Fill and Sign the Easement Water Agreement Form

CITY OF                                     , VIRGINIA EASEMENT AGREEMENT FOR MAINTENANCE OF RETENTION POND THIS DEED OF EASEMENT, made and entered into this       day of                                     , 20       , by and between                                           , its successors and assigns, hereinafter referred to as "Owner," party of the first part; and the CITY OF                                           , VIRGINIA, a Municipal Corporation of the Commonwealth of Virginia, and its successors and assigns, hereinafter referred to as "City," party of the second part, whose address is                                     ,                               ,                         ,                                     ,             . NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of                         and other good and valuable consideration, the receipt of which is hereby acknowledged, the Owner does hereby grant and convey with GENERAL WARRANTY unto the City an easement and right-of-way for the purpose of guaranteeing the maintenance of a storm water drainage system consisting of a retention pond and related facilities, all as shown and described on the approved "Plan" which is on file in the Office of the City Engineer, and is made a part hereof by reference, under, through, upon, over and across the property of the Owner located in the City of                         , Virginia, together with all of the rights and privileges hereinafter enumerated pertaining to said property, being more particularly bounded and described as follows:                                                                                                                                                                                                                                                                                                                                                                                                       [Description of Property] This easement is granted for the following purposes and subject to the following conditions: 1. Maintenance of the Retention Pond The Owner agrees that it shall maintain indefinitely the Retention Pond in a manner which will permit the Retention Pond to perform the purposes for which it was designed and constructed, and in accordance with the standards by which it was designed and constructed, all as shown and described on the approved Plan hereinabove referred to. Specifically, the Owner agrees that it shall: A. remove silt and other debris from the Retention Pond so as to maintain the elevation of the bottom of the Retention Pond as shown on the approved plans. B. plant and mow grass or maintain a vegetative cover on the slopes surrounding the Retention Pond, and C. maintain in good order and repair the principal and emergency spillways which serve as the outflow devices for the Retention Pond. 2. Final Inspection Reports 1 The Owner agrees that, upon completion of the storm water management facility, it will retain at its expense a Professional Engineer registered in Virginia and approved by the City to certify in writing to the City within thirty (30) days of completion that the storm water management facility is constructed in accordance with the approved plans and specifications. 3. Inspection for Preventive Maintenance A. The Owner agrees to cause inspections to be made of the storm water management facility by a Professional Engineer registered in Virginia, retained by the Owner at its expense, and approved by the City. The inspection shall occur during the last sixty (60) days of the first year of operation and at least once every three (3) years thereafter. B. The inspection reports shall be submitted in writing to the City within thirty (30) days after each inspection and shall include the following: (1) the date of inspection; (2) name of inspector; (3) the condition of: (a) vegetation; (b) fences; (c) spillways; (d) embankments; (e) reservoir area; (f) inlet and outlet channels; (g) underground drainage structures; (h) sediment load; (i) gates and valves; or (j) any other item that could affect the proper function of the storm water management system; and C. The Owner agrees to perform promptly all needed maintenance reported by the Inspector. 4. Rights of the City in the Event of Default by the Owner In the event of any default or failure by the Owner in the performance of any of the covenants and warranties pertaining to the maintenance of the Retention Pond, in accordance with the terms and conditions hereof, which continues for a period of thirty (30) days after notice in writing thereof given to the Owner by the City, the City shall have the right, at its option, to enter upon the properties owned by the Owner and, for the account of the Owner, maintain and repair the Retention Pond as provided herein. All costs thereof shall constitute a lien upon the properties owned by the Owner. Nothing herein shall obligate the City to maintain the Retention Pond. 5. Indemnification of City The Owner hereby agrees that it shall save, hold harmless, and indemnify the City from and against all liability, losses, claims, demands, costs and expenses arising from, or out of, default or failure by the Owner to maintain the Retention Pond, in accordance with the terms and conditions set forth herein or arising from, or out of, the construction, operation, repair or maintenance of the Retention Pond. 6. No Public Rights The parties hereto expressly do not intend by execution of this Agreement to create in the public, or any member thereof, any rights as a third party beneficiary or to authorize 2 anyone not a party hereto to maintain a suit for any damages pursuant to the terms or provisions of this Agreement. 7. Covenants Running With the Land The foregoing agreements shall be covenants which run with the land and shall inure solely to the benefit of, and shall be binding upon the parties hereto, their respective successors and assigns, and all subsequent owners of the property. 8. Recordation Upon execution of this Agreement, it shall be recorded in the Clerk’s Office of the Circuit Court of the City of                         , Virginia, at the Owner’s expense. WITNESS the following signatures:                                                       OWNER By                                                 Type or Print Name                                                                                                                                                                                           Accepted:                                     CITY OF                               , VIRGINIA By                                     City Manager Attest:                                     City Clerk Approved as to location and size:                                     City Engineer Approved as to form:                               City Attorney STATE OF                               , City/County of                                     , to-wit: The foregoing instrument was acknowledged before me this       day of                                     , 20       , by                                     , 3 on behalf of                                           , Owner.                                     Notary Public My commission expires:                   COMMONWEALTH OF VIRGINIA, City of                               , to-wit: The foregoing instrument was acknowledged before me this       day of                         , 20       , by                         , City Manager, on behalf of the City of                               , Virginia.                                           Notary Public My commission expires:                         4