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Home My WebLink AboutWPO201800093 Agreement - SWM Maintenance 2019-07-24201900007810.001 Instrument Control Number T C A 0 X R P E X E M P T SIX Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [7/23/2019 ] Instrument Type: [AG ] RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COUR' FILED Jul 24, 2019 AT 01:05 pm BOOK 05197 START PAGE 0668 END PAGE 0676 INST # 201900007810 TOTAL NUM PAGES 0009 Number of Parcels [ 11 MEB Number of Pages [ 8] --------------------------------------------------- ------------------------------------- City ❑ Countyx❑ [Albemarle County J (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [University Of Virginia F J [ ] [ J [ ] First and Second Grantees Last Name First Name 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) [ J (City, State, Zip) [Charlottesville J [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] x❑ [Albemarle County j Percent. in this Juris. [ 100] Prior Instr. Recorded at: City El County Book [2712 ] Page (325 ] Instr. No [ ] Parcel Identification No (PIN) [ ] Tax Map Num. (if different than PIN) [06000-00-00-024E0 ] Short Property Description [Sunrise Senior Livining Colonnades Expanision Project ] [WPO-2018-00093 ] 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 [Albemarle County CDD [N/A [Carla Harris [Albemarle County Community Development Department [401 McIntire Road - North Wing (Charlottesville ] [VA J [22902 ( ] [ ][ - - --------- ----------- .---...-----. -- 201900007810.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map Parcel 06000-00-00-024EO This agreement is exempt from Clerk's fees under N%jpu,m Cade § 17.1-266 AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AGREEMENT is entered into by and between UNIVERSITY OF VIRGINIA FOUNDATION, 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 06000-00-00-024E0, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2712, page 325, hereinafter called the "Property"; and R-2. The Owner is proceeding to build on and develop the Property; and R-3. The Property is within the County's Municipal Separate Storm Sewer System (hereinafter, "MS4") jurisdictional area, and R-4. The Site Plan/Subdivision Plat identified as Sunrise Senior Living Colonnades Expansion Project, was approved and, in conjunction therewith, a Stormwater Management Plan, identified as Sunrise Senior Living Colonnades Expansion Project VSMP — WPO-2018-00093, 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 Management Act (Virginia Code � 62.1-44.15:24 et seg.), 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 Version: 11/3/17 201900007810.003 requirements, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through Albemarle County Code § 17-415 and this Agreement; and 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 improyement 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 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. 2 Version: 11/3/17 201900007810.004 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 5 17- 403(A) (5). 1 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 5 54.1-400 etseg.; (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 stormwater 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. 3 Version: 11/3/17 201900007810.005 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 McIntire 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. F. Section 3 satisfied if County conducts inspection in any year. 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 County 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. 5. The Owner's response to the Inspection, the Inspection Report or the Counter's 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 Version: 11/3/17 201900007810.006 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 discovery; (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 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 County 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 Version: 11/3/17 201900007810.007 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 County. 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 of all of its costs. The demand may be sent by first class mail to the address to which County real property tax bills are mailed or to another address provided by the Owner to the County. B. Timely paw. 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 apply 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 any 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 Version: 11/3/17 201900007810.008 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 parties and shall be effective on and after the date it is signed by the Albemarle County Executive. WITNESS the following signatures: OWNER: UNIVERSITY OF VIRGINIA FOUNDATION Tim R. Rose Chief Executive Officer and Secretary COMMONWEALTH OF VIRGINIA C—I-TI'/COUNTY OF 41I6C rnCw If, The foregoing instrument was acknowledged before me this day of ( , 2-akq by Tim R. Rose, Chief Executive Officer and Secretary, on behalf of University of —Virginia Foundation. My Commission Expires: 12. — 31 — 2— 0-2- o Registration Number: -1 U-1 9 o(li P Notary Pub4j U MARY, J: BREDDER NOTARY'PUBLIC . RE64679041 COMMONWEALTH OF VIRWNIA MY COMMISSION EXPIRES DEC. 31. 2020 SIGNATURES CONTINUE ON THE FOLLOWING PAGE 7 Version: 1 l/3/17 201900007810.009 COUN F ALBEMARLE, VIRGINIA By: ,F Jeffrey . Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/GG� 4 i' OF c l _��►1\r The foregoing instrument was acknowledged before me this 107ilay of aLd AV, tR214 by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supe sors of Albemarle County, Virginia. My Commission Expires:�P E • Sk I a019 Registration Number:`AUbZ>-h� Approved as to Form: (I. K...mlr-- I Tn'qatey tary Public CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION N 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31 • 2019 n */M I to, Date INSTRUMENT #201900007810 RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFFICE Jul 24, 2019 AT 01:05 pm JON R. ZUG, CLERK by MEB BOOK 0519T PAGE 0668 -006T6 Version: 11/3/17