Bond No. 1 STORMWATER MANAGEMENT BOND

Bond No.

STORMWATER MANAGEMENT BOND

(MAINTENANCE)

KNOW ALL MEN BY THESE PRESENTS, THAT (Principal) and

(Surety), are held and firmly bound unto the Board of County Commissioners of Washington

County, Maryland (Board), in the amount of Dollars ($ ) in lawful money of the

United States of America, to be paid to the Board, its successors or assigns, to which payment the

Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly

and severally, firmly by these presents.

RECITALS

The Principal has requested that the following described stormwater management facility

(SWM Facility) enter the maintenance period required by the Stormwater Management Ordinance

for Washington County, Maryland (Ordinance) and has agreed to provide the aforementioned

security for said purposes:

Subdivision Name/Section or Phase:

Recorded Plat No.:

Name, Number or Location of Stormwater Management Facility:

Construction of the SWM Facility has been completed and the Surety guarantees the

maintenance and repair of the SWM Facility in accordance with the terms of the Ordinance and

the construction plans approved by the Director of Engineering of Washington County, dated

(Plans).

In addition to the obligations in the Ordinance and the Plans, the Surety guarantees that the

SWM Facility shall for a minimum period of two (2) years from the date of execution of this Bond

be maintained and repaired such that it remains the same or better condition as it existed on the

date that the SWM Facility received as-built approval from the Director of Permits and

Inspections/Code Official of Washington County.

NOW THEREFORE, the condition of the obligations evidenced by this Bond (Bond No.

) is such that, if the Principal faithfully performs all of the obligations of the Principal

relating to the maintenance and repair of the SWM Facility as indicated in the Ordinance, the

Plans, and herein, and shall fully indemnify and save harmless the Board from all costs and

damages which the Board may suffer by reason of maintenance or repair of the SWM Facility,

then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

Bond No.

The parties agree:

1. That the Surety guarantees the maintenance and repair of the SWM Facility in

accordance with the terms of the Ordinance and the Plans for a minimum period of two (2) years

from the date of execution of this Bond. During said period, the Surety guarantees that the SWM

Facility shall be maintained and repaired such that it remains in the same or better condition as it

existed on the date that the SWM Facility received as-built approval from Director of Permits and

Inspections/Code Official of Washington County. If, as determined by the Director of Permits and

Inspections/Code Official of Washington County, the SWM Facility is maintained and repaired

such that it remains in the same or better condition as it existed on the date that the SWM Facility

received as-built approval, then this Bond may be released upon approval of the Director of Permits

and Inspections/Code Official of Washington County.

2. If as determined by the Director of Permits and Inspections/Code Official of

Washington County, the SWM Facility is not maintained or repaired to the same condition as it

existed on the date that the SWM Facility received as-built approval, then the obligations of this

Bond shall not be released until such time as any and all outstanding maintenance or repair

requirements are fulfilled by the Principal or the Surety to the satisfaction of the Director of Permits

and Inspections/Code Official.

3. In the event of any default or violation of the Ordinance, Plans or this Bond on the

part of the Principal, a written statement of the particular facts showing the date and nature of such

default shall be provided to the Principal and the Surety by registered mail. If the Principal shall

fail to cure the default or violation and the Board executes its right to claim or recovery, the Surety

shall have the right and opportunity to assume the remainder of the Principal’s obligations and at

its option to perform or sublet the same. Otherwise, the Board shall be permitted to provide

maintenance and repair of the SWM Facility and may claim recovery against the Principal and/or

Surety.

4. No suit or action may be maintained in relation to this Bond unless it shall have

been instituted within three (3) years from the date that this Bond is released.

5. The Recitals are hereby incorporated as substantive provisions of this Stormwater

Management Bond.

WITNESS our hands and seals this _____ day of _______________, 20___.

Bond No.

OWNER/DEVELOPER:

FOR INDIVIDUALS

Witness:

(SEAL)

(Signature)

Printed Name

Witness:

(SEAL)

(Signature)

Printed Name

Developer (if not owner):

Phone No.:

Address:

FOR ENTITIES (i.e. corporations, partnerships, limited liability companies)

ATTEST/WITNESS:

(Entity Name)

BY:

(SEAL)

(Signature)

(Printed Name and Title)

Developer (if not owner):

Phone No.:

Address:

Bond No.

Surety Company

WITNESS:

BY:

Attorney-in-Fact

Issuing Agency Contact Name and Title:

Company Name:

Phone No.:

Address:

Approved & Accepted by:

Director of Permits &

Inspections/Code Official

Approved as to form legal

sufficiency:

County Attorney

Approved & Accepted by:

Real Property Administrator