DECLARATION OF COVENANTS

INSPECTION/MAINTENANCE OF RUNOFF CONTROL MEASURES

THIS DECLARATION, made this _________ day of _________[month], _________[year], between _________[name parties] and all successors in interest, hereinafter referred to as the "COVENANTOR(S),” owner(s) of the following property: _________[specify property] on which best management practices, hereinafter referred to as "BMPs", to control stormwater runoff have been constructed, and County of _________, _________[state], hereinafter referred to as the "COUNTY."

WITNESSETH:

We, the COVENANTOR(S), with full authority to execute deeds, mortgages, other covenants, and all rights, titles and interests in the property described above, do hereby covenant with the COUNTY as follows:

1. The COVENANTOR(S) shall provide maintenance for the BMPs located on and serving the above-described property to ensure that the BMPs are and remain in proper working condition in accordance with approved design standards and with applicable legal requirements.

2. If necessary, the COVENANTOR(S) shall levy regular or special assessments against all present or subsequent owners of property served by the BMPs to ensure that the BMPs are properly maintained.

3. The COVENANTOR(S) shall provide and maintain perpetual access for public rights-of-way to the BMPs for the COUNTY, its agents and its contractors.

4. The COVENANTOR(S) shall grant the COUNTY, its agents and its contractors, a right of entry to the BMPs for the purpose of inspecting, operating, installing, constructing, reconstructing, maintaining or repairing the BMPS, as necessary.

5. If, after reasonable notice by the COUNTY, the COVENANTOR(S) shall fail to maintain the BMPs to control stormwater runoff in accordance with the requirements of Section _________[cite section] of the County Code in effect at the date of these covenants, the COUNTY may perform all necessary repair or maintenance work, and the COUNTY may assess the COVENANTOR(S) and/or all property served by the BMPs for the cost of the work and any applicable penalties.

6. The COVENANTOR(S) shall indemnify and save the COUNTY harmless from any and all claims for damages to persons or property arising from the installation, construction, maintenance, repair, operation or use of the BMPS.

7. The COVENANTOR(S) shall promptly notify the COUNTY when the COVENANTOR(S) legally transfer any of the COVENANTOR(S)' responsibilities for the BMPS. The COVENANTOR(S) shall supply the COUNTY with a copy of any document of transfer, executed by both parties.

8. The covenants contained herein shall run with the land and shall bind the COVENANTOR(S) and the COVENANTOR(S)' heirs, executors, administrators, successors and assignees, and shall bind all present and subsequent owners of property served by the BMPs as long as they own an interest in the property.

9. This COVENANT shall be recorded in the Circuit Court of Henrico County.

IN WITNESS, the COVENANTOR(S) have executed this DECLARATION OF COVENANTS as of this _________ day of _________[month], _________[year].