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HomeMy WebLinkAboutWPO202000051 Stormwater Management Maintenance Agree. 2021-06-1428NXR RECORD COVER SHEET Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249 FORM A — COVER SHEET CONTENT Instrument Date:., 6 / 14 / 2 0 21 ............................................ Instrument Type: AP ............................................................. Number of Parcels: ....... 1....... Number of Pages:...._10.._.__ [ ] City DI County ALBEMARLE .............................................. CIRCUIT COURT Tax Exempt? VIRGINIA/FEDERAL CODE SECTION . [)C] Grantor: .. I .. 7...........1-266 .............................................................................. [)(] Grantee: . 17.1-266 ............................................................................................. Business/Name 1 X Grantor:.COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY ........................................................................................................... .2 X Grantor: BOYS 6 GIRLS CLUBS OF CENTRAL VIRGINIA ............................................................................................................ ........1...... X Grantee: COUNTY OF ALBEMARLE, VIRGINIA ..................................................................................... ................. Grantee:................................................................................................_.... Grantee Address Name: COUNTY OF ALBEMARLE, VIRGINIA ............................................................................................................... Address: _401 .MCINTIRE ROAD .................................................................................................... City: ClA OTTESVILLE VA ............................................................. State:............ Consideration...$o..00 Existing Debt: So.00 PRIOR INSTRUMENT UNDER § 58.1-803(D): RECORDED ALBEMARLE COU IN JON R. ZUG TY, VA —�LE61S OF 1Gn1� I IOT FILED Jun 14, AT 2021 BOOK 01:29 pm START PAGE 0 END PAGE 0335 56 0345 INST# 202100010436 TOTAL NUM PAGES 11 MES _ (Area Above Reserved For ueeu .,.,.,np Only) Zip Code:-22902 ............................... Actual Value/Assumed:-$o..00............................ Original Principal: __5O --00.......................... Fair Market Value Increase: ........................................... Original Book No.: ........................................ Original Page No.:........................................ Original Instrument No.:............................................ Prior Recording At: [ ] City [X] County .ALBENARLE Percentage In This Jurisdiction: ,,loos Book Number:.287.?�� .................. Page Number: ..9.19............... Instrument Number: Parcel Identification Number/Tax Map Number: _o6DO0.-oo-oo-o78Ao Short Property Description: ,BOYS , AND. GIRLS CLUB - DRIVER'S ED SITE .................................................................................. WP02020-00051 Current Property Address: N/A City: ..C..H...A...R...L..0... ..T . .T . ..E SA 2..............VILLE ..................................... State:......V........... Zip Code:.........2902 ....................................... Instrument Prepared By: ALB.EMARLE COUNTY. CDD Recording Paid By: yA„CODE 17.1-266 Recording Returned To: ALBEMARLE COUNTY CDD ............................................................................................................................................................ Address:. .l .MCINTIRE RD - NORTH WING ....................................................................................................................................................................... City: CHARLOTTESVI LLE VA 22902 State: ....... ... ....... ZipCode:............................................... FORN CC-1570 (MASTER, PAGE ONE OF ONE I to/19 O Copyright 20140Rcc of the Executive Secretary, Supremc Court of Virginia. All rights reserved. Cover Sheet A 202100010436.002 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID No. 06000-00-00-078AO This agreement is exempt from Clerk's fees wider Viginia Code § 17.1-266 AGREEMENT TO MAINTAIN STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES THIS AGREEMENT is entered into by and between COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, hereinafter called the "Owner," and BOYS & GIRLS CLUBS OF CENTRAL VIRGINIA, hereinafter called the "Tenant," 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 Parcel ID No. 06000-00-00-078A0, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 287.1age 414, hereinafter called the "Property"; and R-2. The Tenant is currently occupying a portion of the Property pursuant to a certain 40-year Deed of Lease dated June 13, 2019, as amended by a First Amendment effective August 6, 2020. R-3. The Owner and/or Tenant is/are proceeding to build on and develop the Property; and R-4. The Property is within the County's Municipal Separate Storm Sewer System (hereinafter, "MS4") jurisdictional area; and R-5. The Site Plan/Subdivision Plat identified as Boys and Girls Club - Driver's Ed Site, was approved and, in conjunction therewith, a Stonnwater Management Plan, identified as Boys and Girls Club - Driver's Ed Site — VSMP — WPO-2020-00051, 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-6. The Plan and the land disturbing activity related thereto are subject to the Virginia Stormwater Management Act (Virginia Code § 62.1-44.15:24 ei seg.), as implemented in part by Chapter 17, Water Protection, of the Albemarle County Code; and Version: 2/2/2021 202100010436.003 R-7. 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 maintenance of the permanent stormwater management facilities and/or other techniques required to serve the Property and, for those facilities within the County's MS4 jurisdictional area, 9VAC25-890-40 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-8. 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-9. 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 to construct the Facilities. The Oxcmer shall construct and protect (or cause the Tenant and/or any successor tenant(s) to 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 to maintain the Facilities. The Owner shall maintain (or cause the Tenant and/or any successor tenant(s) to 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 worldng 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 all applicable standards, as determined by the Albemarle County Engineer . Version: 2/2/2021 202100010436.004 (hereinafter, the "County Engineer'). B. "Maintain and maintenance" defined. For the purposes of this 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. C. Maintenance schedule. The Owner shall maintain (or cause the Tenant and/or any successor tenant(s) to 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 Rem. The Owner shall have (or cause the Tenant and/or any successor tenant(s) to 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 either the Owner or (as applicable) the Tenant and/or any successor tenant(s), 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 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 stormwater, 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 Version: 2/2/2021 NO& 1811111 [ill 191MG1817 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 ate 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 submit (or cause the Tenant and/or any successor tenant(s) to submit) the Inspection Report and any other requested inspected documentation to the Director, Albemarle County Department of Facilities and Environmental Services, 401 McIntire Road, Charlottesville, Virginia 22902 or a successor department, office and address delineated by the County to the Owner or (as applicable) the Tenant and/or any successor tenant(s). The Owner shall provide (or cause the Tenant and/or any successor tenant(s) to 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 obligation of the Owner or (as applicable) the Tenant and/or any successor tenant(s) 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 Coin to inspect the Facilities. The Owner and Tenant hereby grant percussion 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 or Tenant not required. The County shall not be required to provide prior notice to the Owner or Tenant to enter the Property to conduct the inspection. C. Inspection findings and demand for maintenance. The County shall provide the Owner or (as applicable) the Tenant and/or any successor tenant(s) with a copy of the findings of its 4 Version: 222021 202100010436.006 inspection of the Facilities. If the inspection concludes that maintenance of any of the Facilities is required, the County also shall provide the Owner or (as applicable) the Tenant and/or any successor tenant(s) with a demand that the Owner maintain (or cause the Tenant and/or any successor tenant(s) to maintain) the Facilities and the date by which the maintenance work must be completed. 5. The response to the Inspection. the Inspection Report or the County's demand for maintenance. The Owner shall comply (or cause the Tenant and/or any successor tenant(s) to comply) with the following: A. Corrective action. If the inspection identifies the need for a corrective action, it shall be completed as follows: (t) if the Albemarle County Engineer determines, in their sole discretion, that failure to implement the corrective action creates an imminent or potentially imminent threat to the public health or safety, the Owner shall complete (or cause the Tenant and/or any successor tenant(s) to 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 (or cause the Tenant and/or any successor tenant(s) to 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 measurable storm event; if implementation before the next anticipated measurable 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 stormwater 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 the inspection conducted by the County under Section 4 identifies Facility deficiencies, the Owner shall promptly complete (or cause the Tenant and/or any successor tenant(s) to 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 Property to maintain the Facilities. If the Owner or (as applicable) the Tenant and/or any successor tenant(s) 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 Version: 2/2/2021 202100010436.007 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 no event shall this Agreement be construed to impose any such obligation on the County. 7. Right of the County to charge for its costs of maintenance,• obligation of to reimburse the Coup . If the County performs any maintenance work on the Facilities under Section 6, it will charge for 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 (or cause the Tenant and/or any successor tenant(s) to 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. Timely payment. The Owner shall reimburse (or cause the Tenant and/or any successor tenant(s) to 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 County. The County may collect any amount not timely reimbursed by the Owner or (as applicable) the Tenant and/or any successor tenant(s) 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 to indemnify and hold harmless the County. The following shall apply to this Agreement: A. No Coun1y Lability. 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. To the extent permitted by Version: 2/2/2021 202100010436.008 law, the Owner, the Tenant, and any successor tenant(s)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. Nothing herein shall be deemed a waiver of any party's sovereign immunity. 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 or (as applicable) the Tenant and/or any successor tenant(s) of the claim. The Owner shall defend (or cause the Tenant and/or any successor tenant(s) to defend), at its expense, any lawsuit or other action arising therefrom. To the extent permitted by law, 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 (or cause the Tenant and/or any successor tenant(s) to reimburse) all damages, costs, expenses and fees associated with the judgment. Nothing herein shall be deemed a waiver of any party's sovereign immunity. 9. References to County departments and officers; 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, the Tenant, their administrators, executors, assigns, heirs and any other successors in interests, including any homeowners' association. 11. 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: SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 2/2/202I 202100010436.009 TENANT: BOYS & GIRLS CLUBS OF CENTRAL VIRGINIA gamd=e L6, Aies Pierce f Executive Officer COMMONWEALTH OF VIRGINIA CITY/COUNTY OF /j(hek The foregoing instrument was acknowledged before me this / Mday of 14* 7021 by James Pierce, Chief Executive Officer, on behalf of Boys & Girls Clubs of Central Virginia, Tenant. Notary Public My Commission Expires: W I M Xn?�l a��p Registration Number: —1 12 2A 4 5 [AIIETA :DITNA ROMEROREG S79 2945MMONOF YIRGINIAYC XPI ES SIGNATURES CONTINUE ON THE FOLLOWING PAGE Veaw 2/2/2021 202100010436.010 OWNER: OF ALBEMARLE COUNTY, VIRGINIA P. Letteri r of Building Services COMMONWEALTH OF VIRGINIA CITY/COUNTY OF AL-�� The foregoing instrument was acknowledged before me this I 4Mday of Zu► v— Z_ by Joseph P. Letteri, Director of Building Senvices, on behalf of Count), School Board of Albemarle County, Virginia. Notary Public My Commission Expires: IZ 3f Zb Registration Number: 7aZ00TZ SIGNATURES CONTINUE ON THE FOLLOWING PAGE Version: 2/22021 202100010436.011 B. Richard: Executive COMMONWEALTH OF N7IRGINIA CITY/61944N- Y OF &r Ic')AQsV i l l� VIRGINIA The foregoing instrument was acknowledged before me this Lie& of SU/lfc aoai by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia. My Commission Expires:D . 3 .va3 Registration Number:-11t23-Ib'a Approved as to Form: 4 � '/9 2021 County Attorney Date y No • ry Public CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION N 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2023 INSTRUMENT a 202100010436 RECORDED ALB,MARL CO AT CIRCUIT T C29 KT CLERICS OFFICE PM JON R. ZUG, CLERK by MEB BOOK 05556 PAGE 0335 •00345 10 Version: 2/2/2021