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Home My WebLink AboutWPO201500055 Agreement - SWM Maintenance 2019-02-15T C A O X R P E X E M P T I ■ Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [5/9/2016 Instrument Type: [AG Number of Parcels [ 11 Doc ID: 033334470004 Type: DEE Recorded: 05/19/2016 at 02:41:20 PM Fee Amt: $17.00 Paqe 1 of 4 Albemarle County, VA Jon R. Zuq Circuit Clerk File# 2016-00004950 BK4758PG733-736 Number of Pages [ 31 ------------------------------------------------------------ city L] County x❑ [Albemarle County ] (Box for Deed Stamp Only) _ First and Second Grantors Last Name First Name Widdle Name or Initial Suffix [W IAL, LLC ] [ ] [ ] [ ] First and Second Grantees Last Name First Name I Middle Name or Initial Suffix [Board of Supervisors of 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 J Assumption Balance [0.00 Prior Instr. Recorded at: City � I County® [Albemarle County ] Percent. in this Juris Book [3541 J Page Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, State, Zip) Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [067 ] Instr. No [ [061 ZO-03-00-005A0 [Branchlands Memory Care & Assisted Living [W PO-2015-00055 [ [Albemarle County CDD [Milestone Partners, LLC [Ana D. Kilmer [Albemarle County Community Development Department [401 McIntire Road -North Wing [Charlottesville ] [VA ] [22902 [ ] [ ][ --------------------------- .....------------------------ THIS AGREEMENT, made and entered into this CrIPA day of ---° ZO 1 by and between WIAL LLC hereinafter called the (Insert Full Name of Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County" WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 061ZO-03-00-005AO as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 3541/067 _,hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property pursuant to a Site Plan/Subdivision Plan known as Branchlands Memory Care & Assisted Living , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Branchlands Memory Care & Assisted Livina — VSMP WPO-201.5-00055 (Name of Plan/Development-WPO Application Number) hereinafter called the "Plan" which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the Property; and WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on -site stormwater managementBMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on -site stormwater mana.gement/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on -site stormwater managementBMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater managementBMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. -1- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater managementBMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 6. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Albemarle County, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. -2* Prepared by County of Albemarle Department Community Development Revised September 18, 2012 WITNESS the following signatures and seals: WIAL LLC Co pany/Co tion/Partnership Name (Seal) By. Graham L. Adelman (Type Name) Ma_n Qer - (Type Title) STATE OF,._...,..._.________..___ SAY/COUNTY OF The foregoing Agreement was acknowledged before me this `� day of 20_\(.O_, by Graham L. Adelman Manager - •,� �.•;5 �, LOpF1'•o,. • p.P• 6 , NOT Y P LIC \;z MY My Commission Expires: 3� I Z02-0 i COMMIS810N : 4 ? n • NUMBER ; Z •�0,,••,•• 7220040lb COUNTY OF ALBEMARLE, VIRGINIA '•.� ALTNO��•'•• By _ ---TT (Type Name). (Type Title) STATE OF r 01 rl I CITY/C•AUNT-Y OF Ch a-r t6 e 6 uj (A The foregoing Agreement was acknowledged before me this Kby) day of 201-�P, by /a am ,a s, C, 6 1u NOTARY PUB C , 0 .. My Commission Expi .�� a ° ( % N1+y : tif,-� �0 OF � RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON MAY 19, 2016 at 2:41:20 PM AS REQUIRED BY VA CODE §58.1-802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE OUNTY, VA JON R. ZUG CI CU CLERK Approvo as to Form: un ttorney Date Prepared by County of Albemarle Department Community Development Revised September 18, 201