on Attachment A.
2. The Owner, its executors, administrators, assigns and any other successors-in-interest shall
indemnify and hold the County, its agents and employees harmless for any and all damages,
accidents, casualties, injuries, costs, charges, liabilities, occurrences or claims which might arise or
be asserted against the County by reason of the construction, existence, presence of flooding of the
or any appurtenances thereto.
3. In the event a claim is asserted against the County, its agents or employees, the County shall
promptly notify the Owner, and the Owner shall defend at his own expense any suit based on such
claim. If any judgment or claims against the County, its agents or employees shall be allowed, the
Owner shall pay all costs and expenses in connection therewith.
4. It is expressly understood and agreed that the maintenance of the
shall be solely the responsibility of the Owner or its successors in interests.
5. This Agreement shall constitute a covenant real running with the land and shall be recorded
amongst the land records of Fairfax County, Virginia.
Page 1 of 2
Revised March 2017

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