Plat tiled in Plat Book 1, Page L540’-iif 5?)”, 3 5'”, 3 7“? ‘A 3715‘ \ ti/1072 BK l It l It PF» 6 9 1+ nu on-‘art-pmc lyt Ht/\NK|,lN. Irenmzv. man I uwsou. r.t.c wiymu.-\ Vlqllll THIS AGREEMENT made and entered into this 26th day of March, I999, by and between W. BOUTROS AND COMPANY, a Virginia corporation, party of the first part, hereinafler referred to as “Developer,” and THE COUNTY OF AUGUSTA, VIRGINIA, party of the second part, hereinafier referred to as “County.” **** WITNESSETI-I "*** WHEREAS, Developer is the owner of certain real estate situate in Wayne District, Augusta County, Virginia, containing 31.5219 acres, which is a portion of the real estate conveyed to the Developer by deed of Wafaiey R. Boutros and Jocelyne Boutros, his wife, dated February 22, I989, of record in the Augusta County Circuit Court Clerk's Oflice in Deed Book 962, Page 250, a portion of which is to be developed as Emerald Hills Subdivision, Section 4; and WHEREAS, Developer has submitted to the County a plat for Emerald Hills Subdivision, Section 4, containing 31.5219 acres, which plat delineates one “detention easement” to handle an anticipated increase of storm water run-off. The tenn “Subdivision” shall hereinafier refer to “Emerald Hills Subdivision, Section 4"; and WHEREAS, Developer desires that the roads in the subdivision be taken into and be made a part of the Secondary Highway System of the Commonwealth of Virginia, and be maintained by the Department of Transportation; and WHEREAS, the Department 0fTranspottati0n will not accept any new road in new subdivisions into the Secondary System of Highways until there shall be a continuous drainage easement fi'om such road to natural watercourses or an executed agreement with the appropriate goveming body, whereby the local goveming body i t ,..., l . t t glut, | ME695 assumes the responsibility for the future maintenance and operation of an altemate method determined by the Commonwealth as satisfactory for handling the storm drainage; and i WHEREAS, both the Developer and the County acknowledge that this standard is desirable to assure safe thoroughfares for the traveling public, with mammum security to neighboring land owners; and WHEREAS, the County had adopted a general -policy regarding the handling of stonn waters resulting from development occurring in Augusta County which permits the use of on-site stonn water detention facilities, provided such facilities are designated to the prescribed criteria and the Developer, its successors and assigns, is obligated to construct, maintain and operate such facilities until ninety-five percent (95%) of all land in the watershed to be developed has been built upon and made ready for residential occupancy; and WHEREAS, in consideration of the approval by the County of the Subdivision and the willingness of the County to assume the responsibility for the fiiture maintenance and operation of the said facilities, the Developer has agreed on behalf of itself and its successors and assigns to assume the obligation of constructing, maintaining and operating such facilities until ninety-five percent (95%) of the Subdivision has been subdivided into lots and has been built upon and made ready for residential occupancy. For purposes of this Agreement the tenn “Developer or its successors or assigns shall mean the party of the first part and its successors in title to the above-described real state, excluding individual purchasers of lots in said subdivision. NOW THEREFORE, in consideration of the premises and of the mutual covenants hereinafler stipulated to be kept and performed, it is agreed between the parties hereto as follows: v- l 1 l. 1 t ¢ l l l l l _ _ T. l: it 9':-*5“: _ _. \ _ A Bllllillil-V1696 . - .A, THE DEVELOPER OR ITS SUCCESSORS‘ AND ASSIGNS SHALL: l. Construct or cause to be constructed, at no cost to the County, an adequate on-site stonn water detention facility to intercept the peak stomi water run-off expected to recur on an average of once every twenty-five (25) years, and emergency spillways based on a l00 year frequency stoma fiom the roads and other areas within the property of the Developer. . 2. Maintain or cause to be maintained at no cost to the County, the on-site water detention facility noted in Paragraph l above, so as to permit it to function as designed and in such a manner as not to result in nuisances, health or safety hazards, or damage by reason of increased drainage, to property in the area to be affected. 3. Secure all rights of way or right of way easements necessary to cover the construction and maintenance of the detention facility noted in Paragraph l above, and to have its construction completed prior to the request for the addition of the streets in the Subdivision into the Secondary System of Highways. 4. Indemnity and hold harmless the County fitom any and all claims for taking and/or damaging under Article l, Section ll of the Revised Constitution of Virginia of property of any and all landowners who might be adversely affected by drainage which exists the boundaries of the Subdivision. 5. lndemnify and hold hamiless the County from any and all costs or expenses ll‘lCll!TCd as a result of the denial, settlement and/or litigation of such claims for taking and/or damages for drainage from the Subdivision. V 6. Reimburse the County for repairs to roadways damaged as a result of the lack of an adequate design and/or proper maintenance to the on-site storm water detention facility for the Subdivision. C ""1 \ » 8l(lli|lil‘l§697 7. The Developer agrees not to undertake any future development in the watershed upstream of this proposed detention facility prior to provisions, as are mutually agreed upon by the County and the Developer, being made to adequately provide for the anticipated increased run-off caused by such future development. 8. Notwithstanding any provisions in this Agreement which may appear to be to the contrary, the county shall not be deemed to have assumed any liabilities, expenses or costs of the landowner or the Developer with respect to liabilities to or claims by third parties which may result from any lack of an adequate design or proper maintenance of the on-site stonn water detention facility for the Subdivision. 9. The Developer and its successors and assigns, hereby assume the obligation of constructing, maintaining and operating the on-site storm water detention and storage basin and related facilities until ninety-five (95%) of the Subdivision has been subdivided into lots and has been built upon and made ready for residential occupancy. _ l0. The Developer agrees to impose an obligation on the Emerald Hills Homeowner's Association, Inc. and the individual lot ovmers to keep plant growth in the drainage easements and in the detention easement mowed so that it never exceeds fifteen inches (l5') in height, and further to impose an obligation on the Emerald Hills Homeowner's Association, Inc to similarly maintain the detention easement in Section 3, Emerald Hills Subdivision. Such obligations shall be covenants running with the land and shall inure to the benefit of the County and shall pemit the County, in the event of the Association's or owner's failure to comply, to enter said lot and mow the plant growth. ln such event, the cost or expense thereof shall be chargeable to and paid by said Association or lot owners and may be collected by the County as taxes and levies are collected. r' n l l l l. gflrrs \ I 5 B|(|lil!,m;593 B. THE COUNTY SHALL: t After ninety-five percent (95%) of the land in the Subdivision has been subdivided into lots and has been built upon and made ready for residential occupancy, the Coimty shall have full responsibility for maintenance and operation of the faciltities and the Developer relieved of all future liability and/or obligation thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year above written: ‘ W. BOUTROS AND COMPANY BY: ?/ /7 2 i , gem.) Wafaiey iitros, President "T COUNTY OF AUGUSTA, VIRGINIA BY: _ #1’ ~.W ’ @-K(./ (SEAL) STATE OF VIRGINIA, AT LARGE CITY/COUNTY OF Ai1((}1..Q /gt , To-Wit: . . < . l§+ The foregoing instrument was acknowledged before me this day of 1 l ff )3)‘; ( , I999, on behalf of W. Boiitros & Company by Wafaiey R. Boutros, President. My commission expires:§ /hp Ii _ Q /111' W [Z (,!.l[u.Lt,‘g . f Qi/‘Qgq Notary Public .t 'F“‘ Bl(lls|liP|7699 STATE OF VIRGINIA, AT LARGE To- 1 cm!/c_9uNTY 05 A14 344$ , , W't: - 6+ The foregoing instrument was acknowledged before me this I ‘ day of J 1999. on behalf of the County of Augusta, Virginie, by ])d.£¢~E_ ._LQ_liI\"(fin' Olt (iommo/l\I*\| I)“/‘Cil>(,7fI’lfl'1~.i_ iMy commission expires: ‘~20, (Q C9-'9 . State Tn County Tn WQ/IKKLL 6 . QUWLW» Notary Public 01'.‘ S ___ VIRGINIA: In the Clerk‘: Offire ofthu S Cir ult Cour! of ugustr County Vl. ZIJ ' ' . , Transfer Fee 112 S { 4,! 5 I9 Ihll Clerk‘: Fee Jlll St. Library Tech. Fund Sme Tn Local Tu TOTA L S_i£_QQ_ wri ng was ldmilledr record ll I45 S_._z;_@_ /-'2} o'clock _é.M. and the I06 S if OQ Tn Imposed by Secllnn 55‘!-B02 aflho DJ! S Code ofVirgInIn In the amt. of 110 S S "-_'_’ In: been paid. TESTE JUIIN D AVIS, CLERK :11! 9". .__ mi» Cl-rk - 4 47;;-M" ""7"':‘;§;;l.~1:¢%2-";*_-'*§;s.w2;_.-—'";=~r I l i :w==~