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Home My WebLink AboutWPO201700038 Agreement - SWM Maintenance 2017-10-02201700011454.001 T C A O X R P E X E M P T ■ Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [10/2/2017 ] Instrument Type: [DOD-PL ] RECORDED IN ALBEMARLE COUNTY, VA JON R. ZUG CLERK OF CIRCUIT COURT FILED Oct 02, 2017 AT 11 A 1 am BOOK 04966 START PAGE 0653 END PAGE 0671 INST # 201700011454 TOTAL NUM PAGES 0019 EMJ Number of Parcels [ 2] Number of Pages [ 17] City ❑ County❑x [Alexandria County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [University of Virginia Fo ] [ ] [ ] [ ] [University of Virginia Hos] [ ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [Albemarle County ] [ ] [ ] [ ] Grantee Address (Name) [Albemarle County, Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ j (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ❑x [Albemarle County ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [059D2-01-00-01500 ] Tax Map Num. (if differentthan PIN) [059D2-01-00-01500 ] Short Property Description [Albemarle County ] [ ] Current Property Address (Address 1) [Boars Head Sports Club ] (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 2 [Scott Kroner PLC [Scott Kroner PLC [Scott Kroner PLC [418 East Water Street [Charlottesville I ] [VA ] [22902 201700011454.002 Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [10/2/2017 ] A R R O Instrument Type: [DOD-PL ] X A A R N N P Number of Parcels [ 2] E T T X 0 E Number of Pages [ 17] ------------------------------------------------------------------------------------------- E R E City ❑ x❑ County [Alexandria County ] (Box for Deed Stamp Only) M P Grantors/Grantees/Parcel Continuation Form C T I Last Name First Name I Middle Name or Initial Suffix Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100] Book [ ] Page [ ) Instr. No [ ] Parcel Identification No (PIN) [07500-00-00-06300 ] Tax Map Num. (if different than PIN) (07500-00-00-06300 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [Birdwood Golf Course ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ ] Book [ ] Page [ ) Instr. No [ ] Parcel Identification No (PIN) [ ] Tax Map Num. (if different than PIN) [ ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] ------------------------------------ Cover Sheet Page # 2 of 2 Cover Sheet Page # 2 of 2 201700011454.003 This document was prepared by: Connor J. Childress Scott Kroner, PLC 418 E Water Street Charlottesville, Virginia 22902 Tax Map Parcels: 059D2-01-00-01500; 07500-00-00-06300 This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) DEED OF DEDICATION, EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT THIS DEED OF DEDICATION, EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT is made this ;�5 day of September, 2017 by and among UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. a Virginia corporation, referred to herein as "Host Properties," UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia corporation, referred to herein as "Foundation," and, collectively with Host Properties, referred to as "Grantors," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, referred to herein as "Grantee." WITNESS: WHEREAS, Host Properties is the owner of certain real property bearing tax map parcel number 059D2-01-00-01500 (hereinafter the "Host Property") located in Albemarle County, Virginia, a portion of which is more particularly described as follows: That certain real property shown and designated as "Stormwater Management Easement 1" and "Stormwater Management Easement 2," shown on the plat of Kirk Hughes & Associates, dated July 28, 2017, entitled "Plat Showing Stormwater Management Easements 1 & 2 Across the Land of University of Virginia Host Properties, Inc. and Stormwater Management Easement 3 Across the Land of University of Virginia Foundation Samuel Miller Magisterial District Albemarle County, VA," a copy of which is attached hereto as Exhibit A and is to be recorded with this deed (hereinafter, the "Plat"). Reference is made to the Plat for a more particular description of the easements conveyed herein. WHEREAS, Foundation is the owner of certain real property bearing tax map parcel number 07500-00-00-06300 (hereinafter the "Foundation Property") located in Albemarle County, Virginia, a portion of which is described on the Plat as ''Stormwater Management Easement 3" and "Temporary Construction Easement." WHEREAS, the Grantors and the Board of Supervisors of Albemarle County, Virginia have entered into an agreement entitled "'Agreement to Maintain Stormwater Management Facilities and Other Techniques" (hereinafter, the ''Maintenance Agreement"), a fully executed copy of which is attached to this deed as Exhibit B, in which Host Properties has agreed to 201700011454.004 construct and maintain stormwater management/BMP facilities as more particularly described herein and in the Maintenance Agreement; and WHEREAS, the Maintenance Agreement provides in part that the Grantors give permission to the County, including its authorized agents and employees, to enter upon the Host Property and the Foundation Property (collectively, the "Property') and to inspect the stormwater management/BMP facilities whenever the County deems necessary; and the Maintenance Agreement also provides in part that, in the event Host Properties, its successors and assigns, fails to maintain the stormwater management/BMP facilities, in good condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies. WHEREAS, it is the desire and intent of the Grantors to dedicate, grant, and convey a Stormwater Easement for public use in accordance with this Deed of Dedication, Easement, and Temporary Construction Easement. NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Host Properties and Foundation (as to the easements located on their respective property) do hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, perpetual non-exclusive easements as shown on the Plat as Stormwater Management Easement 1, Stormwater Management Easement 2, and Stormwater Management Easement 3, which are collectively referred to herein as the "County Stormwater Easements." FURTHER, in in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, Foundation does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, subject to the grant of the County Stormwater Easements, unto Host Properties, its successors and assigns, a perpetual non-exclusive easement shown on the Plat and labeled as Stormwater Management Easement 3, which easement is referred to herein as the Host Properties Stormwater Easement; TOGETHER WITH a temporary construction easement (the "Temporary Construction Easement") in the area labeled Temporary Construction Easement on the Plat, in order to allow Host Properties to construct the stormwater management/BMP facilities on the Foundation Property that are subject to the Maintenance Agreement. The County Stormwater Easements shall be subject to the following: 1. Right of ingress and egress. The Grantee and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts to which the parties have agreed it may perform under the Maintenance Agreement. 2. Ownership of the facilities. The stormwater management/BMP facilities required to be constructed and maintained by Host Properties under the Maintenance Agreement shall be and remain the property of Host Properties. This Deed of Dedication, Easement, and Temporary 201700011454.005 Construction Easement shall not be construed to be an assumption of ownership or control by the Grantee over the stormwater management/BMP facilities subject to the Maintenance Agreement. INo obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain the stormwater management/BMP facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee shall have the right to assign the County Stormwater Easements as its interests may require. The Host Properties Stormwater Easement and Temporary Construction Easement shall be subject to the following: 5. Ownership and Maintenance of Facilities. The stormwater management/BMP facilities to be constructed and maintained by Host Properties on the Foundation Property under the Maintenance Agreement shall be and remain the property of Host Properties. Host Properties shall, at its sole cost and expense, perform all necessary construction, maintenance, repair, and replacement of the stormwater management/BMP facilities, including, without limitation, all requirements imposed under the Maintenance Agreement. In the event that Foundation requires the right to tie into the stormwater management/BMP facilities in the future, Host Properties will cooperate with Foundation in procuring any approvals that Foundation needs from the County. 6. Temporary Construction Easement. The Temporary Construction Easement shall expire upon the earlier of (i) the date that construction of the stormwater management/BMP facilities has been completed, or (ii) one (1) year after the date of this Deed of Dedication, Easement, and Temporary Construction Easement. Miscellaneous: 7. Binding effect. The County Stormwater Easements, Host Properties Stormwater Easement, Temporary Construction Easement, and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantors, the Grantee, and their successors and assigns. All references herein to the "Grantors" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURE PAGES FOLLOW] 201700011454.006 WITNESS the following signatures. HOST PROPERTIES: FOUNDATION: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF A lbfn') Y 16 UNIVERSITY OF VIRGINA HOST PROPERTIES, INC. < < ✓ VT . Tim R. Rose, President UNIVERSITY OF VIRGINIA FOUNDATION Tim R. Rose, Chief Executive Officer The foregoing instrument was acknowledged before me this 7% day of I- 2017, by Tim R. Rose, as President of University of Virginia Host Properties, Inc, a irginia corporation, on behalf of the corporation. Notary Publ My Commission Expires: /� ' CINDY K. KIDD Registration number: poi �� k 'I Notary Public Commonwealth of Virginia 7013584 COMMONWEALTH QF VIRGINIA My Commission Expires Jan 31, 2018 CITY/COUNTY OF ��I Gl✓Y[ft f�� The foregoing instrument was acknowledged before me this day of .ie 2017, by Tim R. Rose, as Chief Executive Officer of University of Virginia Foundation, a Virginia corporation, on behalf of the corporation. / Notary Public My Commission Expires' -/a/ lCt/LG �r/ p7�` �� CINDY K. KIDD O! �� i r1 Notary Public Registration number: � / Notary of Virginia 7013584 My Commission Expires Jan 31, 2018 [SIGNATURES CONTINUE ON THE FOLLOG P WINAGE] 201700011454.007 [CONTINUATION OF SIGNATURE PAGE] GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA Dougla . Wal er Interim County Executive 5-r The foregoing instrument was acknowledged before me this AL day of ,,j 4 &?-42,y'- 2017, by Douglas C. Walker, Interim County Executive, on behalf of the County of Albemarle, Virginia, Grantee. hait, Notary Public t My Commission Expir 30 / 0�.�`�'" Registration number: C�� % �% pVBUG 'k= p' z" Approved as to form: � I unty Attorney 201700011454.008 Exhibit A [Plat Attached Hereto] OWNER'S CONSENT THE DEDICATION OF THE STORMWATER MANAGEMENT EASEMENT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. is TIM R. ROSE, PRESDENT CERTIFICATE OF ACKNOWLEDGMENT OF SIGNATURE SATE of WA+n�� COUNTY/cnY OF A t ht m Vl el THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS OF S=-Im,h�.r , 20 t-+- r NOTARY PUBLIC MY COMMISSION EXPIRES: a0�g3 t '�Ol It SUB 201700123 ALBEMARLE COUNTY BOARD OF SUPERVISORS DESIGNATED AGENT TITLE SOURCE TMP 75-63 UNIVERSITY OF VIRGINIA FOUNDATION D.B. 4662, PG. 574, 577 (PLAT) D.B. 2933, PG. 80, 85 (PLAT) D.B. 2712, PG. 325 D.B. 1055, PG. 271 D.B. 750, PG. 372 D.B. 453, PG. 85 (PLAT) °BIRDWOOD GOLF COURSE" OWNER'S CONSENT THE DEDICATION OF THE STORMWATER MANAGEMENT EASEMENT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. UNIVERSITY OF VIRGINIA FOUNDATION BY; t IV ��-- T'C-�xZ6� TIM R. ROSE, CEO & SECRETARY LEGEND ACSA=ALBEMARLE COUNTY SERVICE AUTHORITY D.B.=DEED BOOK ESM'T.=EASEMENT IRF=IRON ROD FOUND RWSA=RIVANNA WATER & SEWER AUTHORITY S.F.=SQUARE FEET TMP=TAX MAP PARCEL CERTIFICATE OF ACKNOWLEDGMENT OF SIGNATURE STATE OF II''6011 COUNTY/CITY OF A( b t M(A ei � THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS Llh DAY OF 20_1.±-. V �r UG. V. " AUGHES 9 MC. NO.1458 - SURV NOTARY PUBLIC CINDY K. KIDD Notary Public Commonwealth of Virginia MY COMMISSION EXPIRES:'-/ �� % �C�! 70t 3584 'T—'� My Commission Expires Jan 31, 2018 NOTES 1.) THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. 2.) THE PROPERTY LIES WITHIN FLOOD ZONE "X', NOT A 100 YEAR FLOOD PLAIN. 3.) PROPERTY IS NOT WITHIN AN ALBEMARLE COUNTY AND/OR CITY OF CHARLOTTESVILLE WATER SUPPLY WATERSHED OR AN AGRICULTURAL -FORESTAL DISTRICT. TITLE SOURCE 4.) EASEMENTS OTHER THAN THOSE SHOWN HEREON MAY EXIST. TMP 59D2-1-15 5.) STORMWATER MANAGEMENT EASEMENTS 1, 2, & 3 TO BE DEDICATED TO THE UNIVERSITY OF VIRGINIA HOST COUNTY OF ALBEMARLE, VIRGINIA FOR PUBLIC USE. PROPERTIES, INC. D.B. 2056, PG. 87 6.) THE TEMPORARY CONSTRUCTION EASEMENT ACROSS THE LAND OF UNIVERSITY D.B. 1122, PG. 487 OF VIRGINIA FOUNDATION, SHOWN ON' SHEET 2 OF 2, IS TO BENEFIT THE D.B. 2933, PG. 80, 85 (PLAT) UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC., AND SHALL BECOME NULL AND VOID UPON COMPLETION OF THE STORMWATER MANAGEMENT FACILITY. 0 Z� �o o� S' 0 SITE C1, N BIRDWOOD GOLF COURSE � J N NORTH VICINITY MAP 1 "=2000' PLAT SHOWING STORMWATER MANAGEMENT EASEMENTS 1 & ACROSS THE LAND OF UNIVERSITY OF VIRGINIA HOST PROPERTIES, AND STORMWATER MANAGEMENT EASEMENT 3 ACROSS THE LAND OF UNIVERSITY OF VIRGINIA FOUNDATION SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY, VA JULY 28, 2017 REV. 9-18-17 (CO. COMMENT) 2 4zl" PREPARED FOR: UNIVERSITY OF VIRGINIA FOUNDATION KIRK HUGHES & ASSOCIATES LAND SURVEYORS & PLANNERS 220 EAST HIGH STREET CHARLOTTESVILLE, VA 22902 (434) 296-6942 C:\SURVEYS\2017\2017-142 UVAF SQUASH FACILITY\2017-142.DWG SHEET 1 OF 2 TMP 75-63 P, II // SPS� QG• // 10' rn �i .. STORMWATER i...` MANAGEMENT I. II EASEMENT 3 I...i 9,039 S.F. (SEE NOTE #5) TEMPORARY—` CONSTRUCTION EASEMENT STORMWATER MANAGEMENT EASEMENT NO. DIRECTION DISTANCE L1 N 4T19'14" W 38.50' 12 N 42'40'46" E 15.50' L3 S 47' 19' 14" E 34.00' L4 S 42'40'46" W 20.00' Q BOAR'S HEAD SPORTS CLUB c,`P�' _a NO. ANGLE RADIUS ARC I CHORD BEARING I LENGTH C1 90'00'00" 14.50 7.07 1 N 8740'46" E 16.36 OPERTY LINE / ' j 0 / /r �STORMWATER s -� MANAGEMENT N EASEMENT 2 ,- L11 3,244 S.F. I (SEE NOTE #5) L lap, L2 C1 STORMWATER I-� MANAGEMENT EASEMENT 1 =' I 766 S.F. A ( (SEE NOTE #5) 40 0 40 pm IN m I Scale: 1" = 40' PLOTTED ON 09/18/17 AT 16:54:46. FACE BLDG. gTGRMWATFR MANAGEMENT FASFMFNT 2 NO. DIRECTION DISTANCE L5 N 62'56'53" W 25.23' L6 N 64'36'48" E 25.01' L7 N 00'34'52" W 73.65' L8 I N 50'27'42" W 8.85' L9 N 43'31'13" E 20.88' L10 S 48'18'11" E 67.75' L11 S 40'00'55" W 18.28' L12 N 50'27'42" W 34.00' L13 IS 00'34'52" E 69.59' L14 IS 64'36'48" W 22.42' TMP 59D2-1-15 UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. ZONE: HIGHWAY COMMERICAL McARTHUR SQUASH CENTER I FACE BLDG. 1�1�, �__ E 20' A.C.S.A. ESM'T. — — — — — DB 4290_243 B STnRMWATFR MANAGFMENT FASFMFNT 3 NO. DIRECTION DISTANCE L15 S 4T 19' 14" E 37.89' L16 S 50'05' 18" W 104.36' L17 N 43'5331" W 41.07' L18 S 62'03'12" W 40.83' L19 N 2T56'48" W 46.26' L20 N 52'10'43" W 36.29' L21 N 82' 18'39" W 24.27' L22 N 20'54'50" W 2.21' DC EDGE PAVEMENT S 42'40'46" W 599.80 L23 N OT31'06" E 18.55' L24 N 86'50'34" E 25.36' L25 N 5T15'05" E 13.60' L26 N 64'36'48" E 39.97' L27 IS 64'36'48" W 27.56' L28 S 43'53'31" E 100.91' L29 N 50*05' 18" E 62.93' L30 N 47* 19' 14" W 15.12' 119 . , ■ TMP 75-63 UNIVERSITY OF VIRGINIA FOUNDATION "BIRDWOOD GOLF COURSE" ZONE: R1 T INDICATES TEMPORARY CONSTRUCTION EASEMENT . DB P v SHEET 2 OF 2 201700011454.011 /--N C - a4 Exhibit B [Management Agreement Attached Hereto] 201700011454.0.12 This document was prepared by: Connor J. Childress Scott Kroner, PLC 418 E Water Street Charlottesville, Virginia 22902 Tax Map Parcels: 059132-01-00-01500; 07500-00-00-06300 AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AGREEMENT is entered into by and among UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC., a Virginia corporation ("Owner"), UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia corporation ("Foundation"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County." . RECITALS R-1. Owner is the fee simple owner of certain real property described as Albemarle County Tax Map Parcel 059132-01-00-01500, hereinafter called the "Host Property"; and R-2. Foundation is the fee simple owner of certain real property described as AIbemarle County Tax Map Parcel 07500-00-00-06300, hereinafter called the "Foundation Property" and, collectively with the Host Property, the "Property"; and R-3. Pursuant to a Deed of Dedication, Easement, and Temporary Construction Easement, Owner and Foundation have granted a stormwater management easement to County across a portion of the Foundation Property and a portion of the Host Property in the area in which Owner intends to construct stormwater management facilities; R-4. The Owner is proceeding to build on and develop the Property; and R-5. The Property is not within the County's Municipal Separate Storm Sewer System (hereinafter, `'MS4") jurisdictional area; and R-6. The Site Plan/Subdivision Plat identified as University of Virginia Squash Facility at Boar's Head Addition, was approved and, in conjunction therewith, a Stormwater Management Plan, identified as UVA Foundation Squash Facility WPO-2017-00038 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-7. 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 seq. ), as implemented in part by Chapter 17, Water Protection, of the Albemarle County Code; and 201700011454.013 R-8. 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 R-9. 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-10. 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 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. 201700011454.014 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). 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 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. 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. 201700011454.015 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 and Foundation hereby grant 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 or Foundation not required. The County shall not be required to provide prior notice to the Owner or Foundation to enter the Property to conduct the inspection. C. Inspection findings and demand for maintenance. The County shall provide the Owner and Foundation 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 County'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 completed as follows: (i) if an inspection identifies a Facility that is not operating effectively, the Owner shall complete corrective action as soon as practicable, but no later than seven (7) days after discovery or a longer period allowed in writing by the County Engineer; (ii) 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 seven (7) 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. 201700011454.016 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 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 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 a lien against the Property in the amount of the non -reimbursed costs, plus interest at the rate authorized by law. 201700011454.017 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. Oblization 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; 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 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. [Signature Page Follows] 201700011454.018 WITNESS the following signatures: OWNER: FOUNDATION: COMMONWEALTH OF VIRGINI CITY/COUNTY OF A1h-6mar1 � UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC. B Y Name: Tim R. Rose Title: President UNIVERSITY OF VIRGINIA FOUNDATION By: Name: Tim R. Rose Title: CEO The foregoing instrument was acknowledged before me thiso;�kday of &QkP 2017, by Tim R. Rose, as President of University of Virginia Host Properties, Inc, a Virginia corporation, on behalf of the corporation. y! , Notary Publ c My Commission Expires 3`r p2r� Registration number: 7006 9 COMMONWEALTH VIRGINIA CITY/COUNTY OF iCu/Ll� CINDY K. KIDD Notary Public Commonwealth of Virginia 7013584 My Commission Expires Jan 31. 2018 r The foregoing instrument was acknowledged before me this ;2%day of blither 2017, by Tim R. Rose, as Chief Executive Officer of University of Virginia Foundation, a Virginia corporation, on behalf of the corporation. `/ Notary Publi My Commission Expires: a ��7 O/ t5 Registration number: —761' ,r2 S� IINta yDY .KIDD Pblic Commonwealth of Virginia 7013584 My Commission Expires Jan 31. 2018 201700011454.019 My Commission Expires: lag ':�o / Registration Number: 65-17 A p ved as to Form: 1 I 9-2)-I? IvI'0unty Attorney Date COUNTY OF ALB ARLE, VIRGINIA By: g as .- Wa er Interim County Executive COMMONWEALTH OF VIRGINIA CITY/CQUN-TY OF The foregoing instrument was acknowledged before me thisAl day of.7e.,A M �Z a / by Douglas C..Walker, Interim County Executive, on behalf of the Board o Supervisors of Albemarle County, Virginia. �1 Notary Public w (P INSTRUMENT #201700011454 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE Oct 02, 2017 AT 11:41 am JON R. ZUG, CLERK by EMJ BOOK 04966 PAGE 0653 - 00671