HomeMy WebLinkAboutWPO201600066 Agreement - SWM Maintenance 2020-04-2929WN s$ 6A?M RECORD COVER SHEET
Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249
FORM A —COVER SHEET CONTENT
Instrument Date: -A4/29/2020
InstrumentType:.A..G...........................................................
Number of Parcels: ....... 1 ....... Number of Pages:.......$....
[ ] City [X] County ALBEMARLE
.................................................................
CIRCUIT COURT
Tax Exempt? VIRGINIA/FEDERAL CODE SECTION
[ ] Grantor:
[X] Grantee:.1Tl-.266
Business/Name
X Grantor: _2246-2248. IVY ROAD LLC{ A VIRG
............ Grantor: .............................................................................
1.......... X Grantee: COUNTY OF,ALBEMARLE,, VIRGIN
Grantee:
Grantee Address
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
•GRI: nF (•IRCUIT �OI�RL
FILED rPA 29, 2020
AT 02:49 pm
BOOK 05308
START PAGE 0198
END PAGE 0206
INST # 202000004806
TOTAL NUM PAGES 0009
i
EMJ
(Area Above Reserved For Deed Stamp Only)
Name:.000NTY OF,ALBEMARLE, VIRGIN...I
.. A
....................................................................................................................................................
Address: 40 —MCINTIRE, ROAD ..........................................
City: CARLO.TT.E.S.V.L.LE ............................ State:.....VA.... Zip Code:.................22902...I.............. ._.___,_....
Consideration:.$0,00........................ Existing Debt: .$0,00............................. Actual Value/Assumed:..$.R!9Q ..........................
PR/OR INSTRUMENT UNDER § 58.1-803(D):
Original Principal: .$0•��............................ Fair Market Value Increase:$9•00.............................
Original Book No.:
Original Page No.:
Original Instrument No.:
Prior Recording At: [ ] City [X] County .......................................................... Percentage In This Jurisdiction: _100"/0.......,
Book Number: _42?1............... Page Number. ...779.............. Instrument Number:.........................
Parcel Identification Number/Tax Map Number: .9§000-00-00
........-0.3800........................... ......................... ............................................................
Short Property Description: _BEAVER.CREEK_MEDICAL.OFFICE,BUILDING
WPO-2019-00066
..............................................................................................................................................................................................
Current Property Address: 2246, ..
IVY C..REEK
..........................................................................................................................................................................
City: CHARLOTTESVLIE?2903
....................................................... .....4....poe:.............................
Instrument Prepared By: ALBEMARLE COUNTY CDD........ Recording Paid By:.17,1.-266 ..........................................................
Recording Returned To: CARLA ..H.ARRI.S ....................................................................
Address: .ALBEMARLE_COUNTY.COMMUNITY,DEV,.._ 401, MCINTIRE_ROAD_.-_NORTH,WING......................................
City: q"RLOTTESVILLE State: ..... YA.... Zip Code: .................. M92 ............
FORM CC-1570(MASTER, PAGE ONE OF ONE )ion9 Cover SheetA
® Copyright 2014 Office of the Exceutive Secretary. supreme Courtre of Virginia. All rights served.
f ��IY�IIIIIIIIIL' fi1I:�1I1Ya
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map Parcel 06000-00-00-03800
This agreement is exempt from Clerk's fees under l irozia Corte S 17.1-266
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between 2246-2248 IVY ROAD LLC. a
Virginia limited liability coyWM, 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 06000-00-00-03800, as recorded in the Clerk's Office' of the Circuit Court of
Albemarle County, Virginia, in Deed Book 527L page 779- hereinafter called the "Property"; and
R-2. The -Owner is proceeding to build on and'ilevelop the Property; and
R-3. The Property is within the County's Municipal Separate Storm Sewer System (hereinafter,
"MS4") jurisdictional area; and
R-4. The Site Plan/Subdivision Plat identified as Beaver Creek Medical Office Building, was
approved and, in conjunction therewith, a Stormwater Management Plan, identified as Beaver
Creek Medical Office Building — WPO-2019-06066- 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
Stormwatei 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 -tern maintenance'of the permanent
stormwater management facilities and/or other techniques required to serve the Property and, for
WIP49i8i1i1i8Lf ific1(1I8RI
those facilities within the County's MS4 jurisdictional area, 9VAC25-890� imposes additional
requirements, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through
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 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 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 allapplicable 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 ate not limited to maintaining, repairing, replacing,
reconstructing, preserving, and restoring the Facilities or any part thereof necessary to comply with
2
202000004806.004
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).
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 § 54.1-400 et seg.;
(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 stotmwater, 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
202000004806.005
submit the Inspection Report and any other requested inspected documentation to the Director,
Albemarle County Department of Facilities and Environmental Services,j401 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.
F. Section 3 satisfied if County conducts inspection in M 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-year period beginning and ending on the anniversary of the date of this Agreement
fast 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. Purposes for County 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 requited 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 CoUnJ3 ;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
4
202000004806.006
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
later than seven (7) days after discovery; (i) 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; (ii) 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 tern "control measure" means any best management practice or stormwater
facility, or other method used to minimise 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 Pmperty 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
5
IMY4111111111L'1.11141111 A
no event shall this Agreement be construed to impose any such obligatio i 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
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. Timelypavm_ent 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 Cotmty. The County may collect any amount not timely reimbursed by
the Owner in any manner authorized by law and may place a lien 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, related 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
v
`MP411818111IL'f i1Ii�1I11.3
9. References to County departments and officets: 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.
U. 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:
C1110W
2246-2248 IVY ROAD LLC, a Virginia limited liability company
BY: T er Enterprises Management Company, LLC, Its Manager
John H. Thier
Manager
COMMONWEALTH OF VIRGINIA
CIT CCI JNT F f1i4 inno—
The foregoing instrument was acknowledged before me this f O! day of
ZOZD by John H. Thier, Manager, on behalf of Turner Enterprises Management Company, LLC,
Manager of 2246-2248 Ivy Road LLC, a Virginia limited liability company.
No blic
My Commission Expires: � 202
Registration Number. 31 oci 50t
<i.,. P=meta C. Graves
h Comr�c.^.:•re.=,hh of Virginia
1 - aoniic
"r My Ccnms;wr, Ercires 4/30@021
,•VN Comrnumv--_..
Notary Public
Commission No. M059
hSv Ccmmisslnn
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
7
202000004806.009
i
COUNTY OF ALBEMARLE, VIRGINIA
By: (;14,"�
J ey B. Kichardson
County Executive
COMMONWEALTH OF VIRGINIA
CITY/E6 4�+ OF CAA-VTlfZ>0tLLF—
The foregoing instrument was acknowledged before me thisa4' day of Nr. l
7AIO by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia.
L.1C o
NAary Public
My Commission Expirest' rw+- ?A. D 13
Registration Number: CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATION p 7153762
EM
MMONWEALTH OF VIRGINIA
Y COMMISSION EXPIRES
OCTOBER 31, 2023
Approved as to Form:
Q A
zl I
County UAttorney Date
INSTRUMENT p 202000004806
RECORDED ALBEMARLE CO CIRCUIT COURT CLERKS
Apr 29, 2020 AT 02:49 pm
JON R. ZUG, CLERK by EMJ
BOOK OS308 PAGE 0198 - 00206
8