Erosion and Sediment Control Agreement

THIS AGREEMENT, made this _________ day of _________[month, year], by and between _________[name parties] a/an _________[specify entity], hereinafter called "Developer", party of the first part, and the County of _________, _________[state], hereinafter called "County", party of the second part.

W I T N E S S E T H

WHEREAS, Developer desires approval of plans for _________[specify property], which plans include provision for erosion and sediment control measures as required by Chapter _________ of the Code of the County of _________[county, state], and

WHEREAS, County desires to insure the installation, maintenance, and adequate performance of such control measures.

NOW THEREFORE, for and in consideration of the foregoing premises and the following terms and conditions, and in further consideration of the approval of the aforesaid plans by the County and the issuance of permits for the work proposed to be done thereunder, the parties hereto agree as follows:

1. Developer has either:

The deposit, letter of credit or assignment is designed to insure performance of the Developer's obligations and to insure full and complete reimbursement to the County in the event that it performs work or causes work to be performed pursuant to paragraphs 2, 3, and 4 of this agreement.

2. In the event measures for the control of sedimentation and/or erosion as provided for on the plans referred to herein, or on any approved revision thereof, are not constructed at or prior to the occurrence of any rainstorm or other phenomena actually causing any sedimentation and/or erosion, County shall have the right to enter upon Developer's property and construct such measures or do such other work as may be necessary to prevent further erosion or sedimentation, provided that County shall first give notice in writing to Developer or his superintendent of its intent so to do.

3. In the event measures for the control of sedimentation and/or erosion have been constructed, but fail, through overload and/or inadequate maintenance, to perform the function for which they were intended, County may, in like manner to paragraph 2 above, enter to perform such reconstruction or maintenance as may be necessary to restore performance in accord with the plans, or approved revisions thereof, upon giving notice in writing to Developer or his superintendent of its intent so to do.

4. In the event there occurs sedimentation and/or erosion from the property covered by the plans referred to herein in sufficient quantity adversely to affect downstream drainage, or travel on any street, road, highway, or other public way, then County may take such steps as may be necessary to restore functions to the affected drainage or travel way.

5. In the event County performs or causes to be performed work of any nature, including labor, use of equipment, and materials, under the provisions of paragraphs 2, 3, and 4 above, either by County forces or contract, the County may draw upon Developer's deposit, letter of credit or assignment in such amount and to the extent necessary to insure full and complete reimbursement of County for such work performed or caused to be performed pursuant to the provisions of paragraphs 2, 3, and 4 above. The County will deliver or mail to Developer a copy of an invoice for work performed or caused to be performed pursuant to this agreement.

6. In the event County makes disbursement pursuant hereto, Developer agrees within ten (10) calendar days of such disbursement either:

7. In addition to paragraph 6 above, and notwithstanding any other provision of this agreement to the contrary, where the cost to the County for work the County performs or causes to be performed pursuant to the provisions of paragraphs 2, 3, and 4 above, either by County forces or contract, exceeds the amount of deposit in escrow, letter of credit or assignment held by the County, Developer shall pay in full to the County such cost incurred by the County in excess of the escrow deposit, letter of credit or assignment within ten (10) calendar days of the time the County incurred such cost.

8. It is expressly agreed by all parties hereto that it is the purpose and intent of this agreement to insure the installation, maintenance, and performance of measures provided for on approved plans or revisions thereof, for the control of erosion and sedimentation, and for the restoration of function of facilities for drainage or vehicular travel if such facilities are adversely affected in their function by sedimentation or erosion from the property the subject of such plans.

9. It is expressly agreed by the parties hereto that either: