Asphalt Trail Maintenance Agreement

Woods at Warrenton

 

This Trail Maintenance Agreement (“Agreement”) is made this ______day of ____________, 2009, by and between the Fauquier County Board of Supervisors (Fauquier County) and the Woods at Warrenton Homeowners Association, Inc. (the Association)

 

RECITALS

             WHEREAS, Woods at Warrenton is a residential subdivision located in Fauquier County, Virginia located in Center Magisterial District; and

            WHEREAS, the Association is responsible for maintaining the common areas of the development including asphalt trails; and

            WHEREAS, a portion of asphalt trail is located within VDOT Right of Way at Swift Crossing Drive; and

            WHEREAS, that portion of the asphalt trail which falls within the right-of-way is controlled by the Virginia Department of Transportation (VDOT) and, therefore, requires a VDOT permit for its construction; and

            WHEREAS, VDOT will only issue permits for maintenance work within its right-of-way to governmental entities with the capacity to complete such work; and

            WHEREAS, Fauquier County agrees to obtain the necessary permits from VDOT to assure appropriate continued maintenance of the referenced asphalt trail at Swift Crossing Drive; and

            WHEREAS, the Fauquier County Board of Supervisors is authorize to engage a third party to actually perform maintenance work approved under a VDOT issued permit for which Fauquier County is the permittee; and

            WHEREAS, the Association agrees to be the County’s agent in implementing future repairs and improvements to the asphalt trail as allowed or required by the VDOT permit issued to Fauquier County;

            NOW THEREFORE, in consideration of the mutual obligations set forth herein, the Association and Fauquier County do hereby agree as follows:

 

TERMS

 

            1.         Fauquier County and the Association agree that Fauquier County has engaged the Association to perform maintenance of the asphalt trail within the VDOT right-of-way.

             2.         The Association acknowledges and agrees that it shall be responsible, at its own expense, to be funded as necessary by member assessments under the subdivision documents, bylaws, covenants and restrictions, for the maintenance of said asphalt trail.

             3.         Fauquier County acknowledges and agrees that it will execute the required VDOT permit associated with the location and maintenance of the portion of asphalt trail located within the VDOT right of way at Swift Crossing Drive.

             4.         Provisions of this agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the parties hereto or their respective successors or assigns.

             5.         The parties hereto agree to do any and all further acts and to execute, acknowledge, seal, and deliver any and all other and further instruments and documents (not otherwise inconsistent herewith) in order to consummate the transactions contemplated hereby.  The parties hereto shall cooperate with each other in every reasonable manner in order to fulfill each party’s obligations under this agreement.

             6.         The Association, its successors and assigns shall indemnify and hold Fauquier County and VDOT harmless from any loss, damage, injury, cost or other claim related to the maintenance of the asphalt trail, except those claims arising from the sole negligence of Fauquier County or VDOT.  The Association further agrees that it shall not seek indemnification or contribution from Fauquier County to correct any damages arising from the maintenance of the asphalt trail.

             7.          If the Association fails to perform its maintenance obligations as required by this agreement for a period of more than thirty (30) days after written notice is given to the Association by Fauquier County, the County shall have the right to perform such maintenance and the Association shall reimburse Fauquier County, as appropriate, upon demand for the cost of such maintenance.

 

[SIGNATURES CONTAINED ON FOLLOWING PAGE]


 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Woods at Warrenton Homeowners Association, Inc.

 

 

By:                                                                 

Name:                                                            

Title:                                                              

 

 

 

COMMONWEALTH OF VIRGINIA

COUNTY OF FAUQUIER, to-wit:

 

            The foregoing instrument was acknowledged before me this ______ day of ____________, 2009, by ___________________________.

 

                                                                                                                                                                                                                                                            _________________________

                                                                                                            Notary Public

My commission expires:

_____________________

 

Notary Registration No.

_____________________

 

 

Fauquier County Board of Supervisors

 

 

By:                                                                 

Name:                                                            

Title:                                                              

 

 

 

COMMONWEALTH OF VIRGINIA

COUNTY OF FAUQUIER, to-wit:

 

            The foregoing instrument was acknowledged before me this ______ day of ____________, 2009, by ___________________________.

 

                                                                                                            _________________________

                                                                                                            Notary Public

My commission expires:

_____________________

 

Notary Registration No.

_____________________

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