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HomeMy WebLinkAboutWPO201800095 Agreement - SWM Maintenance 2020-03-09202000002648.001 VIRGINIA LAND RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1,-249 FORM A — COVER SHEET CONTENT Instrument Date: ..3 WZQA0 ................................................ Instrument Type:. ASa........................................................... Number of Parcels:...... 1....... Number of Pages: ....... 9 ....... [ ] City [X] County ALBL ................................EMAR.................E................ CIRCUIT COURT Tax Exempt? VIRGBVIA/FEDERAL CODE SECTION [ ] Grantor: ...................................................................................... [X] Grantee: TA-266 .................................................................. Business/Name ORDEDIN ;LE COUNTY, VA N R. ZUG FILEDI I Mar 09, 2020 AT 03:32 pm BOOK 05286 START PAGE 0091 END PAGE 0100 INST # i 202000002648 TOTAL NUM PAGES 0010 �.......... X Grantor: ,SOUTH_PANTOPS11 LAND TRUST .................................................... I-- ................. I Grantor:............................................................................. (A1 ..... 1.......... X Grantee: COUNTYOF_ALBEMARLExVIRGI� ................. Grantee:............................................................................ Grantee Address Name:.COUNTY OF ALBEMARLE VIRGINIA Address: 401, MCINTIRE_ROAD ................................................................................................................. City: CMRLOTTESVLLE.................. Stte:.....VA.... Zip Code:.................229( Consideration: $0.00........................ Existing Debt:$0.00............................. Actual Val PRIOR INSTRUMENT UNDERt§ 58.1-803(D): e Original Principal:. APP........................... Fair Market Value Increase: ..Y.0.0q........................... Original Book No.: ........................................ Original Page No.:........................................ Origin Prior Recording At: [ ] City [X] Count y .......................... Percentage Book Number: _1069............... Page Number:.._ 499 ............. Instrument Number:..... Parcel Identification Number/Tax Map Number:.97800-00-00-0.2000 ............................ Short Property Description: THE_VISTAS,AT SOUTH_PANTOPS.................................... Current Property Address: N/A.......................................................................... ............................... City:_qMPARLOTTESVILLE ............................ State: ..... Vi4.... Zip Code: ................... 22 Instrument Prepared By: ALBEMARLE._COUNTY_CDD_...... Recording Paid By: Recording Returned To:.CARLA HARRIS.................................................................... Address: AIT..Vx,_.01_MGINTI M City; !;"RLOTTES.V LLE State: ..... Vi4..... Zip Code: EMJ Above Reserved For DeedSramp Only) . $ 0.0 0.......................... Instrument No.: This Jurisdiction- .100%........ FORM CC-1570 (MASTER, PAGE ONE OF ONE )Iw19 Cover Sheet A C Copyright 2014 Ogee of the Executive S"mary, Supreme Court of Virginia, All rights reserved. 202000002648.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map Parcel07800-00-00-02000 This agreement is exempt from Clerk's fees under Kjginia Code § I7.1-266 AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTi THIS AGREEMENT is entered into by and between SOUTH PA pursuant to the terms and conditions of a certain Land Trust Agreerr as amended, hereinafter called the "Owner," and the COUNTY OF a political subdivision of the Commonwealth of Virginia, hereinafter RECITALS R-1. The Owner is the fee simple owner of certain real property d Tax Map Parcel 07800-00-00-02000, as recorded in the Clerk's Office ER TECHNIQUES 'OPS II LAND TRUST, dated September 16, 1981, BEMARLE, VIRGINIA, :d the "County." ribed as Albemarle County the Circuit Court of Albemarle County, Virginia, in Deed Book 1069. Dage 499, hereinafter called the "Property"; and R-2. The Owner is proceeding to build on and develop the Property; and R-3. The Property is within the County's Municipal Separate Storml Sewer System (hereinafter, " NIS4") jurisdictional area; and R-4. The Site Plan/Subdivision Plat identified as The Vistas at South Pantoos, was approved and, in conjunction therewith, a Stormwater Management Plan, idend6ed as The Vistas at South Pantops-WPO-2018-00095, 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 si Stormwater Management Act (Virginia Code § 62.1-44.15:24 el req.), as Chapter 17, Water Protection, of the Albemarle County Code; and R-6. 9VAC25-870-112 and Albemarle County Code § 17-415 requ to enter into this agreement in order to ensure the long-term maintena Stormwater management facilities and/or other techniques required to to the Virginia in part by the Owner and the County : of the permanent ve the Property and, for Version: 6h 312019 202000002648.003 those facilities within the County's MS4 jurisdictional area, 9VAC25-89 -40 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 areal this Agreement also addresses, in part, the County's obligations under Minimum Control Mlasure Number 5 (post - construction stormwater management) in the Albemarle County5-Year! MS4 General Permit and Program Plan; and R-8. Albemarle County Code § 17-415 requires that permanent o1 facilities and/or other techniques, as shown on the Plan, including all convey stormwater to and from the facilities, all structures, berms, inh areas, filtration media, and forested and open space areas (which are c nonstructural technique to meet stormwater management requiremen quantity and quality of the stormwater, access roads, and any other im proper functioning of the Facilities (hereinafter, "stormwater manage techniques" are referred to individually as a "Facility" and collectively constructed and adequately maintained by the Owner in perpetuity. In consideration of the foregoing premises, the mutual covenants following terms and conditions, the parties hereto agree as follows: 1. Obligation of the Owner to construct the Facilities. The protect the Facilities that are required to be constructed, and shall do Virginia Stormwater Management Act plans and specifications identif 2. Obligation of the Owner to maintain the Facilities. The C Facilities in good working condition for so long as the Facilities exist, exceeds the maintenance standards provided herein, subject to the fol :e stormwater management es and channels built to ad outlet structures, pond idered to be a provided to control the vement that may affect the a facilities and other "Facilities") be ntained herein, and the ner shall construct and in accordance with the in the Plan. ner shall maintain the a manner that meets or 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 a Icordance 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 ty the Albemarle County Engineer (hereinafter, the "County Engineer'. B. "Maintain and maintenance" defined. For the "maintain" and "maintenance" include, but are not limited to reconstructing, preserving, and restoring the Facilities or any part of this Agreement, ig, repairing, replacing, f necessary to comply with Version: 61I M2019 202000002648.004 the plans and specifications identified in the Plan. C. Maintenance schedule. The Owner shall maintain the maintenance schedule in the approved Plans as required under 403(A)(5). D. Professional engineer may be required to direct work. in compliance with the County Code § 17- County Engineer may require that specific maintenance work be performed under the directioh 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 cot following: A. Who may inspect the Facilities. The Facilities shall be upon written demand by the County Engineer by a person who: (1) is engineer, architect, landscape architect, or land surveyor pursuant to N (2) works under the direction and oversight of the licensed profession landscape architect, or land surveyor referenced in subsection (A)(I); 1 appropriate certificate of competence from the State Water Control B B. What must be inspected. The inspections shall be condt requirements of 9VAC25-870, et seq. or as that section is hereafter an C. When inspections shall be conducted. The Facilities sh the approved Plans or by the County Engineer. D. What documents must be maintained. The inspection form provided by the County Engineer and shall be completed to the Engineer (hereinafter, the "Inspection Report"). At a minimum, the h as applicable, the date of the inspection, the name of the inspector, a 1 all pipes and channels built to convey stormwater to and from the fac: inlet and outlet structures, pond areas, filtration media, forested and o to control the quantity and quality of the stormwater, access roads, an may affect the proper functioning of the Facilities, a list of all deficiet to be in good working condition, including all control measures not o control measures that are inadequate, a list of required maintenance w the Facilities are restored to good working condition, and the date by will be performed. E. To whom and when an Inspection Report must be su 3 iition, subject to the meted by the Owner or tensed as a professional ginia Code § 54.1-400 et seq.; engineer, architect, (3) who holds an rd. ed according to the ided. be inspected as specified in all be documented on a tisfaction of the County pection Report shall provide, scriotion of the condition of s, all structures, berms, space, vegetation provided y other improvement that causing the Facilities not ring effectively and all to be performed so that :h the maintenance work The Owner shall Version: 6/13/2019 202000002648.005 submit the Inspection Report and any other requested inspected docur to the Director, Albemarle County Department of Facilities and Environmental Service's, 401 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 any year. The Owner's I 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 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 i Pon 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 required to provide prior notice to the Owner to enter the Property to conduct the inspectil n. 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 pi ovide 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 with the following A. Corrective action. If the inspection identifies the need fora corrective action, it shall be completed as follows: (i) if the Albemarle County Engineer determines, in their sole discretion, that 4 11 version: 6/13/2019 202000602648.006 failure to implement the corrective action creates an imminent or pot 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; (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 pe I od allowed in writing by the County Engineer. The term "control measure" means any best manage facility, or other method used to minimize the discharge of pollutants o restrict or alter the hydraulics of stormwater flow and discharge. B. Maintenance. If the Inspection Report under Section 3 or the County under Section 4 identifies Facility deficiencies, the Owner s maintenance work by the date specified in the Inspection Report or as When the maintenance work is completed, the person performing or di to the County that the Facilities are in good working condition. 6. Right of the County to enter the Property to maintain the 1 to maintain the Facilities in good working condition as required by Sect timely maintenance work as required by Section 5, the County, includin employees, may enter upon the Property and take whatever steps neces into good working condition and to otherwise correct all deficiencies is Report under Section 3 or the inspection conducted by the County unc following: lent practice or stormwater State waters, or otherwise inspection conducted by promptly complete the landed by the County. the work shall certify If the Owner fails in 2 or fails to complete its authorized agents and Lry to bring the Facilities ratified in the Inspection Section 4, subject to the 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 Ito 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 equipm Int to monitor the Facilities and any fencing related thereto. B. County not obligated to maintain the Facilities. It is agreed that the County is under no obligation to repair or otherwise understood and the Facilities, and in Version: 6/13/2019 202000002648.007 no event shall this Agreement be construed to impose any such 7. Right of the County to charge the Owner for its cos the County. 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' i 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, sublject 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 mall to the addless to which County real property tax bills are mailed or to another address provided by the Ow ier to the County. B. Timely payment. The Owner shall reimburse the County fir 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 I r 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 h Iw those acts were performed except if the County's acts are the product of willful misconduct; or th I Facilities' existence. C. Notice of and defense of actions. If a claim is asserted agl test the County, including its agents, officers and employees, based upon any of the indemnities i I 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 and fees associated with the judgment. tJ damages, costs, expenses ' Ve17.1 rnon 6n 72019 202000002648.008 9. Agreement to a County department or office includes its successor dep determined by the County. 10. Covenant running with the land. This Agreement shall be rei Clerk's Office of the Circuit Court of Albemarle County, Virginia, shall running with the land, and shall be binding on the Owner, its administr heirs and any other successors in interests, including any homeowners' 11. Date of this Agreement. This Agreement shall be deemed to I parties and shall be effective on and after the date it is signed by the All WITNESS the following signatures: OWNER: SOUTH PANTOPS II LAI terms and conditions of a cer dated September 16, 1981, as Charles Wm. Hurt Trustee COMMONWEALTH OF VIRGINIA E-ITWCOUNTY OF Mbtm o c_ Any reference in this rtment or office as xded by the County in the :onstirute a covenant tors, executors, assigns, ssociation. the been entered into by the 2marle County Executive. TRUST, pursuant to the Land Trust Agreement ende / The foregoing instrument was acknowledged before me this LS►^ day of `_"' UWI , 2020 by Charles Wm. Hurt, Trustee of the SouthlPantops II Land Trust, pursuant to the terms and conditions of a certain Land Trust Agreement dated September 16, 1981, as amended. My Commission Expires: NL .331.201J Registration Number: 10 1062- Notary Public SIGNATURES CONTINUE ON THE 7 GAIL BREEDEN WATKINS NOTARY PUBLIC REG. A101082 ;OMMONWEALTH Of VIRGINIA :OMMISSION EXPIRES MAY 31, 2021 PAGE Version: 6/132019 202000002648.009 OWNER: SOUTH PANTOPS II LA terms and conditions of a cet dated September 16, 1981, as Shirley L. Trustee COMMONWEALTH OF VIRGINIA EiTY/COUNTY OF MbgMa VI P TRUST, pursuant to the Land Trust Agreement The foregoing instrument was acknowledged before me this M','M day of Ffuh I 20 by Shirley L. Fisher, Trustee of the South Pantops II Land Trust, pursuant o the terms and conditions of a certain Land Trust Agreement dated September 16, 1981, as amended. My Commission Expires:dLp 1, 2 Registration Number: Notary Public SIGNATURES CONTINUE ON THE 0 GAIL BREEDEN WATKINS NOTARY PUBLIC IREG. 0101082 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31, 2021 PAGE Version: 611312019 202000002648.010 COUNTY OF B. Richardson Executive COMMONWEALTH OF VIRGIN LA CITY/GQ4N41tOF hamlcAr--- 3ikko The foregoing instrument was acknowledged before me this Qpby Jeffrey B. Richardson, County Executive, on behalf of the I Albemarle County, Virginia. Public My Commission Expires:C7rk. '31/ aM6 L. Registration Number: '1 1 52Y1k5a A REGISTRP 91 COMMONWE MYCOMM Approved as to Form: r� D 02 20.20 Coun Lorne Date INSTRUMENT p 202000002648 RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S Mar 09, 2020 AT 03:32 pm JON R. ZUG, CLERK by EMJ BOOK 05286 PAGE 0091 - 00100 day of M as C IN I of SupervE ors of F VIRGINIA EXPIRES Version: 6/132019