HomeMy WebLinkAboutSUB200800092 Agreements 2008-11-20 SHARED ACCESS MAINTENANCE AGREEMENT
THIS SHARED ACCESS MAINTENANCE AGREEMENT is made and entered into
this 20 day of November, 2008,by and between Airport Office Center, LLC, a Virginia limited
liability company("Airport Office Center"),whose address is 107 Dogwood Radford, VA 24141
and Airport Office Center, LLC, a Virginia limited liability company("Airport Office Center"),
whose address is 107 Dogwood Radford,VA 24141.
WHEREAS, the above parties are the owners of two adjoining lots located in the Rio
Magisterial District of Albemarle County,Virginia, which are served by a shared access to
parking lot facilities located on these lots, said shared access being shown by plat of survey
entitled the"Subdivision Plat Showing Lots A&B A Division of TMP 32-48", as prepared by
Roudabush, Gale &Associates, Inc., dated March 18, 2008, which is of record in the Clerk's
Office of the Circuit County of Albemarle County,Virginia in Deed Book ,page
contemporaneous with recordation of this Agreement; and
WHEREAS,Airport Office Center L.L.C, is the owner of the lot designated as"Lot B"
on the aforesaid plat of survey; and;
WHEREAS, Airport Office Center L.L.C, is the owner of the adjoining Lot designated
as"Lot A" on the aforesaid plat of survey; and
WHEREAS, the parties desire to enter into agreement in order to provide for the joint
maintenance,repair, and upkeep of said shared access to their respective parking lots.
NOW,THEREFORE, in consideration of the premises and mutual covenants provided
• herein,the parties agree as follows:
(1) The parties hereby agree on behalf of themselves, their heirs,personal
representatives, successors, and assigns,to maintain said shared access and to perform repairs so
as to maintain the shared access in good and safe condition in accordance with standards set forth
below. The parties hereby agree to share equally in the cost of such maintenance and repair,
regardless of the size of any particular lot or distance traveled over the shared access;provided,
however,that in the event a party's agent or business or professional invitee causes damages to
the shared access other than ordinary wear and tear, said party shall be required to repair such
damage and bear the cost thereof exclusively.
(2) For purposes of this Agreement,the terms"repair"and"maintenance"shall
include,but not be limited to,repairs to the shared access road surface, to private streets or alleys
(if any), and all curbs, curbs and gutters, drainage facilities,utilities, dams,bridges and other
private street improvements, and the prompt removal of snow,water, debris, or any other
obstruction so as to keep the shared access road surface, and private street or alley(if any)
reasonably open for usage by all vehicles,including emergency services vehicles, and perform
any and all other necessary work required to maintain the shared access in a condition that will
allow for,reasonable and safe ingress and egress.
The shared access road and improvements thereto shall at all times be maintained so that
it is safe and convenient for passenger automobiles and emergency vehicles at all times except in
severe temporary weather conditions, and shall be maintained in substantially the same condition
it was when approved by the County.
(3) Any party may initiate repairs or maintenance by first informing the other
Lot owner in writing of his/her intention and the extent of the work sought. If no objection is
received within seven(7) days of such notice,then the initiating party may proceed with the
work. However,no notice for initiating snow removal or removal of impassable obstructions
shall be required.
(4) There shall be no obligation on the undersigned to upgrade the shared access to a
superior condition than exists on the date hereof unless a majority of the parties obligated
hereunder to maintain the road agree to such upgrade in writing. Upon execution of this
Agreement,the shared access road and improvements thereto are constructed with paved asphalt
and the parties agree that the condition of the shared access road and improvements are in good
condition.
(5) Each party hereby grants to the other parties hereto a temporary construction
easement across the lot owned by such party for the purpose of maintaining,repairing, or
upgrading the shared access, as provided for in this Agreement.
(6) There shall be a continuing lien upon each lot having the right to use the shared
access to secure the payment of charges herein provided for maintenance and repairs,but such
liens shall at all times be subject to any first or second deeds of trust placed on the lot until notice
of such lien shall have been recorded. If the pro rata share of the cost of maintenance or repairs
due hereunder is not paid by the owner of a lot when due, a notice of such nonpayment may be
recorded by the parties or by the person or corporation providing such maintenance or repairs in
the Clerk's Office, and from the time of such recordation, the amount stated in such notice,
together with interest, costs, and reasonable attorney's fees, shall become a lien prior to any
deeds of trust recorded subsequently to the recording of such notice.
(7) This Agreement is to provide for the joint maintenance of a shared access to
parking facilities located on each owner's lot. Nothing in this Agreement shall permit the owner
of Lot A to use or access parking spaces located on Lot B, and nothing in this Agreement shall
permit the owner of Lot B to use or access parking spaces located on Lot A.
(8) The covenants set forth in this Shared Access Maintenance Agreement shall run
with the land described above and owned by the parties hereto and shall be binding on the heirs,
personal representatives, successors, and assigns of the parties hereto.
(9) No public agency, including the Virginia Depatliiient of Transportation and the
County of Albemarle,Virginia shall be responsible for maintaining any improvements identified
herein or which are the subject of this maintenance agreement.
(9) This Shared Access Maintenance Agreement contains the entire agreement
between the parties hereto and shall be construed and interpreted according to the laws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto affix their signatures and seals below on
the date first above written.
Airport Office Center, L.L.C. Airport Office Center, L.L.C.
Lot A Lot B
By: 4Z-, By: '
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COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF Albemarle to-wit:
The foregoing insOment was acknowledged before me this `ice day of November,
2008,by e:eePI LLO -Keisiol;as K oen-c .i ,n �cc+ -�, Pt.t,�pv ( (c� Lz LLL.
of Airport Office Center, L.L.C. U 1
My Commission expires: . I .3 g a l l
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Notary PuUc# 7(O.�a y
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COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF A`&_)r ck ,to-wit:
The foregoing instrument was acknowledged before me this 1 01' day of November,
2008,bye Igo 4 ( CL.[ , as A orvvZ1 's,r t c—Ac4 of
Airport Office Center, L.L.C.
My Commission expires:
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