HomeMy WebLinkAboutSDP201900072 Agreements 2021-06-11Jul' I . , :�tiMMORKUkTH ZIO
AlbemarleCounty of
AGREEMENT made this w day of % P 2021 between
2246-2248 Ivy Road. LLC. a Virginia limited liability company and WEST END SHOPS -
EAST, LLC. a Virginia limited liability company.
The parties agree as follows:
1. Scope and Description. The above -named parties are owners of adjacent
properties in the county of Albemarle. By this agreement, the parties agree to share
responsibility for use, operation, and maintenance of one (1) ten (1QLyard
commercial dumpster to be picked up on a regular basis by either Rem lic Services
Inc or Waste Mgml. Said dumpster shall be located on the property of WEST END
SHOPS- EAST LLC. It shall be maintained pursuant to the provisions of the County
of Albemarle Municipal Code.
2. Schedule. The parties agree that at the time of this agreement the dumpster shall be
picked up three (31 time(s) per week. The day(s) will be M W F . This pick-up
schedule may be revised if necessary as agreed upon by 2246-2248 Ivy Road. LLC and
WEST END SHOPS- EAST. LLC.
3. Payment. WEST END SHOPS- EAST. LLC will be responsible for billing
and payment to the waste management company. 2246-2248 Ivy Road. LLC
will reimburse WEST END SHOPS- EAST. LLC for the incremental cost of
two (2) dumpster pickups per week. Any extra garbage collected will be
charged to WEST END HOPS- EAST LLC. If necessary, either party may
request an extra pick up, and the incremental cost of the extra pickup will be
split evenly by both parties.
2246-2248 Ivy Road. LLC will pay for the construction and installation of the
dumpster enclosure for one (1) 10 yard dumpster
4. Code Violation. The parties are bound by the provisions of the County of
Albemarle Municipal Code and both parties will be immediately notified of any
violations of this Code, including but not limited to, dumping of toxic, hazardous or
dangerous materials, congested dumpster bin area, and improper dumpster
maintenance.
5. Change of Ownership. The County of Albemarle Finance Department must be
notified prior to any change of ownership of either business. This Agreement is valid
only between the current owners and any subsequent owners will be required to
execute a new agreement.
6. Dama2es, Maintenance and Repair. If it becomes necessary or desirable to repair
or rebuild the whole or any part of the dumpster enclosure, the costs for maintenance,
repair or rebuilding shall be bome equally by the parties. Any repair of damages,
maintenance, general repairing or rebuilding of the dumpster enclosure shall be on the
same location and of the same size as the original enclosure or portion thereof, and of
the same or similar material of the same quality as that used in the original enclosure or
portion thereof, unless specifically authorized in writing by the Public Works
Administrator in charge of the Solid Waste Division. Should the dumpster bin or
dumpster enclosure be damaged by act or omission of either party, the repairs or
rebuild shall be made at the parry's expense.
7. Term. The Agreement is effective as of the date specified in paragraph 1. It may be
terminated by either party on thirty (30) days prior written notice, a copy of which shall
be submitted to the County of Albemarle. If this agreement is terminated by WEST
END SHOPS -EAST, LLC, within ten (10) years of the signing of this agreement, then
WEST END SHOPS -EAST, LLC will reimburse 2246-2248 Ivy Road LLC for the cost
of the dumpster enclosure, depreciated at 10% per year.
8. Modification. Any modification of the Agreement or additional obligation
assumed by either party in connection with this agreement shall be binding only if
evidenced in writing signed by each party or an authorized representative of each party,
with approval by the County of Albemarle.
9. Notices. Any notices by the County to the parties may be sent to the addresses
for each party listed above.
In witness wh of each party to this agreement has caused it to be executed at the
Cc Albe le, o the date indicated above.
Ja�mes W. (Jeep) Newman Jr ,�Da
�EaT END SHOPS -EAST, LLC
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John Thier
2246-2248 Ivy Road, LLC
Date
County of Albemarle Approver Name: Date