THIS AGREEMENT, made thisday of, 20, by and betweena/an
(specify entity), ("Developer"), and Goochland County (“County”).
WHEREAS, Developer desires approval of plans related to (Project Name and Permit No.) (referred to as “Plans” and specifically including any revisions thereto), which include provision of erosion and sediment control measures as required by Chapter 5 of the Goochland County Code on property located at(“Property”); and WHEREAS, County desires to ensure the installation, maintenance and adequate
performance of such control measures.
NOW, THEREFORE, for and in consideration of the foregoing, and the following terms and conditions, and in further consideration of the County’s approval of the Plans and any accompanying permits, the parties agree as follows:
1. Developer has provided a Surety as follows: (check one)
a.Deposited with County, and County by its execution hereof acknowledges that it holds in escrow, the sum of Dollars ($), which deposit is subject to this Agreement, or;
b.Furnished County an Irrevocable Letter of Credit, Performance Bond, or Assignment of Certificate of Deposit in the sum of
Dollars ($), the terms and conditions of which are acceptable in substance and in form to the County Attorney, and which is subject to this Agreement. A copy of this document is attached.
The Surety is designed to ensure performance of the Developer's obligations and to ensure full and complete reimbursement to County in the event that County performs work or causes work to be performed pursuant to this Agreement.
2. In the event that measures for the control of sedimentation and/or erosion are not constructed in accordance with the Plans, County may enter upon the 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 written notice to Developer of its intent to do so.
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 enter upon the Property to perform such reconstruction or maintenance as may be necessary to restore performance in accordance with the Plans, upon first giving notice written to Developer of its intent to do so. Further, in the event there occurs sedimentation and/or erosion of the Property in sufficient quantity to adversely affect downstream drainage, or travel on any street, road, highway, or public way, then County may enter upon the Property to take such steps as may be necessary to restore functions to the affected drainage or travel way.
4. In the event County performs or causes to be performed work of any nature, including labor, use of equipment, and materials hereunder, County may draw upon the Surety in such amount and to the extent necessary to provide full and complete reimbursement to County for such work performed. County will deliver or mail to Developer a notice of draw.
5. In the event County makes a draw, Developer agrees that within ten (10) calendar days of County’s notice of draw, it will replace or restore the Surety to the amount prior to the draw.
6. Where the cost of the work exceeds the amount of the Surety, Developer shall pay County in full, within ten (10) calendar days of County’s notice of draw, any cost incurred by County in excess of the Surety.
7. The parties agree that the purpose and intent of this Agreement is to ensure the installation, maintenance, and performance of measures on the Plans, for the control of erosion and sedimentation, and for the restoration or functions of facilities for drainage or vehicular travel if such facilities are adversely affected in their function by sedimentation or erosion from the Property.
8. The parties agree that the Surety will be held by County unless utilized as described in this Agreement or unless County otherwise releases it to the Developer.
9. The parties agree that this Agreement will remain in force for either three (3) years with a renewal for one (1) additional year, or the expiration of the Surety, whichever first
occurs. If the work required by the Plans has not been completed by the expiration of this Agreement, Developer will need to execute a new agreement and provide a new Surety, the required amount of which may be adjusted based on an updated estimate of the costs to cover the obligations in this Agreement and/or the Plans.
The parties hereby agree to be bound as evidenced by the signatures below of their authorized representatives.