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HomeMy WebLinkAboutWPO202000003 Agreement - SWM Maintenance 2020-03-30e4R€� L%RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1.223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date:. 3 W209q ............................................. Instrument Type:. ASa........................................................... Number of Parcels: ....... 1........ Number of Pages: ....... 0 ....... ALBEMARLE [ ]City [X] County ...... ............ ......................... I...I................. CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION [ ] Grantor: ...................................................................................... [X] Grantee: 17.1-?6§ Business/Name �.......... Grantor: .MOSS,, 4AMES.ROGERS ............................... ................. Grantor:............................................................................. .....1.......... X Grantee: COUNTY.OF ALBEMARLE, VIRGIN ................. Grantee:............................................................................ Grantee Address Name: Address: 407, MCINTIRE. ROAD ..................................................... City:. gHARLOTTESVILLE ............................ State: ..... MA..... RECORDEDIN MARLE COUNTY, VA JON R. ZUG FILED Mar 30, 2020 AT I 03:20 pm BOOK START 05294 PAGE 0436 END PAGE 0444 INS I # 202000003532 TOTAL NUM PAGES 0009 Zip Code: ................22902_(.......... Consideration: .$0,00........................ Existing Debt:.$.0,00............................. Actual ValueiAssumed:..$.P.PQ .......................... PRIOR INSTRUMENT UNDER § 58.1-803(D): Original Principal:.$0•00........................... Fair Market Value Increase:.$...:..... f Original Book No.: ........................................ Original Page No.:........................................ Original Instrument No.:.......................... Prior Recording At: [ ] City [X] County .ALBEMARLE ......................... Percentage In' This Jurisdiction: AW/I.,...... Book Number:. !§4............... Page Number:... 577............. Instrument Number: .......... .............. EMJ Reserved For Deed Stamp Only) Parcel Identification Number/Tax Map Number: Short Property Description: Current Property Address: .?5j j..AVINITY.DRIVE............................................ City:. CHARLOTTESVILLE ............................ State: ..... VA..... Zip Code: Instrument Prepared By: ALBEMARLE.COUNTY CDD....... Recording Paid By: Recording Returned TO:.CARLA_MARRIS ................................................................................... Address: City: CHARLOTTESVILLE State: .... .VA..... Zip Code: FORM CC-1370 (MASTER, PAGE ONE OF ONE )10/19 0 Copyright 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights merved. COver Sheet A 202000003532.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map Parcel 09000-00-00-035LO 17tis agreement is exempt. from Clerk's fees wider Yugirea Code § 17.1-266 AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AGREEMENT is entered into by and between JAMES ROGERS MOSS, hereinafter called the "Owner," and the COUNTY OF ALBEMARLE, VIRGINIAi, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County." RECITALS I R-1. The Owner is the fee simple owner of certain real property desai i ed as Albemarle County Tax Map Parcel 09000-00-00-035L0, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4454, page 577, hereinafter called the "Property'; and s R-2. The Owner is proceeding to build on and develop the Property; and t 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 2511 Avinity Drivewas approved and, in conjunction therewith, a Stormwater Management Plan, identified as 2511 Avinity Drive — WPO- 2020-00003hereinafter 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 watt r quality treatment of stortmvater within the confines of the Property; and R-5. The Plan and the land disturbing activity related thereto are subjeI ct to the Virginia Stormwater Management Act (Virginia Code § 62.1-44.15:24 el seq.), as ui n lemented 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 maintenancelof the permanent stormwater management facilities and/or other techniques required to serf a the Property and, for those facilities within the County's MS4 jurisdictional area, 9VAC25-890-40 imposes additional Version: 6132019 202000003532.003 requirements, and the County implements 9VAC25-870-112 and 9V. Albemarle County Code § 17-415 and this Agreement; and R-7. For those facilities within the County's MS4 jurisdictional area, addresses, in part, the County's obligations under Minimum Control Mew construction stormwater management) in the Albemarle County 5-Year N. Program Plan; and R-8. Albemarle County Code § 17-415 requires that permanent on -sit facilities and/or other techniques, as shown on the Plan, including all pipe convey stormwater to and from the facilities, all structures, berms, inlet at areas, filtration media, and forested and open space areas (which are consi nonstructural technique to meet stormwater management requirements),1 quantity and quality of the stormwater, access roads, and any other impro, proper functioning of the Facilities (hereinafter, "stormwater managemen techniques" are referred to individually as a "Facility" and collectively the constructed and adequately maintained by the Owner in perpetuity. In consideration of the foregoing premises, the mutual covenants con following terms and conditions, the parties hereto agree as follows: 390-40 through s Agreement also re Number 5 (post- 4 General Permit and stormwater management and channels built to outlet structures, pond ered to be a 1 to control the that may affect the es and other ies') be herein, and the 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 I 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 i anner that meets or exceeds the maintenance standards proirided herein, subject to the followting: 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 accoidance with the plans and specifications identified in the Plan, including all conditions imposed in coinjunction 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 ofthis 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. 2 Version: 6/132019 202000003532.004 C. Maintenance schedule. The Owner shall maintain the Facilitii s 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 I Facilities inspected to ensure that the Facilities are in good working condition, subject to the Following-. I A. Who may insert 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 el 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 huspscted. 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 shallbe documented on a I 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 deficienciesjcausing 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. The Owner shall submit the Inspection Report and any other requested inspected documentation to the Director, Version: 6(132019 1 202000003532.005 Albemarle County Department of Facilities and Environmental Services, Charlottesville, Virginia 22902 or a successor department, office and addr County to the Owner. The Owner shall provide the Inspection Report to thirty (30) days after completion of the inspection. F. Section 3 satisfied if County conducts inspection in anyy obligation to have the Facilities inspected and to submit an Inspection Re be deemed to be satisfied in any inspection period in which the County ct 1 McIntire Road, s delineated by the e Department within tr. The Owner's Irt under Section 3 shall 3ucts an inspection under Section 4 and as provided in Albemarle County Code § 17-811. G. Inspection Period defined. For the purposes of this Agreem Int, inspection period means the one-year period beginning and ending on the anniversary of theidate of this Agreement first hereinabove written. 4. Permission to the County to inspect the Facilities. The Ownerihereby 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 necel sary, 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 prior notice to the Owner to enter the Property to conduct the inspectior C. InsRection findings and demand for maintenance. The C Owner with a copy of the findings of its inspection of the Facilities. If th1 maintenance of any of the Facilities is required, the County also shall pro, demand that the Owner maintain the Facilities and the date by which the completed. 5. The Owner's response to the Inspection. the Inspection ReI demand for maintenance. The Owner shall comply with the following: A. Corrective action. If the inspection identifies the need for a completed as follows: (i) if the Albemarle County Engineer determines, it failure to implement the corrective action creates an imminent or potentc be required to provide shall provide the ction concludes that the Owner with a work must be action, it shall be sole discretion, that imminent threat to the Version: &13Q019 202000003532.006 public health or safety, the Owner shall complete corrective action as soon later than seven (7) days after discovery; (ii) if an inspection identifies a F'ac practicable, but no y 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 I discovery or a longer period alloxved in writing by the County Engineer; (w) 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 -water 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 thel inspection conducted by the County under Section 4 identifies Facility deficiencies, the Owner shallpromptly 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. RiQht of the County to enter _the Proper o 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 ider Report under Section 3 or the inspection conducted by the County under following: A. No right to erect permanent structures: exceptions. The "whatever steps necessary" shall not be construed to allow the County to permanent nature on the Property unless: (1) the structure is required to c perform their design functions; or (2) it is a structure to house equipment and any fencing related thereto. B. County not obligated to maintain the Facilities. It is exprl agreed that the County is under no obligation to repair or otherwise main no event shall this Agreement be construed to impose any such obligatioi in the Inspection in 4, subject to the inty's right to take ct any structure of a ire that the Facilities monitor the Facilities understood and the Facilities, and in on the County. Version: 6/13/2019 202000003532.007 7. Right of the County to charge the Owner for its costs of maintenance. obligation of the Owner to reimburse the CounIX If the County performs any maintelnance work on the Facilities under Section G, 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 fast 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_pa_ment. The Owner shall reimburse the County for the costs identified in the Counq's written demand within thirty (30) days after the date of the written demand. C. Collection by County. The County may collect any amount n tt 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: J A. No County liability. This Agreement imposes no liability of ainy kind whatsoever on the County, including its agents, officers and employees. B. Obligation of the Owner to indemnify and hold harmless.lThe Owner shall indemnify and hold harmless the County, including its agents, officers andlemployees, for any and all damages, accidents, casualties, occurrences or claims which might arise or be asserted against the I 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 is 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. reference in this Version: N13/2019 A2000003532.008 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 rep 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: UP COMMONWEALTH OF VIRGINIA/ - CI /COUNTY OF f,AA4,lo_4d- AV1 I l e The foregoing instrument was acknowledged before me this e,Gti , 1AQ by lames Rogers Moss, Landowner. My Commission Expires:--14P2L Registration Number: '1?7fp37 L SIGNATURES CONTINUE ON THE 7 ent or office as :d by the County in the stitute a covenant 1, executors, assigns, :iation. been entered into by the ule County Executive. day of S M-0 ago ......., ,41+, , ' 2 ZZOUtfJSO •'•.�Y �'• a : S3NIdK'1 •5 chi NWS1Wv4W An i i rtssue,r.q 1 �f78nd 40t AW1AN ;=2 i x i xwx+'w .OWING PAGE Version: 61132019 202000003532.009 COU OF AL /�MARLE, IRGINIA By. //LI: J f ey B., Richardson County Executive COMMONWEALTH QF VIRGINIA CITY/`'^�voidii OF Ike. The foregoing instrument was acknowledged before me thisW day of fYl n 'MQ by Jeffrey B. Richardson, County Executive, on behalf of the Board df Supervisors of Albemarle County, Virginia. No ary Public My Commission Expires: C>1-.31 aU2.5 Registration Number -.'I I 1513'lio2z Approved as to Form: ' Cut} tto ey Dat INSTRUMENT # 202000003532 RECORDED AL13EMARLE CO CIRCUIT COURT CLERICS OFFICE Mar 30, 2020 AT 03:20 pm JON R. ZUG, CLERK by EMU BOOK 05294 PAGE 0436 - 00444 Version: 611Y2019