HomeMy WebLinkAboutWPO201800001 Stormwater Management Maintenance Agree. 2018-05-30201800005815.001
Instrument Control Number
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A O
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Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument: [5/29/2018 ]
Instrument Type: (AG ]
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
CLERK OF CIRCUIT COURT
FILED May 30, 2018
AT 08.36 am
BOOK 05052
START PAGE 0678
END PAGE 0688
INST # 201800005815
TOTAL NUM PAGES 0011
MEB
Number of Parcels [ 1 ]
Number of Pages [ 10]
------------------------------------------------------- ------
City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only)
First and Second Grantors
Last Name First Name Middle Name or Initial Suffix
[Steve Hood, Katy Hood ] [ ] [ ] [ ]
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 ® [Albemarle County ] Percent. in this Juris. [ 100]
Book [4389 ] Page [746 ] Instr. No [ ]
Parcel Identification No (PIN) [03100-00-00-03200 ]
Tax Map Num. (if different than PIN) [ ]
Short Property Description (Rivanna Community Church ]
[WP02018-00001 ]
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
[Rivanna Community Church
[Jennifer Pritchett
[Albemarle County Community Development Department
[401 McIntire Road - North Wing
[Charlottesville ] [VA ] [22902
[ ] [ ][
,201 &00005815.002
This document was prepared by:
Albemarle County- Attorney-
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map Parcel 03100-00-00-03200
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between Steve Hood, Katy Hood, Meredith
Noble, John Elder and Elizabeth Elder, Trustees of Rivanna Community Church, hereinafter
called the "Owner.," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of
the Commonwealth of Virginia, hereinafter called the "Count-."
RECITALS
R-1. The Owner is the fee supple owner of certain real property described as Albemarle County
Tax Map Parcel 03100-00-00-03200, as recorded in the Clerk's Office of the Circuit Court of
Albemarle County, \'irginia,,in Deed Book 4389, page 746, hereinafter called the "Property"; and
R-2. The Owner is proceeding to build on and develop the Property; and
R-3. The Property is not within the County's Municipal Separate Storm Sewer System
(hereinafter, "NIS4") jurisdictional area; and
R-4. The Site Plan/SubdIN,ision Plat identified as Rivanna Community Church, was approved
and, in conjunction therewith, a Stormwater Management Plan, identified as Rivanna Community
Church — WPO-2018-00001, 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 qualit%
treatment of stormwatcr within the confines of the Property; and
R-5. The Plan and the land disturbing activity related thereto are subject to the Virginia
Stormwater Management Act (Virginia Code 62.1-44.15:24 el xeq.), as implemented in part by
Chapter 17, Water Protection, of the Albemarle County Code; and
R-6. 9VAC25-870-112 and Albemarle County Code 17-415 require the Owner and the County
to enter into this agreement in order to ensure the long-term maintenance of the permanent
stormwater management facilities and/or other techniques required to serve the Property, and, for
those facilities within the C_'ounty'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
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' VY
:.201800005815.003
R-7. For those facilities within the Count%-'s MS4 jurisdictional area, this Agreement also
addresses, in part, the Counn"s obligations under Minimum Control Measure Number 5 (post -
construction stormwater management) in the Albemarle County 5-Year MS4 General Permit and
Program Plan; and
R-8. Albemarle Count\, 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
com-ey 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 quahry 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 Srormwater Itlanagement 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, presen, ing, and restoring the Facilities or any part thereof necessary to comply with
the plans and specifications identified in the Plan.
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).
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,2018p0005815.004
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 Count), Engineer by a person who: (1) is licensed as a professional
engineer, arcltect, 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 9V_1C:25-870, 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
subnut 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.
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, 201800005815.005
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 Count); 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 hereinabovc written.
4. Permission to the County to inspect the Facilities. The Owner hereby grants permission
to the Counrv, including its authorized agents and employees, to enter upon the Propert}- 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 deternuning the condition of the Facilities including, but not limited to, determining
whether the Facilities are ul good working condition, investigating any deficiencies reported in the
Inspection Report, responding to citizen complaints about the Facilities, and inspecting or observing
any, maintenance of the Facilities.
B. Prior notice to the Owner not required. The County shall not be required to provide
prior notice to the Owner to enter the Property to conduct the inspection.
C. Inspection findings and demand for maintenance. The County shall provide the
Owner with a copy of the findings of its inspection of the Facilities. If the inspection concludes that
maintenance of any of the Facilities is required, the County- also shall provide the Owner with a
demand that the Owner maintain the Facilities and the date by which the maintenance work must be
completed.
5. The Owner's response to the Inspection, the Inspection Report or the Countv'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 the Albemarle County Engineer determines, in their sole discretion, that
failure to implement the corrective action creates an imminent or potentially imminent threat to the
public health or safCVV, the Owner shall complete corrective action as soon as practicable, but no
later than seven (7) days after discovery; (ii) if an inspection identifies a Facility that is not operating
effectively, but is not an imminent or potentially imminent threat to the public health or safety, the
Owner shall complete corrective action as soon as practicable, but no later than sixty (60) days after
discovery or a longer period allowed in writing by the County Engineer; (iii) if an inspection
E.
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2018.00005815.006
identifies an existing l acilih- 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 sixy (60) days after discovery or a longer period allowed in writing by the
County Engineer. The term "control measure means any best management practice or stormwater
facility, or other method used to minimize the discharge of pollutants to State Waters, or otherwise
restrict or alter the hydraulics of stormwater flow and discharge.
B. Maintenance. If the Inspection Report under Section 3 or the inspection conducted by
the Counn; 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 1"acilities are in good .working condition.
6. Right of the County to enter the Proper 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 necesSai'y" 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 Coulitn= 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
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201800005815.007
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 Counry ma}- collect any amount not timely, reimbursed by
the Owner in any manner authorized by law and may place alien against the Property in the amount
of the non -reimbursed costs, plus interest at the rate authorized by law.
8. Obligation of the Owner to indemnify and hold harmless the County. The following
shallapple to this Agreement:
A. No County liability. Tlus Agreement imposes no liability- of any hind whatsoever on
the Counn.-, including its agents, officers and employees.
B. Obligation of the Owner to indemnify and hold harmless. The Owner shall
lndemnlfy and hold harmless the Counn-, including its agents, officers and employees, for any, and all
damages, accidents, casualties, occurrences or claims which might arise or be asserted against the
Counn-, including its agents, officers and employees, resulting from the failure of the Facilities to
perform their design function or to otherwise operate properly; any repairs, maintenance,
construction, or any other acts performed by the County or the Owner, including their respective
agents, officers and employees, related to the Facilities, regardless of how those acts were performed
except if the Counn-'s acts are the product of willful misconduct; or the Facilities' existence.
C. Notice of and defense of actions. If a claim is asserted against the County, including
its agents, officers and employees, based upon any of the indemnities in subsection (B), the County,
shall promptly notify the Owner of the claim. The Owner shall defend, at its expense, any lawsuit or
other action arising therefrom. If, as a result of a claim, any judgment is allowed against the County,
its agents, officers and employees, or any of them, the Owner shall pay all damages, costs, expenses
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
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201-800005815.008
parties and shall be effective on and after the date it is signed by the Albemarle Counn- Executive.
WITNESS the follo\ving signatures:
OW- NNER:
Steve }-Ic d, Kan- Hood, Meredith Noble, John Elder and Elizabeth Elder,
I't:uste f�iv nna ommututy Church
Steve H
Trustee
CONMNMONWI=:AI..TH OF \/IRGINIA
C•I-T—Y/COUNTTY OF f,•\becc�O�c�2r
The foregoing instrument was acknowledged before me this aa�day of a0�$ ,
by Steve }-food. 'Trustee.
°0 1ERy0 '°•.
Notary Public
4 .
\My Comnussion xpires: \O�'�\ \\q
zMM S
S\pN a =
Registration Numbci ��Jn'J\5�` CONUMg 6a z
Cp •. ? 509 0 ,'
OWNER: �'�°�eeeeeoade°a
Stcvc }-food, Kan Hood, Meredith Noble, John Elder and Elizabeth Elder,
.Yrustc.cs of Rivaoria Cotmrnuninv Church
Kant
'I"rtts
C0N41\'10N\\/E:,\L:I'I-1 01" VIRGINIIA.
C-4;f Y/COUNTY 0F'
The foregoing instrument was acknowledged before me thisZpAlay of \->\(:,.,, .oak% ,
by Iiaty Hood, 'Trustee.
°eaeeoeeoeoe
°° N1ERyp '°•.
Notary Public O. •�?�.
My Comrrtission FUe��C�
o : z° M SS�ON •• a
Registration Number: )VS 6 CO vtlgEFZ ?
� •� r1 5p3�58
SIGNATURES CONTINUE ON THE FOLLOWING PAGE°,�'��j�•..••,,..•'�QJ�e�`
eo0jeeoeeooe°°°
7
Version: 11/3/17
•. 201$00005815.009
OWNER:
Steve Hood, KatS; Hood, Meredith Noble, John Elder and Elizabeth Elder,
Trustees of Rivanna Community Church
1�•Icredith Noble
Trustee
COI\ MON1WL:_-IL.'I'l-1 01: VIRGI 1IA
C1TY/C0UN•-1-Y 01- !, 5v JI
The foregoing instrument was acknowledged before me this P'Oday of
2001':)y Meredith Noble, Trustee. %%!!1!!!!
My Comnssion L-•:.\pires: 33 3J 20
Registration Number: 7-5-20a'03
OWNER:
01 to
0�'•.
�. TARY •' .• � :�
Notary Public : ��.' PUBLIC . 2
• REG # 7520803
O ;MY cCmMISSION : Q
,• a . EXPIRES
y '�� •••, 313112020
r
"ll1l1/11/l,a
Steve Hood, Katy Hood, Meredith Noble, John Elder and Elizabeth Elder,
•Tri-1,1 :CCS of Rivanna Community Church
c ldcr
1•rustec
C01\4I0N\\/f:�:_\I-1•I'1-I0I—/
CITY COUNTY OF oyi
The foregoing instrument was acknowledged before me this 25 day of Motq 10,000I
o2obrbv John Elder. Trustee. •` p,H LB •�.
C(�],, , , � _��� @a0• NOTARY '•, �'�
Notate- Public
My Commission Flxpires: � � % 2•a r� .COfuSMI3SI0N c
U EXPIRES
3f3+12020 C�
%'lam •., ,,.•' 4�.•'
Registration Number: 7�� 4�� 0+�� •.... 0F�
'• FAiTH ••
r+/1 j!l111111/�,
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 1 1/3/17
201000005815.010
OWNER:
Steve Hood, Iran- Hood, Meredith Noble, John Elder and Elizabeth Elder,
Trustees of Rivanna Community Church
Et.-R—"
1"izabe l Elder
'Yrustee
COI\ N40NW1--' A L I'll OF VIRGIN A
CITY/COUNTY OF Ua;M-sv;)/Q—
The foregoilig instrument was acknowledged before me this day of
2''0l by 1=1.zabeth 1=1der, Trustee. O�PH LB O/z,
��: •'• NOTARY •' ,
PUBLIC
REG ;t 7521803 ;
Notar} Public :MY COMMISSION;
My Comnvssion E..Xlzires: EXPIRES ;
•' 3/3112020
' 0 .
Registration Number:cALT}k��4y+'�e
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
9
Version: 1 1/3/17
201800005815.011
C;Jffrey,
TY OF ALBEMARLE, VIRGINIA
B, gg
B. Richardson
County Executive
CO\l\ION\\jE::\L:1'I-1 �F VIRGINIA
CI1Y/Cr`rrrc`�i`r Ol' �1t^l(�Q�Slil�`Q
t <r—
The foregoing instrument vas acknowledged before me this �5 day of M Cw ,
a0l�bv jeffrev B. Richardson, Count-\, Execue, on behalf of the Board of Supervisors of
Albeniar1e COU111Y, Virglllia.
My Comm-I'ssion f'xpires: 10 � 31 lCl
Notat-y Public
} CHERYL L. SKEEN
Registration Number: '-11 5 3`l G9- I NOTARY PUBLIC
REGISTRATION A 7153762
JJ COMMONWEALTH OF VIRGINIA
t MY COMMISSION EXPIRES
OCTOBER 31. 2019
Approved as to 1"orn1:
I e. iT MCA. 23 $
C ]ntN. ,ittornev ate
6
INSTRUMENT # 201800005815
RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE
May 30, 2018 AT 08:36 am
JON R. ZUG, CLERK by MEB
BOOK 05052 PAGE 0678 -00688
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