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Home My WebLink AboutWPO201900002 Bond Release Erosion Control Plan 2020-02-07Z-- rj - 2-o w COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 EROSION CONTROL PERFORMANCE BOND RELEASE PROJECT NAME: Cil-f S: }Qa ono, /Skcic� �'/�� dYUl�v/f?�aG�„7 —US✓Ll jO PLAN/PERMIT NO.: '("JPo 2piq 0000A DATE: f �f U20 This project has been satisfactorily completed and the erosion control performance bond may be released at this time if all re -inspection and annual maintenance fees invoiced have been paid. Erosion Control Inspector DEQ Termination Date r N/A Community Development Department All fees invoiced on the above project have been collect ., 7A Director of Co munity Developme ounty ngineer o -,7-/0' Date Cc: Ana Kilmer Revised:07/03/2018 STOCKPILE AGREEMENT This Stockpile Agreement ("Agreement") is entered into as of December 27, 2018, by and between Ja-Zan LLC, a Virginia limited liability company ("Owner"), and Burlcigh Construction a corWration ("Contractor"). Co., Inc. WHEREAS, Contractor has requested permission to stockpile soil on a portion of Owner's property, which property is shown on the Albemarle County, Virginia (the "County") tax maps as Tax Map Parcel _ (the "Property"); and 046t'4-00-00-00400 WHEREAS, Owner is willing to grant such stockpile rights pursuant to the terms of this Agreement. NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: I. In conjunction with the execution of this Agreement, Contractor will provide Owner with a Stockpile Drawing and Stormwater Operational Control Drawing approved by the County (collectively, the "Drawings"). The Drawings and the Certificate of Insurance (as defined below below), must be approved in writing by Owner before Contractor places any materials on the Property or Contractor otherwise disturbs the Property. 2. Contractor agrees to pay Owner, without notice, demand or setoff, a monthly fee of $500.00 (the "Fee") for Contractor's use of the Stockpile Area (as defined below), which shall be payable in advance at Owner's address below on the first (P) day of each calendar month during the term of this Agreement (the "Term"). The Fee shall not be prorated for any partial month during the Term. 3. Effective upon the date (i) Owner gives Contractor written notice that Owner has approved the Drawings and the Certificate of Insurance and (ii) Owner has received payment of the first installment of the Fee, Contractor is hereby granted the right to stockpile soil within the designated portion of the Property shown on the Drawings (the "Stockpile Area"), but only in strict accordance with the terms and conditions of this Agreement. Contractor shall ensure that only soil needed for its construction on property adjacent to the Property (the "Construction Site") is stockpiled on the Property and that such stockpile (and the ingress and egress thereto) is located is within the Stockpile Area. No portion of the Stockpile Area shall be used as a waste disposal area by Contractor or its subcontractors or suppliers o for any other purpose not expressly provided for herein. 4. Contractor acknowledges and agrees to comply with the following rules, as the same may be reasonably amended from time to time by Owner with written notice to Contractor: (i) all erosion control items on the Drawings shall be maintained by Contractor and no sediment, contaminants, trash, tools, machinery, stored goods, or other materials shall be allowed outside of the Stockpile Area; (ii) Contractor shall ensure that all requested uses are described and shown on the Drawings; (iii) any violations, sanctions, fines, discharges or damage to any streets, utilities, vegetation or property will be the sole responsibility of the Contractor; (iv) any violation is subject to fines imposed on the Contractor by the applicable governing authority and Owner; (2381540-1,113019-00001-03� 1 (v) by the close of business each day, Contractor shall cause all streets and sidewalks to be clear of all vehicles, materials and equipment related to Contractor's construction, as well as any related debris, refuse, and sediment; and (vi) any fluids discharged (such as leaking vehicle fluids) shall be cleaned and mopped immediately by Contractor in accordance with Contractor's SWPPP, and Contractor shall immediately notify Owner of the incident. 5. This Agreement and the rights granted to Contractor herein shall terminate upon the first to occur of (i) completion of construction on the Construction Site, (ii) upon thirty (30) days' written notice of termination from Owner, or (iii) upon five (5) days' written notice from Owner that Contractor has breached this Agreement and Contractor fails to cure such breach within such five (5) day period as reasonably determined by Owner. Upon termination of this Agreement, Contractor shall promptly restore the Stockpile Area to the condition that existed in all respects prior to Contractor's activities, unless otherwise agreed in writing by Owner prior to the termination of this Agreement. In the event Contractor fails to restore the Stockpile Area as required, Owner may upon written notice to Contractor cause such restoration to be performed and Contractor agrees to pay Owner on demand the cost of such restoration plus a management fee of ten percent (10%). Contractor's representations, warranties and obligations under this Agreement shall survive the termination of this Agreement for the later of (i) a period of two (2) years or (ii) until all environmental remediation activities resulting from Contractor's activities in the Stockpile Area have been completed as determined by the applicable governing authority. 6. Contractor agrees to indemnify and hold harmless Owner, its members, officers, managers and affiliates, for any damages to the Stockpile Area, as well as any and all claims, losses, and expenses, including attorney's fees and litigation costs, that Owner may incur arising out of or related to Contractor's use of the Stockpile Area, including any acts or omissions of any employee, agent, subcontractor, supplier, or other third party responsible for the placement of materials, hazardous or otherwise, on or near the Stockpile Area. In the event that any court were to conclude that this indemnity provision is unenforceable as written, the parties agree that the indemnity rights conferred herein in favor of Owner shall be as broad and protective as then permitted by applicable law. 7. Contractor agrees that Owner shall be added as an additional insured to Contractor's commercial general liability insurance policy covering the Stockpile Area, and that a certificate of insurance confirming such coverage and status must be provided to Owner to comply with the provisions of paragraphs 1 and 3 hereof. Such coverage and status must remain in place at all times during the term of this Agreement. 8. Contractor agrees that if it violates the terms of this Agreement, Owner may proceed to secure from a court having jurisdiction an injunction requiring enforcement of this Agreement as monetary damages alone will not fully protect Owner's property interest in the Stockpile Area. If such an action is deemed by Owner as necessary, Contractor agrees to accept service of any filed complaint by mail, courier or email, and shall promptly in writing confirm receipt and acceptance of service upon receipt. If Contractor fails to so acknowledge such service, Contractor will be responsible for all costs incurred by Owner in effectuating service pursuant to Virginia law. At Owner's discretion, rights to indemnity and injunctive relief provided in exchange for Conti -actor's use of the Stockpile Area shall extend to any damages, (2381540-1,113019-00001-03) 2 losses, or expenses Owner may incur as a result of Contractor's improper or unauthorized activities on the Property. 9. Should any mechanic's lien be filed against the Property by a subcontractor or laborer working under Contractor or any supplier of materials or equipment being used as part of Contractor's construction, Contractor shall arrange for the lien to be bonded off pursuant to law within ten (10) days of written demand from Owner. If Contractor does not bond off the lien within said ten (10) days, Owner may do so and recover from Contractor all costs incurred, including attorney's fees and expenses. 10. All notices hereunder shall be in writing and be deemed to have been received (i) immediately upon personal delivery, (ii) one (1) business day after being sent by confirmed overnight courier, or (iii) three (3) days after mailing, if mailed by certified mail, return receipt requested, postage prepaid to the recipient's address below. All notices to Owner must also be delivered to Owner's counsel, Woods Rogers PLC, at 123 East Main Street, 5"' Floor, Charlottesville, Virginia 22902. 11, No determination by any court or other governmental authority that any provision of this Agreement is invalid or unenforceable in any instance shall affect the validity or enforceability of (i) any other provision of this Agreement or (ii) such provision of this Agreement in any circumstance not controlled by such determination. Each provision of this Agreement shall be valid and enforceable to the fullest extent allowed by, and shall be construed whenever possible as being consistent with, all applicable laws. 12. The foregoing recitals are incorporated into this Agreement as if fully set forth herein. This Agreement contains the entire agreement among the parties, may not be modified orally or in any manner other than by an agreement in writing signed by Owner and Contractor. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. This Agreement may not be assigned by Contractor. This Agreement is binding on and for the benefit of the heirs, legal representatives, successors and permitted assigns of the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original, and together which shall constitute one and the same instrument. For purposes of execution and delivery of this Agreement, a signature by any party which is delivered by such panty to the other party by facsimile or by electronic mail transmission shall be binding upon the delivering party as an original signature to this Agreement. [SIGNATURE PAGE FOLLOWS] t2381540-1,113019-00001-03) 3 [STOCKPILE. AGREEMENT SIGNATURE PAGE] WITNESS the following signatures and seals. CONTRACTOR: Purleigh con";truce ion Co , inC, B Name: i;f A(i Title: Address: Post Office Wx 289 Concord, Virginia 24538 OWNER: Ja-Zan LLC, a Virginia li By: 2 Name: Title: Manager 12381540- l , 113019-00001-03 } 4 r m