HomeMy WebLinkAboutSUB201300179 Agreements 2017-04-11Covenant of Perpetual Maintenance
This COVENANT OF PERPETUAL MAINTENANCE (this "Covenant") is made this day of
February, 2017 by 51 STREET STATION VENURES, LLC, a Delaware limited liability company (the
"Owner"),
WITNESSET14
WHEREAS, the Owner is the owner of certain real property located in Albemarle County, Virginia, being
shown on the current tax maps of such County as tax map parcels 076M 1-00-00-00200, 076M1-00-00-
002AI, and 076M1-00-00-002B1, and as further shown on a plat entitled "5TH STREET STATION
PARKWAY AND PARCEL `C', HEREBY DEDICATED FOR PUBLIC USE, AND GREENWAY
PARCELS `A' AND `B', BEING A DIVISION OF THE LANDS OF 5TH STREET STATION
VENTURES, LLC, AND NEW PUBLIC ACCESS EASEMENTS AND VARIOUS UTILITY
EASEMENTS ACROSS THE LANDS OF 5TH STREET VENTURES, LLC AND AVON HOLDINGS,
LLC" dated June 30, 2016, last revised August 24, 2016, which plat is attached to a Deed of Dedication
from the Owner and Avon Holdings, LLC dated September 15, 2016, which Deed is recorded in the
Cleric's Office of Albemarle County, Virginia in Deed Book 4814, page 522 (the "Deed of Dedication");
which property is a part of a commercial development known as 51 Street Station Shopping Center (the
"Project") and
WHEREAS, the Owner has constructed the 51r' Street Station Parkway within the Project (the "Public
Road"), and has dedicated the Public Road to the public by its recordation of the Deed of Dedication; and
WHEREAS, the Owner has agreed to remain responsible for the maintenance of certain elements of the
Public Road that are located outside ofthe dedicated rights -of -way of the Public Road but that are critical
to the stability and function of the Public Road, which elements are hereby identified as the retaining
walls and the geogrid that supports the retaining walls (collectively, the "Improvements"); and
WHEREAS, the Virginia Department of Transportation ("VDOT") has required that the Owner provide
this Covenant of Perpetual Maintenance to maintain the Improvements outside the dedicated rights -of -
way to ensure the stability and function of the Public Road.
Now, therefore the Owner, for itself and its successors and/or assigns, does hereby covenant and
agree to maintain in perpetuity, at its sole cost and expense, the "Improvements" outside the dedicated
rights -of -way, and to restore if necessary the area affected by any such cause including, but not limited to,
ordinary maintenance.
The Owner covenants that all work within the Improvements shall conform to tine current version
of the Virginia Work Area Protection Manual issued by VDOT and all applicable specifications and
standards designed to protect the public safety.
The covenants and obligations of the Owner, and its successors and/or assigns, contained
herein shall run with the land,
(signature page immediately follows)
WITNESS THE FOLLOWING SIGNATURE AND SEAL:
5TH STREET STATION VENTURES, LLC,
a Delaware limited liability company
By: 5TH STREET STATION VENTURES MANAGER, LLC,
a Georgia limited liability company, its Manager
By: 1�
Name S tephk J. Collins
Title: Manager
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STATE OF
CITY/COUNTY OF Cowe4o to -wit:
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The foregoing insti ument was acknowledged before me this 1 l day of , 2017,
by Stephen J. Collins, as manager of 5th Street Station Ventures Manager, LLC, a Georgia
limited liability company, the manager of 5th Street Station Ventures, LLC, a Delaware limited
liability company, on behalf of such company.
My commission expires: -
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otary Public
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�OUNl` Notary Regi stration No.:
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31566904 4.dou