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Home My WebLink AboutWPO201300079 Agreement - SWM Maintenance 2015-04-16Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T I IC I Date of Instrument: [4/7/2015 A O Instrument Type: [AG ] X R P E Number of Parcels [ 3] X Number of Pages [ 3] E M City [:]County x❑ [Albemarle County ] 003625 Doc ID: 033094900005 Type: DEE Recorded: 04/16/2015 at 10:09.19 AM Fee Amt: $17.00 Paqe 1 of 5 Albemarle County, VA Debra M. Shipp Ciruit Clerk File# 2015-00003625 BK4607 P,128-132 (Box for Deed Stamp Only) P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [5th Street Station Ventu ] [ ] [ ] [ ] 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) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County FX] [Albemarle County ] Percent. in this Juris. [ 100] Book [4578 ] Page [605 ] Instr. No [ j Parcel Identification No (PIN) [076M1-00-00-002A0 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [5th Street Station Phase 2 ] [WPO-2013-00079 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by [Albemarle County CDD Recording Paid for by [Williams Mullen Clark & Dobbins Return Recording to (Name) [Ana D. Kilmer (Address 1) [Albemarle County Community Development Department (Address 2) [401 McIntire Road -North Wing (City, State, Zip) [Charlottesville ] [VA ] [22902 Customer Case ID [ ] [ ] [ Cover Sheet Page # 1 of 2 Instrument Control Number L 1 003625 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: [4/7/2015 ] A R R O Instrument Type: [AG ] X A A R N N P Number of Parcels [ 3] E T T X O E Number of Pages [ 3] E R E City [-]County ❑x [Albemarle County ] (Box for Deed Stamp Only) M P Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix ■ Prior Instr. Recorded at: City ❑ County FX] [Albemarle County ] Percent. in this Juris. [ 1001 Book [4578 ] Page [605 ] Instr. No [ ] Parcel Identification No (PIN) [076M1-00-00-002B0 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [5th Street Station Phase 2 ] [WPO-2013-00079 ] Current Property Address (Address 1) [ j (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Prior Instr. Recorded at: City ❑ County 0 [Albemarle County ] Percent. in this Juris. [ 100] Book [4578 ] Page [605 ] Instr. No [ ] Parcel Identification No (PIN) [076M1-00-00-004A0 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [5th Street Station Phase 2 ] [WPO-2013-00079 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Cover Sheet Page # 2 of 2 STO'RMWATER MANAGEMENTBMP FACILITIES MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2-56day of *M4/5, by and between 5t1' Street Station Ventures, LLC hereinafter called the (Insert Full Name of Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 076M1-00-00-002AQ, 076M1-00-00-002BQ 076M1-00-00-004A0 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 4578/605 , hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property pursuant to a Site Plan/Subdivision Plan known as 51" Street Station Phase 2 , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Water Protection Ordinance PIan — E&S Phase 2 and SWM/BMP Design for 5"' Street Station - WPO-2013-00079 (Name of Plan/Development-WPO Application Number) hereinafter called the "Plan" which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the Property; and WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on -site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on -site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on -site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management/BMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. Prepared by County of Albemarle Department Community Development Revised September 18, 2012 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater managementBMP facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Albemarle County, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. -2- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 WITNESS the following signatures and seals: 5"' Street Station Ventures, LLC, a Delaware limited liability company By: 5t" Street Station Ventures Manager, LLC, a Georgia limited liability company, its Manager Company/Co oration/Partnership Name (Seal) By:/ k6__K�� Stephen J. Collins (Type Name) Manager (Type Title) STATE OF-�e�ra; 4 CITY/COUNTY OF OIDwak The foregoing Agreement was acknowledged before me this 25 day of /' &C11 , 20__15_, by Stephen J. Collins, Manager NOTARY P LIC My Commission Expires: All-71d - COUNTY OF ALBEMARLE, VIRGINIA By: Thomas C. Folev (Type Name) County Executive (Type Title) STATE OF Virginia CITY/G6 'f 1- OF Charlottesville ON M 0 :Z��AOTgq� p'. cn = O AUBLIG q O?e1�i y 77.2D..• O C\ G� OUNTY, The foregoing Agreement was acknowledged before me this 7th day of April 20 15 ,by Thomas C. Foley, County Executive Z• NOTARY PUB C My Commission Expire r Approv as to For : u Attorney Date Prepared by County of Albemarle Department Community Development Revised September 18, 2012 Asp® � •: �%� ^ �. A0QLIC T RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON APRIL 16, 2015 at 10:09:19 AM AS REQUIRED BY VA CODE §58.1-802 STATE: $0.00 L CAL: $0.00 ALBEMARLE C UNTY, VA DEBRA . SHIPP IT CLERK Instrument Control Number 003624 T C A O X R P E X E M P T Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [4/7/2015 ] Instrument Type: [AG ] Number of Parcels [ 11 Number of Pages [ 3] Doc ID: 03304890004 Type: DEE Recorded: 0411:12015 at 10:07:19 AM Fee Amt: $17.00 Paqe 1 of 4 Albemarle County, VA Debra M. Shipp Ciruit Clerk File# 2015-00003624 BK4607 PG124-127 City ❑ County Ox [Albemarle County ] (Box for Deed Stamp Only) First and Second Grantors Last Name First Name T Middle Name or Initial Suffix [Avon Holdings, LLC ] [ ] [ ] [ ] [ ][ ][ ][ ] 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) [ ] (City, State, Zip) [Charlottesville ] [VA ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County lxl [Albemarle County ] Percent. in this Juris. [ 100] Book [2872 ] Page [510 ] Instr. No [ ] Parcel Identification No (PIN) [07700-00-00-011 EO ] Tax Map Num. (if different than PIN) [ ] Short Property Description [5th Street Station Phase 2 ] [WPO-2013-00079 ] 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 ] [Williams Mullen Clark & Dobbins ] [Ana D. Kilmer ] [Albemarle County Community Development Department ] [401 McIntire Road -North Wing ] [Charlottesville ] [VA ] [22902 ] [ ] [ ][ ] OURV MTER MANAGEMENTBMP FACILITIES MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2-�day of r V 1a''C.12 , 2XIE5 , by and between Avon Holdings LLC hereinafter called the (Insert Full Name of Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property described as Albemarle County Tax Map/Parcel 07700-00-00-01 IE0 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 2872/510 , hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property pursuant to a Site Plan/Subdivision Plan known as 5"' Street Station Phase 2 , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Water Protection Ordinance Plan — E&S Phase 2 and SWM/BMP Design for 5"' Street Station - WPO-2013-00079 (Name of Plan/Development-WPO Application Number) hereinafter called the "Plan" which is expressly made a part hereof, as approved or to be approved by the County, provides for detention of stormwater within the confines of the Property; and WHEREAS, the County and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on -site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on -site stormwater management/BMP facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The on -site stormwater management/BMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management/BMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. -1- Prepared by County of Albemarle Department Community Development Revised September I8, 2012 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP facility and submit an inspection report annually. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the County, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the County deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The County shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP facilities in good working condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the County to erect any structure of permanent nature on the land of the Landowner outside of the easement for the stormwater management/BMP facilities. It is expressly understood and agreed that the County is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the County. 6. The Landowner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the stormwater management/BMP facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 7. In the event the County pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Albemarle County, Virginia, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. -2- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 WITNESS the following signatures and seals: Avon Holdings, LLC (Type Name) (Type Title) STATE OF V f ,G— CITY/COUNTY OFm�- !' The foregoing Agreement was acknowledged before me this ZS day of (Y)c�nd-) , 201 , by ®``qe@eeeeoeeeeeje�, era 0& '. NOTARY PUBLIC o My Commission Expires: it 1•30 2Ul Si : REGISTRATION" : Z " NUMBER '- •7261911 •' COUNTY OF ALBEMARLE, VIRGINIA �'•U • ••' OFF •• ��`� °•e ALTH ehoeeeee��,, By: Thomas C. Foley (Type Name) County Executive (Type Title) STATE OF Virginia CITY/CQI OF Charlottesville The foregoing Agreement was acknowledged before me this 7 th day of April 20 15 ,by Thomas C. Foley, County Executive NOTARY P LIC My Commission Expire ''- t'�oTA Approv as to Form: , s ty ttorney Date Prepared by County of Albemarle Department Community Development Revised September 18, 2012 A08LIC RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON APRIL 16, 201 Sat 10.07:19 AM AS RSQA IE $0 00 BY VLOCOA E 0 00 802 ALBEMARLE COUNTY, VA DEBRA M. SHIPP IRU CLERK A