HomeMy WebLinkAboutWPO201700031 Agreement - SWM Maintenance 2017-11-08201700013093.001
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Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument: [11/8/2017 ]
Instrument Type: [AG ]
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
CLERK OF CIRCUIT COURT
FILED Nov 08, 2017
AT 03:36 pm
BOOK 04981
START PAGE 0778
END PAGE 0786
INST # 201700013093
TOTAL NUM PAGES 0009
E MJ
Number of Parcels [ 1 ]
Number of Pages [ 81 -
(Box for Deed Stamp Only)
City ❑ County ❑x [Albemarle County ]
First and Second Grantors
Last Name First Name Middle Name or Initial Suffix
[County of Albemarle, Vir ] [ ] [ ] [ ]
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
[University of Virginia Fo ] [ ] [ ] [ ]
Grantee Address (Name) [University of Virginia Foundation ]
(Address 1) [P.O. Box 400218 ]
(Address 2) [ ]
(City, State, Zip) [Charlottesville ] [VA ] [22904 ]
Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County ❑x [Albemarle County
Book [2712 ] Page [325 ]
Parcel Identification No (PIN) [07500-00-00-06300
Tax Map Num. (if different than PIN) [07500-00-00-06300
Short Property Description [UVA Foundation Golf Facility
[
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
] Percent. in this Juris
Instr. No [
[Albemarle County Attorney
[University of Virginia Foundation
[University of Virginia Foundation
[P.O. Box 400218
[Charlottesville
[ ]I
-------------------------------------------------
201700013093.002
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map Parcel 07500-00-00-06300
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between UNIVERSITY OF VIRGINIA
FOUNDATION, hereinafter called the "Owner," and the COUNTY OF ALBEMARLE,
VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter called the
"County."
RECITALS
R-1. The Owner is the fee simple owner of certain real property described as Albemarle County
Tax Map Parcel 07500-00-00-06300, as recorded in the Clerk's.Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 2712, page 325, 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, "MS4") jurisdictional area; and
R-4. The Site Plan/Subdivision Plat identified as UVA Foundation Golf Facility, was
approved and, in conjunction therewith, a Stormwater Management Plan, identified as UVA
Foundation Golf Facility — WPO-2017-00031, 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-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 et seq.), 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 County's MS4 jurisdictional area, 9VAC25-890-40 imposes additional
requirements, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through
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Albemarle County Code § 17-415 and this Agreement; and
R-7. 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-8. 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 collectivelN, 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
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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.
C. Maintenance schedule. The Owner shall maintain the Facilities in compliance with the
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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 § 54.1-460 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 1\,Iclntire Road,
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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.
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 -}Tear 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 hereby grants 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. PuMoses for Coun , 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 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 County's
demand for maintenance. The Owner shall comply ,,vnth 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 safety, the Owner shall complete corrective action as soon as practicable, but no
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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
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 sixty (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 storm-%vater
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 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
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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 Countv'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 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
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. Obligation 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, relaied to the Facilities, regardless of how those acts were performed
except if the County'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
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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.
WITNESS the following signatures:
OWNER:
UNIVERSITY OF VIRGINIA FOUNDATION
Tim R. Rose
Chief Executive Officer and Secretary
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF - A 164!rY Ciit 2
The foregoing instrument was acknowledged before me this 151-day of Woy-e'+n 6er ,
Z0 (1 by Tim R. Rose, Chief Executive Officer and Secretary, on behalf of University of Virginia
Foundation.
q Notary Public
My Commission Expires: 3I 201q
Registration Number:
LINDA MELISSA CARTER
Notary Public
Commonwealth of Virows
1�2e
My ComrtNsslon E1pirn 31, 2019
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
7
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201700013093.009
COUNTY OF
By: �
e?frey B. Richard
Cnty Executive
COMMONWEALTH OF VIRGINIA .
CITY/GO.0 N;fY OF 1�&?rlcHeSfli./le-
VIRGINIA
The foregoing instrument was acknowledged before me this e day of Duellq t ,
AL/Z by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia.
My Commission Expires: 96A.,30. �? ea
Registration Number:
Approved as to Form:
(�Im P- &A,,11 - 11-C-1-7
C my Attorney Date
Notary i /
,,\\����tG E.
NOTggy N�_
VBLIC i
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INSTRUMENT #201700013093
RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE
Nov 08, 2017 AT 03:36 pm
JON R. ZUG, CLERK by EMJ
BOOK 04981 PAGE 0778 - 00786
Version: 03/31/17