HomeMy WebLinkAboutSDP201900049 Review Comments Final Site Plan and Comps. 2020-03-18Cameron Langille
From: Richard Nelson <rnelson@serviceauthority.org>
Sent: Wednesday, March 18, 2020 1:28 PM
To: Mitchell Bowser
Cc: Kenneth Owen; Cameron Langille
Subject: RE: Berkmar Drive Apartments - Service Agreement
Attachments: Berkmar Drive Apartments Sewer Agreement (ACSA draft) - 1676466_3.pdf
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Mitch,
Below are comments on the draft agreement:
Change the memorandum time from 30 days to 45 days.
Revise the first sentence of section 3 to the following; "3. The ACSA shall have no obligation to allow the connection of
residential dwelling units to the sewage collection system or provide additional sewage capacity to the Project when
90% of the capacity of the sanitary sewer system serving the Project is reached."
Also the numbering of sections jumps from 1 to 3, skipping 2. All the sections are there, but should be numbered
correctly.
Thanks,
Richard Nelson
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, Virginia 22911
(434) 977-4511
From: Mitchell Bowser <Mitchell.Bowser@timmons.com>
Sent: Thursday, March 5, 2020 12:50 PM
To: Richard Nelson <rnelson@serviceauthority.org>
Cc: Kenneth Owen<kennetho@breedenconstruction.com>; Cameron Langille <blangille@albemarle.org>
Subject: RE: Berkmar Drive Apartments - Service Agreement
Richard,
For ACSA and their counsel's review, I've attached a draft Sewer Agreement for the Berkmar apartment project. Please
coordinate with all interested parties on your end for review. I'd like to request an anticipated schedule for when we
may receive feedback on the agreement.
Thanks,
Mitch Bowser, PE
Senior Project Manager
TIMMONS GROUP I www.timmons.com
1001 Boulders Parkway, Suite 300 1 Richmond, VA 23225
Office: 804.200.6485 1 Cell: 804.837.8217
mitchell.bowser(aDtimmons.com
Your Vision Achieved Through Ours
From: Richard Nelson <rnelson@serviceauthority.org>
Sent: Wednesday, February 5, 2020 4:20 PM
To: Mitchell Bowser <Mitchell.Bowser@timmons.com>
Subject: FW: Berkmar Drive Apartments - Service Agreement
Mitch,
I have attached a word document of a sewer agreement for edit. The Word Document may have had some edits done
to it, but should get your attorney started. I recommend referencing the executed agreement when editing.
Thanks,
Richard Nelson
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, Virginia 22911
(434) 977-4511
From: Jeremy Lynn <jlynn@serviceauthority.org>
Sent: Wednesday, February 5, 2020 4:15 PM
To: Richard Nelson <rnelson@serviceauthority.org>
Subject: RE: Berkmar Drive Apartments - Service Agreement
Probably need to compare this version to the executed version.
Jeremy M. Lynn, P.E.
Senior Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, Virginia 22911
(434) 977-4511
From: Richard Nelson <rnelson@serviceauthority.ore>
Sent: Wednesday, February 5, 2020 3:57 PM
To: Jeremy Lynn <jlynn@serviceauthority.org>
Subject: FW: Berkmar Drive Apartments - Service Agreement
Jeremy,
Do we have a word document for the airport sewer agreement that I can forward to Timmons for their attorney to
draft?
Thanks,
Richard Nelson
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, Virginia 22911
(434) 977-4511
From: Mitchell Bowser <Mitchell.Bowser@timmons.com>
Sent: Monday, February 3, 2020 5:08 PM
To: Richard Nelson <rnelson@serviceauthority.org>
Cc: Cameron Morgan <Cameron.Morgan@timmons.com>
Subject: Berkmar Drive Apartments - Service Agreement
Richard,
Circling back to the Berkmar Apartment sewer item as we're striving to resolve the review and obtain plan approval, I
wanted to discuss this service agreement mentioned in the latest comments. Do you have time tomorrow for a call, say
at 10? The attached was the example agreement provided, but I think based on what we've discussed over the last
several months, a lot of the conditions laid out in here may not be applicable to this particular project.
Thanks,
Mitch Bowser, PE
Senior Project Manager
TIMMONS GROUP I www.timmons.com
1001 Boulders Parkway, Suite 300 1 Richmond, VA 23225
Office: 804.200.6485 1 Cell: 804.837.8217
mitchell.bowser(c�timmons.com
Your Vision Achieved Through Ours
This Agreement dated this day of F r r , 2020, by and
between the ALBEMARLE COUNTY SERVICE AUTHORITY, a public body politic and
corporate ("ACSA") and ,BERKMAR APARTMENTS. LLC. a Virginia
limited liability company ("Owner");
WITNESSETH:
A. The Owner is the owner of that certain parcel of land located in Albemarle
County, Virginia, containing in the aggregate —17JM acres, and identified on the
current tax maps of Albemarle County, Virginia as Tax Map Parcel
3 2 - 5 4 (the "Property"),,
B. The Owner is developing the Property into a multifamily residential
community, which is zoned for two hundred sixty-one (261) residential
dwelling units (the "Project"), which is the subject of a site plan application
identified by Albemarle County as SDP. 201900001 (the "Site Plan").
C. The parties hereto desire to memorialize certain agreements prior to the ACSA
issuing its approval for the Site Plan to Albemarle County.
D. The ACSA provides sewer service to the Property through an 8-inch diameter
sewer located along Berkmar Drive. The sewer main flows south into the Forest
Lakes residential area where it meets the Airport Trunk Sewer. The Airport Trunk
Sewer was designed to serve a commercial/industrial area, the Deerwood residential
area and the Charlottesville -Albemarle Airport. The Airport Trunk Sewer servicing
the Property was designed for a peak flow of 960,000 gallons per day (gpd),
calculated on then existing zoning for the area to be served. The ACSA's sewer
system serving the Property is shown on the attached Exhibit A.
E. As a result of the re -zoning of the Property, that occurred on July 14. 1993.
sanitary sewage flows from the properties served by the Trunk Sewer may
exceed the capacity of the Airport Trunk Sewer and existing sanitary sewer
capacity downstream. The ACSA is willing to allow residential units on the
Property to connect to the sewage collection system, provided the Owner
^enters into this Agreement with the ACSA to recognize the potential
need to -expand or replace ]portions of the existing sewage collection system to meet
the Pr-opefty's f,wr-e wastewater- need serying the Property if the connection of
such residential units will exceed the capacity of such system at the time of
connection as contemplated by this Agreement.
AGREEMENT
NOW THEREFORE, for and in consideration of the above premises, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
the parties, the parties hereto agree as follows:
1
1-1676466.3
The Owner will develop the Project in identifiable phases. Prior to commencement of
each phase of the Project, the Owner shall submit to the ACSA the number and type of
units proposed to be constructed in such phase. Within sifthirty (6QO) days of the
submittal, the ACSA agrees to issue an advisory memorandum that provides the
following information, including, but not limited to, information concerning other
approved site development plans in place upstream of the Project: (a) the current
capacity of the sewage system prior to deva the connection of that phase of
the Project, and (b) projections of the capacity of the sewage system upon completion
of that phase of the Project.
1) The ACSA agrees that the Owner may
Continue to connect the Project='s residential units to the
sewage collection system andt-o r e c e i v e sewer service until 90% of capacity
of the sanitary sewer system serving the Project is reached. The ACSA, in its
sole discretion, will determine when 90% of the capacity is reached.
3) The ACSA shall have no obligation to previdea l l o w t h e
connection of additional h to the Pr-ojee�sewage
collections system when 90% of the capacity is reached in the aewer
collection system tem serving the ProiW. At that time, additional
sewer service may not be available for the Project until a replacement sewer or
expanded sewer is constructed to ACSA specifications, and the new or expanded
sewer is accepted by ACSA under its then existing terms and conditions. This
agreemea Agreement in no way obligates the ACSA to bear any costs of construction
of any necessary improvements for the Project.
4) All customers served by the new sewer shall be customers of the ACSA
and shall pay all then applicable ASC ACSA rates, fees and charges, including, but not
limited to, sewer connection fees and system development fees, except as specifically
provided herein. Further, all customers served through the Project shall be subject to all
applicable ACSA Rules and Regulations. Nothing in this Agreement is intended to
preclude the ACSA from operating within constraints which are now imposed or which
may be imposed by any governmental body, agency or authority, without any legal
liability to the ACSA. Further, nothing in this Agreement will obligate the ACSA to
previfleallow connections for new sewer service to the Project if inadequate capacity then
exists at facilities and sewers downstream from the Project.
5) This Agreement in no way constitutes a vested interest for planning
and zoning purposes. This Agreement in no way affects the ACSA's "first come
first served" wastewater allocation policy. This Agreement does not constitute a
vested interest to the Owner for sewer service to the Project by ACSA.
6) Any notice required herein shall be mailed to the ACSA and the
Owner by certified mail, return receipt requested, or by express mail to:
Albemarle County Service Authority
ATTN: Gary O'Connell, Executive Director
168 Spotnap Road,
2
I-1676466.3
Charlottesville, Virginia 22911
Berkmar Apartments. LLC
Attn: Manager
560 Lvnnhaven Parkway
Virginia Beach, Virginia 23452
If the Owner conveys portions of the Property to others, who in turn will develop
residential units on the Property, the Owner shall designate, in writing to the ACSA, one
person to receive notice hereunder during the term of this Agreement.
7) This Agreement contains the entire understanding of the parties hereto with
respect to the subject matter contained herein. There are no restrictions, promises,
warranties, covenants or undertakings other than those expressly set forth herein. This
Agreement supersedes all prior agreements and understanding between the Owner and the
ACSA with respect to the subject matter hereof. This Agreement may not be amended
except by a writing executed by all parties hereto.
8) No waiver of any default by the Owner or the ACSA with respect to this
Agreement shall act as a waiver of any subsequent default.
9) This Agreement and the terms set out herein shall run with the land and shall
inure to the benefit of and be binding upon the heirs, executors, administrators, successors
and assigns of the ACSA and the Owner.
10) Venue for the purposes of resolving any legal dispute shall be the Circuit Court
of the County of Albemarle, Virginia. This Agreement shall be interpreted under the laws of
the Commonwealth of Virginia.
11) This Agreement may be executed in any number of counterparts for the
purposes of convenience but this Agreement shall not be effective until executed by
all parties.
[Remainder of age intentionally left blank. Counterpart signature Rages follow.l
I-1676466.3
WITNESS the following signatures and seals:
ALBEMARLE COUNTY SERVICE AUHORITY
By: (SEAL)
Gary O'Connell, Executive Director
STATE OF VIRGINIA
COUNTY/CITY OF , to wit:
The foregoing instrument was acknowledged before
. 2020. by Gary O'Connell in hi
Director, on behalf of the Albemarle County Service Authority.
Notary Public
My Commission Expires:
Notary Registration No.:_
s
me this day of
capacity as Executive
4
I-1676466.3
BERKMAR APARTMENTS, LLC. a Virginia
limited liability company
By: Berkmar Manager. LLC, its Manager
BX:-- (SEAL)
Terry M. Marshall
Vice President
STATE OF VIRGINIA
COUNTY/CITY OF to wit:
The foregoing instrument was acknowledged before me this day of
by 2020, Terry
M. Marshall. as Vice President of Berkmar Manager. LLC, as the Manager of
Berkmar Apartments. LLC. on behalf of the comma.
Notary Public
My Commission Expires:
Notary Registration No.:_
I-1676466.3
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interwovenSite://wsdms/I/1676466/1
Description
#1676466v1 <1> - Berkmar Drive Apartments Sewer
Agreement (ACSA draft)
Document 2 ID
C:\NRPortbl\I\GDL\1676466 3.docx
Description
C:\NRPortbl\I\GDL\1676466 3.docx
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