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HomeMy WebLinkAboutWPO201400067 Agreement - SWM Maintenance 2001-02-0702 THIS AGREEMENT, made and entered into this _7 day of February_ , 2001� by and between Covenant Church of God 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 Tax Map 61 Parcels 154C, 155 & 156 as recorded by deed in the land records of Albemarle (Albemarle County Tax Map/Parcel Identification Number) County, Virginia, Parcel 154c Deed Boole 1341 Page 731, Parcel 155 Deed Book 1134 Page 635, Parcel 156 Deed Book 1804 Page 675 hereinafter called the "Property WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as Covenant Church of God , (Name of Plan/Development) 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 management/BMP facilities be constructed and maintained on the Property-, and WHEREAS, the County requires that on -site stormwater management/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 management/BMP 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 management/BMP 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 perfornung their design functions. The Annual Inspection Report form dated 6/2/92 (or latest date form available) is to be used to establish what good working condition is acceptable to the County. Prepared by County of Albemarle Ikprtment of Engineering & Public Works Interim Manual, Appendices, Page A-i Revised August 27,1999 1K 1 gg4PO0614 3. The Landowner, its successors and assigns, shall inspect the stormwater managementBMP 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/BMW 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, fas to maintain the stormwater managementBMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever stens necessar ► 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 managementBMP 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 managementBMP 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- Pmpred by County of Albemarle Ikpartment of Engineering be Public Works Interim Manual, Appendices, Page A-2 Revised August 27,1999 WITNESS the following signatures and Al 9 9 4 PG 4 6 7 4 Covenant Church Company/Corporation/Partnership Name (Seal) By:4'4� _Harold Haga (Type Name) Trustee (Type Title) STATE OF Virginia COUNTY OF Albemarle The foregoing Agreement was acknowledged before me this day of jdll� 492a by We&� NOTARY PUBLIC My Commission Expires: LIM W. Tucker., Jr. (Type Name) Coly Executive _ (Type Title) STATE OF Virginia COUNTY OF Albemarle G1 The foregoing Agreement was acknowledged before me this 12th day of February 19 200g by Robert W. Tucker, Jr. NOTARYPUBLIC My Commission Expires: tune 30,__2001 Approved as to Form: Zv Art"___ _2-1-a ty rney Date -I- Prepared by County ofAfbemarlc Department of Engineering & Public Works Interim Manual, Appendices, Page A-3 Revised August 27,1999 It 1994PGO615 VIRGINIA: IN THE CI.ERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: THIS DEED WAS PRESE\iED. AND WITH CERTIMCATE ANNEXED. IS ADMrnrED TO RECORD ON 2001 . ATI i D O'CLOCK X M. _ STATE TAX LOCAL TAX TRAINSFER FEE I.T.T.F. VSLF CLERK'S FEE PLAT S£CT.58.I-802: STATE TAX LOCAL TAX LOCAL TAX TOTAL $ f01% $ —f2I3! $ � f212! {106! 3��Q Q ^f3Di! S S f 220! s /1?. 010 TESTE: SHELBY J. MARSHHAAjL�L,CLERK BY: ,091-11� / l CLERK