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HomeMy WebLinkAboutAP201900003 Application 2019-07-03GARRETT M. SMITH, PLLC P.O. Box 1741 , CHARLOTTESVILLE, VA 22902 (434) 220-7735-DIRECT (434) 960-7775-MOBILE GSM ITH@GAR RETTSM ITH LAW. COM July 3, 2019 Bart Svoboda, Zoning Administrator Board of Zoning Appeals County of Albemarle 401 McIntire Road Charlottesville, VA 22902 Re: VIO-2019-084 Appeal of Zoning Administrator's Determination 3756 Richmond Road Dear Mr. Svoboda: Please find enclosed an Appeal of Zoning Administrator's Determination filed on behalf of my client, Southern Property Management and Maintenance, LLC, together with a check for the appeal fee to payable the County of Albemarle in the amount of $258.00. Also enclosed are the following materials: 1) Copy of Notice of Official Determination of Violation, No. VIO-2019-084; 2) Deed for 3756 Richmond Road to Southern Property Management and Maintenance, LLC; 3) Month -to month Lease Agreement effective March 11, 2019 between Southern Property Management and Maintenance, LLC and Richardson -Wayland Electrical Company, LLC; 4) Notice of termination of lease dated July 3, 2019; and 5) Albemarle County Code, Chapter 18, Section 10.2.1 (By Right) Please let me know if the BZA requires anything further, and I will be happy to provide it. Once we received the Notice of Official Determination of Violation, we notified the tenant staging construction work on the site of the alleged violation and were quickly advised that their subcontract with CVEC's contractor relating to bringing high speed fiber internet service to Zion's Crossroads and beyond was nearly complete. We just received the attached notice of termination of our lease to them. Since the lease and temporary construction use is ending this month and the property will be restored by the end of August, I hope that this matter will be resolved by the owner's volountary compliance and we will not need to prosecute this appeal. Respectfully s tted, ti �i eett"GM. Smith 610 W. Rio RD., CHARLOTTESVILLE, VA 22901 FOR OFFICE USE ONLY AP # CCCO SIGN # ZONING ORDINANCE SECTIO�yN: 1_ �; t� I Fee Amount $ �JU Date Paid 1H156By who?W�?� 1)" k ^' T2eceipt # l x Ck#1115�_ By: lif Application for�`'' pp 1- Appeal of Zoning Administrators Determination >� 0 Appeal of Zoning Administrator's Determination = $258 FEES to be paid after staff review for public notice: Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects the average cost of public notice fees, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public Actual cost hearing) (averages between $150 and $250) Contact Person (Who should we call/write concerning this project?): Garrett M. Smith, Esq. Address P.O. BOX 7505 City CHARLOTTESVILLE State VA Zip 22901 Daytime Phone (434 ) 220-7735 Fax # ( ) E-mail GSMITH@RESORTSCOMPANIES.CO� Owner of Record SOUTHERN PROPERTY MANAGMENT AND MAINTENANCE, LLC Address P.O. BOX 7505 Daytime Phone 4( 34 ) 220-7727 Fax # () City CHARLOTTESVILLE State VA Zip 22901 E-mail TBBUONO@EMBARQMAIL.COM Applicant (Who is the Contact person representing?): SOUTHERN PROPERTYMANAGMENT AND MAINTENANCE, LLC Address Daytime Phone O Fax # () City E-mail State Zip County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/1/2015 Page 1 of 2 Project Name: FORMER MOOSE LODGE #1028 Tax map and parcel: 079A1-00-OB-02700 Physical Street Address (if assigned): 3756 RICHMOND ROAD, KESWICK. VA Location of property (landmarks, intersections, or other): CORNER OF 250W AND MOOSE LANE. Zoning: RA The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: THE USE IS TEMPORARY FOR CONSTRUCTION, WHICH IS PERMITTED IN RA ZONED DISTRICTS AS A BY RIGHT USE PER SECTION 10.2. ALL CONSTRUCTION WORK AND CONTRACTOR'S STAGING USE WILL DISCONTINUE AS INDICATED IN ATTACHED LETTER ON OR ABOUT MID-JULY. SEE ATTACHED LEASE AND TERMINATION NOTICE. Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. 2 Date: JULY 2019 IGARETT of O r Contract urchaser, Agent M. SMITH (434) 220-7735 Print Name Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Revised 11/1/2015 Page 2 of 2 COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road Charlottesville, Virginia 229024596 FAX (434) 972-4126 TELEPHONE (434) 296-5832 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is June 5, 2019. REGISTERED MAIL #RF 213 415 894 US Southern Property Management and Maintenance LLC PO Box 7505 Charlottesville, VA 22906 Property: Parcel ID 079A1-00-OB-02700 Zoning: Rural Area [RA] District Dear Southern Property Management and Maintenance LLC: TTD (434) 972-4012 No: VIO-2019-084 Same as Above Owner of Record This notice is to inform you that the above -described Property is in violation of the Albemarle County Zoning Ordinance. This conclusion is based on the following observations of the above -described Property by a Code Compliance Officer on June 3, 2019: The vehicles stored and/or parked on this parcel constitutes a contractor's storage yard and is not a permitted use. Because this use of the Property or structure did not pre-exist the applicable Zoning Ordinance, it cannot be considered legal but non -conforming use or structure. Accordingly, the following section of the Zoning Ordinance has been violated: Albemarle County Code § 18-10.2 Permitted Uses This violation of the Zoning Ordinance is unlawful, and may be subject to civil penalties, criminal penalties, injunctive relief and/or other remedies, pursuant to Albemarle County Code ¢ 18-36. This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to comply with this notice may result in legal action being taken against you and any other owner, tenant or other responsible party. In addition, you must bring the property into compliance by July 5, 2019 to avoid court VIO-2019-084 Page 2 June 5, 2019 action. Future compliance past this date does not preclude the County from pursuing legal action for existing or past violation(s). If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. , Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to appeals of decisions of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in Albemarle County Code § 18-34.3, which may be reviewed online at www.albemarle.org/countycodebza. If you have any questions, please contact Ashlee Henshaw, Code Compliance Officer, at 434-296-5832 ext. 3085. Tn i a Gre ZA ior Code Compliance Officer County of Albemarle T C O X R P E X E M P T ■ ■ ME sun Instrument Control Number L I Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [6/6/2016 Instrument Type: [DBS Number of Parcels [ 1 ] Number of Pages [ 51 20 p6 7V p e : D E15:34 PM Doc ID: 07/01/2016 at 12' Recorded: 83 Page 1 of 6 Amt: $3,866- Fee Albemarle County, Clerk Jon R- Zuc 0ircult Fileq 2016-OOP�?a4; BK4782 4-2.J City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name Middle Name or Initial Suffix [Carter, Trustee ] [Richard ] [E ] [ ] [Zunka, Trustee ] [John ] [W ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [Southern Property Man ] [ ] [ ] [ ] [ l[ l[ l[ l Grantee Address (Name) [Southern Property Management and Maintenance, LLC ] (Address 1) [P.O. Box 7505 ] (Address 2) [ ] (City, state, Zip) [Charlottesville ] [VA ] [22906 ] Consideration (350,000.00 ] Existing Debt[0.00 ] Assumption Balance [882,400.00 l Prior Instr. Recorded at: City El County ® [Albemarle County ] Percent. in this Juris. Book [ ] 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 #E 1 of 1 [ ] Instr, No [' [079A1000B02500;079A1000B025A0; [079A1000B02700 [Lots 25, 26, 27, Block B of Royal Acres Subdivision [3756 Richmond Road [ [Keswick ] [VA ] [22947 [Richard E. Carter [E. Randall Ralston, Esq. [E. Randall Ralston, Esq. [943 Glenwood Station Lane Suite 101 [Charlottesville [ I •------------------------------------------------------- ] [VA ] [22901 l[ -:).07043 PREPARED BY: Zunka, Milnor & Carter, Ltd. Richard E. Carter, VSB #12325 Tax Map Nos. 079A1-00-OB-02500; 079A1-00-OB-025AO; 079A1-00-OB-02700 Insurer: Chicago Title Insurance Company Consideration: $350,000.00 / Assessed Value: $882,400.00 THIS DEED, made this 6th day of June, 2016 by and between RICHARD E. CARTER and JOHN W. ZUNKA, Trustees, Grantors, and SOUTHERN PROPERTY MANAGEMENT AND MAINTENANCE LLC, hereinafter referred to as Grantee, whose address is: P.O. Box 7505, Charlottesville VA 22906. WITNESSETH: WHEREAS, by deed of trust dated January 9, 2006 and recorded in the Office of the Clerk of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 3141, Pages 681-686, Charlottesville Lodge # 1028, Loyal Order of Moose, Inc., a corporation, conveyed the hereinafter described property to Richard E. Carter and John W. Zunka, Trustees, to secure the payment of a Promissory Note dated January 9, 2006, in the principal amount of One Hundred and Fifty Thousand and 00/100 Dollars ($150,000.00) payable as more fully described therein; and, WHEREAS, the said Charlottesville Lodge # 1028, Loyal Order of Moose, Inc. failed to pay said promissory note in accordance with its terms upon demand to do so; and, 1 WHEREAS, the said Trustees upon request of the holder of said promissory note advertised the property for sale by publishing notice of the time, place, and terms of sale once a week for four consecutive weeks in The Daily Progress, a newspaper of general circulation in the County of Albemarle, Virginia, and, WHEREAS, the said Trustees gave notice of the time, place and terms of sale to Charlottesville Lodge # 1028, Loyal Order of Moose, Inc. in compliance with the provisions of VA Code Ann. Section 55-59.1; and WHEREAS, Charlottesville Lodge # 1028, Loyal Order of Moose, Inc. at the time of the sale was not in the military service of the United States; and WHEREAS, the Internal Revenue Service, which had inferior . liens, was provided notice in accordance with the requirements of I.R.C. § 7425; and WHEREAS, the Virginia Department of Tax, which had inferior liens, was provided notice; and WHEREAS, the Trustees proceeded to offer the property for sale at public auction on the court house steps of the Circuit Court of Albemarle County, Virginia, as advertised, on Wednesday, June 1, 2016 at Noon, at which sale Victorian Properties, LLC bid the sum of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), that being the highest and last bid therefor; and, WHEREAS, the Trustees sold the property to Victorian Properties, LLC for 2 the sum of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00) and has received the purchase price; and, WHEREAS, Victorian Properties LLC has assigned its interest to Southern Property Management and Maintenance LLC and directed Grantors to convey the property to Southern Property Management and Maintenance LLC; NOW, THEREFORE, in consideration of the premises and the sum of Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), cash in hand paid, the receipt of which is hereby acknowledged by Grantors, Grantors hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE unto the Grantee the following property: SEE SCHEDULE "A" ATTACHED This conveyance is made expressly subject to the matters shown on said plat and to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by a limitation of time contained therein or have not otherwise become ineffective. WITNESS the following signatures and seals. 3 `rl�r (SEAL) Richard E. Carter �'""""� (SEAL) W. COMMONWEALTH OF VIRGINIA, CITY OF CHARLOTTESVILLE, To -Wit: The foregoing instrument was acknowledged before me this day of June, 2016 by Richard E. Carter and John W. Zunka, Trustees. Notary Registration Number:75237 140 My commission expires: ©8-13�}11l 6 ,�`.�`Z`.R LY � Y P& �9 Z�v-*0 MY cP o COMMISSION n NUMBER Q = 7523740 �v WEALTH ''°rrrrrror�°0°� SCHEDULE "A" Tax Map Nos. 079A1-00-OB-02500; 079A1-00-OB-025AO; 079A1-00-OB-02700 All those certain parcels or tracts of land lying and being situated in Albemarle County, Virginia, on the north side of U.S. Route 250, shown as Lots 25, 26, and 27, Block B, of Royal Acres Subdivision, on a plat by A. R. Sweet & Associates, dated July 31, 1948, and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 200, pages 335 through 338; LESS AND EXCEPT a portion of said lots, containing 1.61 acres, which was acquired for Interstate Route 64 by decree of said Circuit Court dated September 12, 1969, and recorded in the aforesaid Clerk's Office in Deed Book 463, page 464; BUT INCLUDING Parcel X, containing 1.07 acres, more or less, as shown on a plat by William S. Roudabush, Inc., dated December 15, 1983, and recorded in Deed Book 785, page 29. The subject property is known by present street numbering as 3756 Richmond Road, Keswick VA 22947. BEING portions of the properties conveyed to Charlottesville Lodge Number 1028, Loyal Order of Moose, Incorporated, a Virginia corporation, or Charlottesville Lodge #1028, Loyal Order of Moose, Inc., a Virginia non -stock corporation, by deeds from Thomas E. Henry, Virginia P. Henry, and Gilmer R. Shiflett, dated January 15, 1970, recorded January 30, 1970, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 468, page 526, and by deed from B. L. Cosner and E. Grant Cosner, trading as Cosner Brothers, dated December 27, 1983, recorded December 28, 1983, in Deed Book 785, page 27, and by deed from Rollie Bonnin Kirbey, et al, dated January 27, 1993, recorded February 5, 1993, in Deed Book 1287, page 683. _---_- RECORDED IN CLERICS OFFICE OF ALBEMARLE ON JULY 1, 2016 at 12:16:34 PM AS REQUIRED BY VA CODE 958.1-802 STATE: $441.25 LOCAL: $441.25 ALBEMF� LE COUNTY, VA J R. ZU G CIRCUIT CLERK flu THIS LEASE AGREEMENT ("Agreement') is made and entered into by and between Southern Property Management And Maintenance LLC ("Lessor") and Richardson -Wayland Electrical Company, LLC, a Virginia limited liability company, ("Lessee"), WHEREAS, the Lessee requires a staging area where equipment, workers, and materials may be staged throughout the construction process; 22947 WHEREAS, the Lessor owns a parcel located at 3756 Richmond Road, Keswick, VA WHEREAS, the Lessee desires to use Lessor's parcel for purpose of staging construction equipment, workers, and materials throughout the construction process; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed by and between the parties as follows: 1. PREMISES LEASED. Subject to the terms and conditions herein contained, the Lessor hereby leases to the Lessee the following described property, 3756 Richmond Road, Keswick, VA 22947. 2. TERM. This Agreement shall become effective March 11, 2019, and shall continue on a month to month basis, unless modified by mutual agreement of the parties in writing as provided herein. 3. USE. Lessee agrees to utilize the Premises solely for the purpose of staging construction equipment, workers, and materials, in conjunction with the construction project. Lessee shall not use or permit the Premises to be used for any purpose other than a staging area for construction operations. 4. RENTAL TERM. The monthly rent will be one thousand ($1,000.00) dollars. Rent shall be due on the lease commencement date and on the I la' day of each month thereafter. Any partial month will be prorated on a 30-day period. 5. RESTRICTION OF ASSIGNMENT SUBLETTING. Lessee agrees not to assign or in any manner transfer this Agreement or any estate or interest therein without the prior written consent of Lessor and not to sublet the Premises without like consent. Consent by the Lessor to one assignment of this Agreement or to one subletting of said Premises shall not operate to exhaust Lessor's right hereunder. 6. PERSONAL PROPERTY AT RISK OF LESSEE. All personal property on the Premises shall be at the risk of the Lessee only. The Lessor shall not be or become liable for any damage to such personal property or to Lessee or any other persons or property on the Premises or for any damage arising from any act or neglect of Lessee, occupants, employees, or invitees of Lessee. 0 0A 7. INSURANCE. Lessee shall maintain General Liability and Vehicle Insurance at its own expense during the life of this Agreement, naming and protecting Lessee, its assigns, and heirs as insured, against claims for damages resulting from (a) all acts of omission, (b) bodily injury, including wrongful death, (c) personal injury liability, and (d) property damage which may arise from operations under this Agreement whether such operations are by Lessee, Lessee's employees, or those directly or indirectly employed by Lessee. The policy shall insure the Lessee at a minimum of two million dollars ($2,000,000.00) for each occurrence. This insurance shall be written by an insurance company authorized to do business in the Commonwealth of Virginia. Such insurance shall not be subject to cancellation except after at least thirty (30) days prior written notice to the Lessor. It shall provide that the Lessor shall be specifically named as an additional insured on said policy. Finally, a duly executed certificate of insurance, together with any satisfactory evidence of the payment of premium due thereon, shall be deposited with the Lessor at the commencement of the term of this Agreement. Lessee shall provide proof of such insurance in a manner satisfactory to the Lessor before taking possession of the property. 8. RETURN OF PROPERTY TO ITS PRESENT CONDITION. Upon termination of this Agreement, Lessee agrees to return the Premises to the Lessor in its present condition. This shall include removal of any and all personal property belonging to Lessee and anyone permitted by Lessee to use the Premises during the term of this Agreement. It shall also include repair of any damage done to the Premises arising out of Lessee's use of the Premises during the term of this Agreement. 9. NOTICES. Any and all notices or demands required or permitted to be given hereunder shall be deemed to be properly served if sent by certified mail, postage prepaid, addressed to Lessor, attention Garrett Smith, PO Box 7505, Charlottesville, VA 22906 or addressed to Lessee at Richardson -Wayland Electric Company LLC, PO Box 12648, Roanoke, VA 24027 or such other address or addresses as either party may hereafter designate in writing to the other. Any notice or demand so mailed shall be effective for all purposes at the time of deposit thereof in the United States mail. 10. NO OTHER AGREEMENTS. This Agreement contains the entire understanding and agreements of the parties, superseded all prior understandings and agreements, and cannot be revised, adjusted, or modified unless in writing signed by the party against whom the same is to be enforced. i 1. INDEMNIFICATION. Lessee shall reimburse Lessor for and shall indemnify, defend, and hold Lessor, its assigns and heirs harmless from and against, all cost, damages, claims, liabilities, expenses (including attorney's fees), losses, and from court cost suffered by or claimed against Lessor, directly or indirectly, based on or arising out of, in whole or in part from (a) use and occupancy of the Premises or the business conducted therein by Lessee. (b) any act or omission of Lessee or any invitee, (c) any breach of Lessee's obligations under this Lease, including failure to surrender the Premises upon expiration or earlier termination of the Lease term, or (d) and entry by Lessee or any invitee upon the land prior to the Lease commencement date, or any extension after the Lease termination date. 0 A 12. FIRE OR OTHER CASUALTY. If the Premises are rendered unfit for occupancy by condemnation, fire, act of God, rioters, public enemies, accident, the term of this Lease shall immediately cease upon the payment of Rent apportioned to the day of such occurrence. If, however the premises are only partially destroyed or damaged and can with reasonable diligence be restored within ninety (90) days of the date of the fire or other casualty, and Lessor decides to restore the same, Lessor shall make such restoration without unreasonable delay and this Lease shall remain in force and effect and abate for any part of said Leased Premises which is rendered unfit for occupancy for the period that such unfitness continues. Cleanup of minor flooding will be the responsibility of the Lessee. 13. IMPROVEMENTS. Lessee agrees to do no additions to the Premises without first obtaining the written approval of the Lessor, except for cutting trees and clearing for electrical service. All improvements shall become the property of the Lessor upon termination of this Agreement unless the parties hereto agree otherwise. Lessee shall bear the cost of any alterations or improvements which are required to be made to the Premises as a result of the nature of Lessee's use of the Premises, and Lessee agrees to comply with local, state, and federal applicable laws, ordinances, regulations, and rules. Lessee agrees to maintain the landscape screens along 3756 Richmond Road, Keswick, VA 22947. Lessee, shall at its sole cost, keep and maintain the entirety of the Premises, and all improvements and facilities placed thereon, in good working order, condition, and repair and in a clean, safe condition. Lessee is responsible for removing any facilities it has placed on the Premises, at Lessee's expense, by the end of the Lease. 14. AS IS. Lessee agrees that it is accepting the Premises as "as is". Furthermore, Lessee agrees that Lessee has inspected the Premises and has determined the Premises to be suitable for the uses intended. No representations have been made by the Lessor as to the condition of the Premises. 15. LEASE NOT A JOINT VENTURE. Lessor shall in no event be construed, held, or become in any way or for any purpose a partner, associate or joint venture of Lessee or any party associated with Lessee in the conduct of its business or otherwise. 16. REMOVAL. Lessee may remove all inventories and other items of personal property, belonging to the Lessee, at any time prior to the termination of this Lease. If Lessee has complied with all provisions of the Lease but fails to remove said items prior to the termination of Lease, then Lessor may enter said Premises and remove any such items, and Lessor shall be entitled to reasonable compensation for any such removal and/or storage expense, and further, should Lessee fail to compensate Lessor for any such removal and or storage, then Lessor may, after giving at least ten (10) days' notice to Lessee, sell, at public or private sale, any such items removed and apply the proceeds from any such sale, first, to the cost of such sale, second to the compensation due the Lessor with the balance to the Lessee. OWA 17. DEFAULT. If Lessee fails to pay Rent or any other obligation required by this Lease, as scheduled, or fails to perform any other condition of this Lease, then this Lease may be terminated at the option of the Lessor by providing the Lessee with written notice. Lessor may provide, if it so chooses, an option to cure any failure on the part of the Lessee with a specific time frame for completion of the actions required to cure. If the Lessee fails to cure such default, this lease will operate as a NOTICE TO QUIT, as may be required by law, being herby expressly waived under this Lease and shall be grounds for termination thereof. In such cases, Lessor may proceed to recover possession of the Premises without demand for Rent or possession under and by virtue of any Virginia law(s), which regulate proceedings between Lessor and Lessee. Lessee agrees to remain liable for all damages or financial loss of Lessor resulting from such re-entry, and Lessor reserves full power to rent Premises for his own benefit. In the event legal action to recover possession for unpaid Rent and/or damages is necessary, Lessee specifically agrees to reimburse the costs of such legal action to include, but not limited to, costs and reasonable attorney's fees. Lessee further agrees that any items of personal property remaining on the premises at the date of default by Lessee shall be held by Lessor as security until all financial obligations resulting from said default have been resolved to the satisfaction of Lessor. Lessor's items of personal property will be handled as provided for in the REMOVAL paragraph above. 18. ABANDONMENT. If Lessee shall abandon, quit, or vacate the Premises voluntarily, without the written consent of the Lessor, Lessee shall remain liable for all financial loss and/or rents that would be incurred by Lessee as if Lessee had continued use of the Premises. The Lessor shall not be required to mitigate damages by re -letting the Premises to another party. The Lessor, at its sole discretion, may re -let the Premises, and Lessee agrees to reimburse Lessor for any expenses incurred by Lessor in acquiring a new tenant and for any difference in the financial benefit Lessor would have obtained during the remainder of the Leese's lease and the benefit generated from the re -letting of the Premises to another Lessee. In addition, Lessor may take possession of any personal property abandoned by the Lessee, without compensation to the Leese. Personal property of Lessee shall be deemed abandoned if left on the premises for more than fifteen (15) days after default under this Lease Agreement. 19. HOLDOVER. If Lessee maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Lessee shall pay to Lessor Lease payment(s) during the Holdover Period at a rate equal to the normal payment rate set forth in the Renewal Terms paragraph. 20. ACCESS AND INSPECTION. Lessor or its agent may enter the Premises during the Leesee's hours of operation to ascertain whether or not the provisions of this Lease are being complied with and to exhibit the Premises to prospective or actual purchasers, mortgagee's, insurance representatives, appraisers, tenants, workmen or contractors. 21. WAIVER. The waiver of one condition of this Lease or any failure on the part of either party to fail to enforce any provision of this Lease does not waive or in any manner affect other conditions of this Lease or subsequent breaches of the same condition. b1A 22. MECHANICS LIENS. Neither the Lessee nor anyone claiming through the Lessee shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Lessee agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that is necessary in order to keep the Premises free of all liens resulting from construction done by or for the Lessee. 23. ANIMALS. Lessee shall not keep any "watch dog(s)" or other animal(s) on the Premises without written permission from the Lessor. If written permission is granted, the Lessee agrees to pay the cost of any damage caused by such animal(s). Lessor is responsible to ensure that the animal(s) are safely managed. Lessee shall indemnify and hold Lessor harmless from any liability resulting from the presence of an animal on the premises. 24. ATTORNMENT AND NONDISTURBANCE. In the event of the sale or assignment of Lessor's interest in the Premises, or any portion of the property in which the Premises are a part, or in the event of any proceedings brought for the foreclosure or in the event of exercise of the power of sale under any mortgage made by Lessor covering the Premises, then this Lease will not be barred, terminated, cut off or foreclosed nor will the rights and possession of Lessee thereunder be disturbed if Lessee shall not then be in default in the payment of rental or other sums or be otherwise in default under the terms of this Lease and Lessee shall attorn to the purchaser or foreclosing mortgagee and recognize such purchaser or foreclosing mortgagee as Lessor under this lease. 25. SUBORDINATE. The Lessee agrees that it will, at the request of the Lessor, subordinate this Lease to any Mortgage or Deed of Trust, or renewals thereof, or substitution therefore, or any other methods of financing or refinancing of said Demised Premises, and the Lessee agrees, upon demand, to execute, acknowledge and deliver to the owners of the lien, without expense to them, any and all instruments that may be necessary or proper to subordinate this Lease, and all rights hereunder to the lien or liens of any such new mortgage or mortgages or other prior obligations. 26. QUIET ENJOYMENT. Lessee upon paying the rents and performing all of the terms on its part to be performed, shall peaceable and quietly hold and enjoy the Premises subject, nevertheless, to the terms of this Lease and to any mortgage, ground lease, or agreements to which this Lease is subordinated. 27. FORCE MAJEURE. Lessor shall be excused for the period of any delay in the performance of any obligations, hereunder, when prevented from doing so by cause or causes beyond Lessor's control which shall include, without limitation, all labor disputes, civil commotion, war, war -like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fire or other casualty, inability to obtain any material, service, or financing or through acts of God. 28. BROKER'S Lessor and Lessee each represents to the other that they have used no real estate brokers or other persons to whom a commission, leasing fee, finder's fee, or other similar payment is due. t) tit 29. DEFINITION OF LEESOR AND LEESEE OBLIGATIONS. If there should be more than one Lessor or Lessee, the covenants of the Lessor or of the Lessee shall be the joint and several obligations of each of them, and if the Lessor or Lessee are partners, the covenants of the Lessor or the Lessee shall be the joint and several obligations of each of the partners and obligations of the partnership. 30. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 31. WAIVER. The waiver of one condition of this Lease does not waive or in any manner affect other conditions of this Lease or subsequent breaches of the same condition. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that parry's right to subsequently enforce and compel strict compliance with every provision of this Lease. 32. SUCCESSORS. The Lease shall be binding upon and endure to the benefit of the parties hereto, their respective legal representatives, successors, heirs, and assigns. WITNESS the following signatures and seals: LANDLORD: As agent for Southern Property Management & Maintenance LLC Date TENANT: 0Lla6 gjoe� _ 3_ �3 l q As agent for Richardson-Wayl Electric Company, LLC Date 1414 Memorial Ave SW Roanoke, VA 24015 (540) 344-8136 July 3, 2019 Mr. Smith, Please allow this letter to serve as 60-day notice of termination of lease for property located at 3756 Richmond Road, Keswick, VA. Our conactual tasks are scheduled to be concluded by end of July and we will have all equipment that we have been staging on said property demobilized within a couple of weeks of completion. Thank you very much for working with us. Sincerely, Anthony D'Arensbourg Operations Manager ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 10 RURAL AREAS DISTRICT, RA Sections: 10.1 INTENT, WHERE PERMITTED (Amended 11-8-89; 10-3-01) 10.2 PERMITTED USES 10.2.1 BY RIGHT 10.2.2 BY SPECIAL USE PERMIT 10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT 10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11-8-89) 10.3.3 RURAL PRESERVATION DEVELOPMENT (Added 11-8-89) 10.3.3.1 DEFINITIONS (Added 11-8-89) 10.3.3.2 INTENT; DESIGN STANDARDS (Added 11-8-89) 10.3.3.3 SPECIAL PROVISIONS (Added 11-8-89) 10.4 AREA AND BULK REGULATIONS 10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT 10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT 10.1 INTENT, WHERE PERMITTED This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the following purposes: (Amended 11-8-89) -Preservation of agricultural and forestal lands and activities; -Water supply protection; -Limited service delivery to the rural areas; and -Conservation of natural, scenic, and historic resources. Residential development not related to bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and villages as designated in the comprehensive plan where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objective. Where development does occur, rural residents should expect to receive a lower level of service delivery than will be provided to residential developments in designated growth areas. In relation to residential development, agricultural/forestal activities shall be regulated only to the extent necessary to protect public health and safety. In regard to agricultural preservation, this district is intended to preserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle opportunities. In addition, the continuation and establishment of agriculture and agriculturally -related uses will be encouraged, and landowners will be encouraged to employ Virginia State Water Control Board best management practices. (§ 10.1, 12-10-80, 11-8-89; Ord. 01-18(6), 10-3-01) 18-10-1 Zoning Supp. #86, 11-12-14 ALBEMARLE COUNTY CODE It is intended that permitted development be restricted to land which is of marginal utility for agricultural/forestal purposes, provided that such development be carried out in a manner which is compatible with other purposes of this district. Roadside strip development is to be discouraged through the various design requirements contained herein. 10.2 PERMITTED USES 10.2.1 BY RIGHT The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this chapter: 1. Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. 2. Side -by -side duplexes subject to the provisions of section 10.4; provided that density is maintained and provided that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. 5. (Repealed 5-5-10) 6. Water, sewer, energy, communications distribution facilities (reference 5.1.12). 7. Accessory uses and buildings including major home occupations (reference 5.2A), minor home occupations (reference 5.2A), and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses (reference 5.1.12). 10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). 11. Veterinary services - off -site treatment only. 12. Agricultural service occupation (subject to performance standards in 4.14). 13. Divisions of land in accordance with section 10.3. 14. Bed and breakfast (reference 5.1.48). 15. Mobile homes, individual, qualifying under the following requirements (reference 5.6): a. A property owner residing on the premises in a permanent home wishes to place a mobile home on such property in order to maintain a full-time agricultural employee. b. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The zoning administrator shall be authorized to issue permits in accordance with the intent of this ordinance and shall be 18-10-2 Zoning Supp. #86, 11-12-14