HomeMy WebLinkAboutSUB201800208 Agreements 2018-12-20i•�iSE:�iZ�Z�71EcZ:�iE:�iZ�S
Instrument Control Number
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
CLERK OF CIRCUIT cni JRT
Commonwealth of Virginia FILED
Dec 20, 2018
Land Record Instruments AT 11:39 am
Cover Sheet - Form A BOOK 05124
START PAGE 0059
[ILS VLR Cover Sheet Agent 1.0.66] END PAGE 0067
INST # 201800013818
T C
A O
Date of Instrument: [12/20/2018 ]
TOTAL NUM PAGES 0009
X R
Instrument Type: [AG ]
P
E
MEB
Number of Parcels [ 1 ]
X
Number of Pages [ 81 ------------------------------------
E
M
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City ❑County� [Albemarle County (Box for Deed Stamp Only)
]
P
First and Second Grantors
T
Last Name First Name Middle Name or Initial Suffix
[John A. Stalfort, III and ] [ ] [ ] [ ]
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
❑ ❑
Supervisors
[Board of ] [ ] [ ] [ ]
ofF1
El
Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ]
(Address 1) [401 McIntire Road ]
(Address 2) [ ]
(City, State, Zip) [Charlottesville ] [VA ] [22902 ]
Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ]
a
Prior Instr. Recorded at: City ❑ County x❑ [Albemarle County ] Percent. in this Juris. [ 100]
i
Book [3450 ] Page [283 ] Instr. No [ ]
Parcel Identification No (PIN) [07400-00-00-015N0 ]
Tax Map Num. (if different than PIN) [ ]
Short Property Description [Stalfort-ENS Residence - VSMP Plan ]
[WPO-2018-00071 ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Instrument Prepared by [Albemarle County CDD ]
Recording Paid for by [Dalgliesh, Gilpin & Paxton, PLLC ]
Return Recording to (Name) [Carla Harris ]
(Address 1) [Albemarle County Community Development Department ]
(Address 2) [401 McIntire Road -North Wing ]
(City, State, Zip) [Charlottesville ] [VA ] [22902 ]
Customer Case ID [ ] [ ] [ ]
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Cover Sheet Page # 1 of 1
201800013818.002
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tat Map Parcel 07400-00-00-015NO
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between JOHN A. STALFORT, III AND
GINEANE HOLLY STALFORT, hereinafter called the "Owner," and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter
called the "County-."
RECITALS
R-1. The Owner is the fee simple owner of certain real property described as Albemarle County
Tax Map Parcel 07400-00-00-015N0, as recorded in the Clerk's Office of the Circuit Court of
Albemarle Counq, Virginia, in Deed Book 3450, Fage 283, hereinafter called the "Property:"; and
R-2. The Owner is proceeding to build on and develop the Property; and
R-3. The Property is not within the County's 'Municipal Separate Storm Sewer System
(hereinafter, "1\4S4") jurisdictional area; and
R-4. The Site Plan/Subdivision Plat identified as Stalfort-ENS Residence, was approved and,
in conjunction therewith, a Stormwater 'Management Plan, identified as Stalfort-ENS Residence
VSMP Plan — WPO-2018-00071, hereinafter called the "Plan," which is expressly made a part
hereof, as approved or to be approved by, the County, and which provides for the detention and
water quality treatment of stormwater within the confines of the Property; and
R-5. The Plan and the land disturbing activity related thereto are subject to the Virginia
Stormwater 1\,Ianagement Act (Virginia Code § 62.1-44.15:24 etseq.), as implemented in part by
Chapter 17, Water Protection, of the Albemarle County- Code; and
R-6. 9VAC25-870-112 and Albemarle County Code § 17-415 require the Owner and the County
to enter into this agreement in order to ensure the long-term maintenance of the permanent
stormwater management facilities and/or other techniques required to serve the Property- and, for
those facilities within the County-'s MS4 jurisdictional area, 9VAC25-890-40 imposes additional
requirements, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through
Albemarle County Code § 17-415 and this Agreement; and
Version: 11/3/17
201800013818.003
R-7. For those facilities within the County's MS4 jurisdictional area, this Agreement also
addresses, in part, the County's obligations under Minimum Control Measure Number 5 (post -
construction stormwater management) in the Albemarle County 5-Year MS4 General Permit and
Program Plan; and
R-8. Albemarle County Code § 17-415 requires that permanent on -site stormwater management
facilities and/or other techniques, as shown on the Plan, including all pipes and channels built to
convey stormwater to and from the facilities, all structures, berms, inlet and outlet structures, pond
areas, filtration media, and forested and open space areas (which are considered to be a
nonstructural technique to meet stormwater management requirements), provided to control the
quantity and quality of the stormwater, access roads, and any other improvement that may affect the
proper functioning of the Facilities (hereinafter, "stormwater management facilities and other
techniques" are referred to individually as a "Facility" and collectively the "Facilities") be
constructed and adequately maintained by the Owner in perpetuity.
In consideration of the foregoing premises, the mutual covenants contained herein, and the
following terms and conditions, the parties hereto agree as follows:
1. Obligation of the Owner to construct the Facilities. The Owner shall construct and
protect the Facilities that are required to be constructed, and shall do so in accordance with the
Virginia Stormwater Management Act plans and specifications identified in the Plan.
2. Obligation of the Owner to maintain the Facilities. The Owner shall maintain the
Facilities in good working condition for so long as the Facilities exist, in a manner that meets or
i
exceeds the maintenance standards provided herein, subject to the following:
A. "Good working condition" defined. For the purposes of this Agreement, a Facility is
in "good working condition" when it performs its design function in accordance with the plans and
specifications identified in the Plan, including all conditions imposed in conjunction with approval
of the Plan, and complies with all applicable standards, as determined by the Albemarle County
Engineer (hereinafter, the "County Engineer").
B. "Maintain and maintenance" defined. For the purposes of this Agreement,
"maintain" and "maintenance" include, but are not limited to maintaining, repairing, replacing,
reconstructing, preserving, and restoring the Facilities or any part thereof necessary to comply with
the plans and specifications identified in the Plan.
C. Maintenance schedule. The Owner shall maintain the Facilities in compliance with the
maintenance schedule in the approved Plans as required under Albemarle County Code § 17-
403 (A) (5).
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D. Professional engineer may be required to direct work. The County Engineer may
require that specific maintenance work be performed under the direction of a professional engineer.
3. Inspections and the Inspection Report by the Owner. The Owner shall have the
Facilities inspected to ensure that the Facilities are in good working condition, subject to the
following:
A. Who may inspect the Facilities. The Facilities shall be inspected by the Owner or
upon written demand by the County Engineer by a person who: (1) is licensed as a professional
engineer, architect, landscape architect, or land surveyor pursuant to Virginia Code § 54.1-400 et seq.;
(2) .works under the direction and oversight of the licensed professional engineer, architect,
landscape architect, or land surveyor referenced in subsection (A)(1); or (3) who holds an
appropriate certificate of competence from the State Water Control Board.
B. What must be inspected. The inspections shall be conducted according to the
requirements of 9VAC25-870, et seq. or as that section is hereafter amended.
C. When inspections shall be conducted. The Facilities shall be inspected as specified in
the approved Plans or by the County Engineer.
D. What documents must be maintained. The inspection shall be documented on a
form provided by the County Engineer and shall be completed to the satisfaction of the County-
Engineer (hereinafter, the "Inspection Report"). At a minimum, the Inspection Report shall provide,
as applicable, the date of the inspection, the name of the inspector, a description of the condition of
all pipes and channels built to convey stormxvater to and from the facilities, all structures, berms,
inlet and outlet structures, pond areas, filtration media, forested and open space, vegetation provided
to control the quantity and quality of the stormwater, access roads, and any other improvement that
may affect the proper functioning of the Facilities, a list of all deficiencies causing the Facilities not
to be in good working condition, including all control measures not operating effectively and all
control measures that are inadequate, a list of required maintenance work to be performed so that
the Facilities are restored to good working condition, and the date by which the maintenance work
will be performed.
E. To whom and when an Inspection Report must be submitted. The Owner shall
submit the Inspection Report and any other requested inspected documentation to the Director,
Albemarle County Department of Facilities and Environmental Services, 401 i\,Iclntire Road,
Charlottesville, Virginia 22902 or a successor department, office and address delineated by the
County to the Owner. The Owner shall provide the Inspection Report to the Department within
thirty- (30) days after completion of the inspection.
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F. Section 3 satisfied if County conducts inspection in anyyear. The Owner's
obligation to have the Facilities inspected and to submit an Inspection Report under Section 3 shall
be deemed to be satisfied in any inspection period in which the County conducts an inspection
under Section 4 and as provided in Albemarle Count)- Code § 17-811.
G. Inspection Period defined. For the purposes of this Agreement, inspection period
means the one-year period beginning and ending on the anniversary of the date of this Agreement
first hereinabove written.
4. Permission to the County to inspect the Facilities. The Owner hereby grants permission
to the County, including its authorized agents and employees, to enter upon the Property- and to
inspect the Facilities whenever the County deems an inspection to be necessary, subject to the
following:
A. Purposes for County inspection. The County may inspect the Facilities for the
purpose of determining the condition of the Facilities including, but not limited to, determining
whether the Facilities are in good working condition, investigating any. deficiencies reported in the
Inspection Report, responding to citizen complaints about the Facilities, and inspecting or observing
any maintenance of the Facilities.
B. Prior notice to the Owner not required. The County shall not be required to provide
prior notice to the Owner to enter the Property to conduct the inspection.
C. Inspection findings and demand for maintenance. The County shall provide the
Owner with a copy of the findings of its inspection of the Facilities. If the inspection concludes that
maintenance of any of the Facilities is required, the County also shall provide the Owner with a
demand that the Owner maintain the Facilities and the date by which the maintenance work must be
completed.
d 5. The Owner's response to the Inspection, the Inspection Report or the County's
1
demand for maintenance. The Owner shall comply with the following:
A. Corrective action. If the inspection identifies the need for a corrective action, it shall be
completed as follows: (i) if the Albemarle County Engineer determines, in their sole discretion, that
failure to implement the corrective action creates an imminent or potentially imminent threat to the
public health or safety, the Owner shall complete corrective action as soon as practicable, but no
later than seven (7) days after discovers-; (ii) if an inspection identifies a Facility that is not operating
effectively, but is not an imminent or potentially imminent threat to the public health or safety, the
Owner shall complete corrective action as soon as practicable, but no later than sixty (60) days after
discovery or a longer period allowed in writing by the County Engineer; (iii) if an inspection
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identifies an existing Facility that needs to be modified or if an additional control measure is
necessary, implementation shall be completed prior to the next anticipated measureable storm event;
if implementation before the next anticipated measureable storm event is impractical, then it shall be
implemented no later than sixty (60) days after discovery or a longer period allowed in writing by the
County Engineer. The term "control measure" means any best management practice or stormwater
facility, or other method used to minimize the discharge of pollutants to State waters, or otherwise
restrict or alter the hydraulics of stormwater flow and discharge.
B. Maintenance. If the Inspection Report under Section 3 or the inspection conducted by
the County under Section 4 identifies Facility deficiencies, the Owner shall promptly complete the
maintenance work by the date specified in the Inspection Report or as demanded by the County.
When the maintenance work is completed, the person performing or directing the work shall certify
to the Count}- that the Facilities are in good working condition.
6. Right of the County to enter the Property to maintain the Facilities. If the Owner fails
to maintain the Facilities in good working condition as required by Section 2 or fails to complete
timely maintenance work as required by Section 5, the County, including its authorized agents and
employees, may enter upon the Property, and take whatever steps necessary, to bring the Facilities
into good working condition and to otherwise correct all deficiencies identified in the Inspection
Report under Section 3 or the inspection conducted by the County under Section 4, subject to the
following:
A. No right to erect permanent structures; exceptions. The County's right to take
"whatever steps necessary" shall not be construed to allow the County to erect any structure of a
permanent nature on the Property unless: (1) the structure is required to ensure that the Facilities
perform their design functions; or (2) it is a structure to house equipment to monitor the Facilities
and any fencing related thereto.
B. County not obligated to maintain the Facilities. It is expressly understood and
agreed that the County is under no obligation to repair or otherwise maintain the Facilities, and in
no event shall this Agreement be construed to impose any such obligation on the Counn .
7. Right of the County to charge the Owner for its costs of maintenance; obligation of
the Owner to reimburse the County. If the County performs any maintenance work on the
Facilities under Section 6, it will charge to the Owner all of the County's costs including, but not
limited to, those costs for labor, equipment, supplies, materials, and project or contract
administration. The Owner shall reimburse the County for its costs, subject to the following:
A. Written demand. The County shall send to the Owner a written demand for payment
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of all of its costs. The demand may be sent by first class mail to the address to which County- real
property tat bills are mailed or to another address provided by the Owner to the County.
B. Timely payment. The Owner shall reimburse the County for the costs identified in the
County's written demand within thirty (30) days after the date of the written demand.
C. Collection by County. The County may collect any amount not timely reimbursed by
the Owner in any manner authorized by law and may place alien against the Property in the amount
of the non -reimbursed costs, plus interest at the rate authorized by law.
8. Obligation of the Owner to indemnify and hold harmless the County. The following
shall apple to this Agreement:
A. No County liability. This Agreement imposes no liability of any kind whatsoever on
the County, including its agents, officers and employees.
B. Obligation of the Owner to indemnify and hold harmless. The Owner shall
indemnify and hold harmless the County, including its agents, officers and employees, for any and all
damages, accidents, casualties, occurrences or claims which might arise or be asserted against the
County, including its agents, officers and employees, resulting from the failure of the Facilities to
perform their design function or to otherwise operate properly; any repairs, maintenance,
construction, or any other acts performed by the County or the Owner, including their respective
agents, officers and employees, related to the Facilities, regardless of how those acts were performed
except if the County's acts are the product of willful misconduct; or the Facilities' existence.
C. Notice of and defense of actions. If a claim is asserted against the County, including
its agents, officers and employees, based upon anN, of the indemnities in subsection (B), the County
shall promptly notify the Owner of the claim. The Owner shall defend, at its expense, any lawsuit or
other action arising therefrom. If, as a result of a claim, any judgment is allowed against the County,
its agents, officers and employees, or any of them, the Owner shall pay all damages, costs, expenses
and fees associated with the judgment.
9. References to County departments and officers; successors. Any reference in this
Agreement to a County department or office includes its successor department or office as
determined by the County.
10. Covenant running with the land. This Agreement shall be recorded by the County in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, shall constitute a covenant
running with the land, and shall be binding on the Owner, its administrators, executors, assigns,
heirs and any other successors in interests, including any homeowners' association.
11. Date of this Agreement. This Agreement shall be deemed to have been entered into by the
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parties and shall be effecti-, e on and after the date it is signed by the Albemarle County Executive.
WITNESS the following signatures:
OWNER:
1
John A. Stalfort, III
Landowner
COi\4MOMVEALTH Of N7IRGINIA
COUNTY OF ,61 ,
The foregoing instrument was acknowledged before me this day of ,
a aLZ by John A. Stalfort, III, Landowner.
My Commission Expires: 03•31•
Registration Number: Da gg
Notary Public BARBARA W. PRICHARD
Comte of Work*
NOTARY PUBLIC
ID# 100884
•31• �01
.4DIMYCM n k
OWNER:
G ane Holly Stalfort
Landowner
COMMONWEALTH OF V RGINIA
—CrT'Y/COUNTY OF
The foregoing instrument was acknowledged before me this L day of
10si— by Gineane Holl;, Stalfort, Landowner.
Notary Public
My Commission Expires: 0.31.
Registration Number:/ tM W,,4
BARBARA W. PRICHARD
CwWwwaafrh Of wrgINe
NOTARY PUBLIC
ID# 100684
yy P3.;3 12D I °(
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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201800013818.009
CO WRichardson
E, VIRGINIA
By.e
County Executive
COMMONWEALTH OF VIRGINIA
CITY/C- eNTY OF LhCUH-04-e�y'11\,Z'
The foregoing instrument was acknowledged before me this lq day of 1')(Zg- i7cr ,
qO IS by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia.
L.
No ary Public
Mj, Commission Expires: Ib� Gl
Registration Number: 1551 ba
Approved as to Form:
Cou tq ttor ey Date
INSTRUMEI'17 #2VCIRC17 COURT CLERICS OFFICE
RECORDED ALBEMAPLE CO A
pec 20, 2018 A7 11:39 am
JON R.1201 CLERK by MEB
PAGE 00`� "0006T
BOOK 05124
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Version: 11/3/17