hereinafter the “Owner”, and the Board of Supervisors of Fairfax County, Virginia, hereinafter the “County”:
WITNESSETH: WHEREAS, the Owner is the owner of certain real property, more particularly described as Insert Legal Description of Property as recorded in the land records of Fairfax County, Virginia, in Deed Book hereinafter called the “Property;” and WHEREAS, part of the above-described property of the Owner is located within the flood plain as designated and adopted by the County; and WHEREAS, the County has advised and warned the Owner of the location and existence of the flood WHEREAS, the Owner nonetheless wishes and elects to build at its own risk within that flood plain: NOW, THEREFORE, in consideration of the mutual covenants herein contained and other goods and valuable consideration, the parties hereto agree as follows: 1. The County hereby permits the Owner to construct or cause to be constructed on the above-described property within the flood plain as shown on Attachment A. 2. The Owner, its executors, administrators, assigns and any other successors-in-interest shall indemnify and hold the County, its agents and employees harmless for any and all damages,accidents, casualties, injuries, costs, charges, liabilities, occurrences or claims which might arise or
be asserted against the County by reason of the construction, existence, presence of flooding of the or any appurtenances thereto. 3. In the event a claim is asserted against the County, its agents or employees, the County shall promptly notify the Owner, and the Owner shall defend at his own expense any suit based on such claim. If any judgment or claims against the County, its agents or employees shall be allowed, the Owner shall pay all costs and expenses in connection therewith. 4. It is expressly understood and agreed that the maintenance of the shall be solely the responsibility of the Owner or its successors in interests. 5. This Agreement shall constitute a covenant real running with the land and shall be recorded amongst the land records of Fairfax County, Virginia. Page 1 of 2 Revised March 2017This website or its third-party tools use cookies, which are necessary to its functioning and required to achieve the purposes illustrated in the cookie policy. If you want to know more or withdraw your consent to all or some of the cookies, please refer to the cookie policy.
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