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Four Seasons & Cunningham Agreement


AGREEMINT

THIS AGREEMENT is dated this 23rd day of Sept. 1992 by and between the FOUR SEASONS COMMUNITY ASSOCIATION, INC. (hereinafter referred to as the "Association") and CUNNINGHAM. EXCAVATING, INC. (hereinafter referred to as "Cunningham").

WEREAS, on July 24, 1992 the Administrative Hearing Office of Anne Arundel County approved a Special Excavation application filed by Cunningham for approval of a Rubble Landfill operation on property located adjacent to the Four Seasons Community; and,

WHEREAS, the above decision contained certain conditions under which the approval was granted; and

WHEREAS, one condition, was that an agreement must be in place between the Association and Cunningham providing for protection for the Community from the operation of the Landfill; and

WHEREAS, the parties have agreed to certain additional conditions on the operation of the Landfill, and desire to put those conditions in writing between the parties.

THEREFORE, in consideration of the covenants and conditions contained herein, it is hereby agreed between the parties as follows:

1. All traffic shall enter and exit the site using Race Track Road. There shall be no access to the property for the purpose of sand and gravel, or landfill operations via Maytime Drive or Evergreen Road.

2. A berm shall be constructed in the area indicated on Exhibit A, which is attached to and made a part of this Agreement, before the sand and gravel operation begins and shall remain in place indefinitely. The berm shall be constructed entirely of dirt. The earth berm shall be a minimum of 20 feet high and shall be as wide as required by soil conservation and sediment control and the fence at the base of the berm shall not be closer than 900 feet from the community. The length of the berm shall extend from the existing tree line to the north, to the existing tree line on. the south, an approximate distance of 600 feet, as shown on Exhibit A. The berm, in combination with other screenage, will prevent the operation from.being seen by the residents of Four Seasons.

3. Trees shall be planted and maintained with annual replacement of dead or diseased trees as indicated on Exhibit A.  1) The trees abutting with Four Season Estates will consist of one (1) row of twenty-six (26) Red Maples at thirty (30) feet apart and three (3) rows of two hundred twelve (212) Black Pines at ten (10) feet apart,  2) the trees abutting with the berm will consist of one (1) row of fourteen (14) Red Maples at thirty (30) feet apart and three (3) rows consisting of eighty-seven (87) Black Pines at ten (10) feet apart.

4. Neither the sand and gravel operation, nor the rubble landfill operation will ever be operated in the 1000 foot setback area indicated on the Special Exception site plan.

5. The site shall be fenced by a six foot high chain link fence as required by the County in order to protect public safety. The fence shall be placed so as to enclose the berm separating it from the community. Further, Cunningham will coordinate with the Recreation and Parks Department concerning the location of the fence at their property.

6. The County shall inspect the site on a daily basis during landfill operations, and otherwise as required by the County. A copy of the agreement between the County and Cunningham appended as an Addendum of this agreement. Further, Cunningham shall provide the Four Seasons Community Association with quarterly (four times per year) reports highlighting the County's findings.

7. Cunningham, or its representative, shall provide the Four Seasons Community Association with copies of the results of the groundwater tests taken from the monitoring wells at least quarterly (four times per year).

8. Within twenty-four (24) hours after contacting Cunningham Excavating, Inc., representatives of the Four Seasons Community Association will be allowed to visit the operation. Such visit will be coordinated with Cunningham Excavating, Inc. Further, that such visits may be in conjunction with the County and/or State Inspectors.

9. As long as this agreement is valid and effective, the Association shall withdraw its appeal of the decision of the Administrative Hearing Officer and not oppose Cunningham's use of the property consistent with this agreement at any appeal hearing of said decision.

10. The construction of the berm shall not result in an additional water drainage to property owned by residents of Four Seasons.

11. This agreement shall survive the current special exception and become part of any subsequent exception.

WITNESS the hands and seals of the parties to this Agreement

Attest: FOUR SEASONS COMMUNITY
ASSOCIATION, INC
Vera M. Smith Joan C. Berry
   
  CUNNINGHAM EXCAVATING, INC.
Carolyn Marino James Cunningham

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