HomeMy WebLinkAboutSUB202100106 Agreements 2021-11-30200
V RECORD COVER SHEET
Commonwealth of Virginia VA. CODE §§ 17.1-223,-227.1, -249
FORM A— COVER SHEET CONTENT
Instrument Date:._10/5/2021
...............................................
Instrument Type: Ag.............................................................
Number of Parcels: ....... 1....... Number of Pages:..... i 2..
[ ] City [X] County . ALBEMARLE.....................
CIRCUIT COURT
Tax Exempt? VIRGfNIA/FEDERAL CODE SECTION
[ ] Grantor:
[X] Grantee: .171-266
.....................
Business/Name
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
FILED Nov 03, 2021
AT 01:24 pm
BOOK 05634
START PAGE 0600
END PAGE 0611
INST # 202100018387
TOTAL NUM PAGES 12
MEB
(Area Above Reserved For Deed Stamp Only)
X
Grantor:
NORTH .POINTE
CHARLOTTESVILLE, LLC
..........................................................................................................................................................................................................
..... ... z......
X
Grantor:
NORTH_
POINTE HOMEOWNER'S ASSOCIATION, INC.
...._.. 1......
X
Grantee:
COUNTY
;OF ALBEMARLE, VIRGINIA
.......................................................................:..........................................................................................................................
Grantee:
Grantee Address
Name: COUNTY .OF ALBEMARLE, VIRGINIA
...........................................................
901 MCINTIRE ROAD, RM. 325
Address:
............................................. I ..............................
City:. CHARLOTTESVILLE ......................................................... State: Stte:...VA..Zip Code: ...............................
Consideration:. so-.00 Existing Debt: so :oo so:00
.......................... Actual Value/Assumed:.................
PRIOR INSTRUMENT UNDER § 58.1-803(D)
Original Principal:.$"... 0........................... Fair Markel Value Increase: .$.0. .0.............................
Original Book No.:_5432 ............................ Original Page No.: 396. ............................... Original Instrument No.: ...........
Prior Recording At: [ ] .City [X] County ALBEMARLE g 100�
Percentage In This jurisdiction:
Book Number: .593?................ Page Number: ... 396
...... Instrument Number: . 2 .. 0 . 2 . 0 .. 0 .. 0 . 0 . I .. 7 . 0 . 6 . 0 ..........
Parcel Identification Number/Tax Map Number-..03200-00-00-02300
............................................................
Short Property Description: . PEDESTRIAN TUNNEL MAINTENANCE AGREEMENT
...........................................................................................................
TMP 32-23
Current Property Address: _SEMINOLE _TRAIL & NORTHSIDE DR -
........................................... ............................... ............................................. :.......................................................................................
City:.CHARLOTTESVILLE.................................... State:.....°A...... Zip -Code: 22911.................................7
Instrument Prepared By: ALBEMARLE COUNTY ATTORNEY Recording Paid By: ALBEMARLE COUNTY ATTORNEY
.........:...............................................................................
Recording Returned To: ALBEMARLE COUNTY ATTORNEY
................... ................................................................................ .................... ............................. :..........................................................
:.......
Address: _401 MCINTIRE ROAD, RM. 325
...............................................................................................................................................................................................................
City: . CHARLOTTESVILLE
.........................................
State: ... ... . .... Ztp Code:...22902
...................................,........
FORM CC-1570(MASTER, PAGE ONE OF ONE I1)/I9
® Copyright 2014 Office, , of the Executive Secretary, Supreme Coon of Virginia. All rights reserved.
*Cover Sheet A
202100018387.002
Tliis document was prepared by:
Great Eastem Mgt Co.
P.O. Box 5526
Charlottesville, VA 22905
Parcel ID Number 03200-00-00-02300
Thus instrument is exempt From Clerk's tees under Vhguua Code § 17.1-266.
AGREEMENT TO MAINTAIN PEDESTRIAN TUNNEL
THIS AGREEMENT, dated this S577 day of 04afflKIZ—, 20—�—, is entered into
by and between NORTH POINTE LLC, a Virginia limited liability company
("Developer") and NORTH POINTE HOMEOWNER'S ASSOCIATION, INC., a Virginia non -stock
corporation ("HOA"), collectively hereinafter called die "Owner," and the COUNTY OF
ALBEMAiL.E, VIRGINIA, a political subdivision of die Commonwealth of Virginia, hereinafter
called die "County."
RECITALS
R-1. Owner is the owner of certain real property described as Albemarle County Parcel ID
Number 03200-00-00-02300 (die "Property"); and
R-2. Owner is proceeding to build on and develop die Property into a development known as
"North Pointe"; and
R-3. As part of die development of die Property, die Owner has agreed to install a 10' x 8' high
box culvert to serve as a pedestrian tunnel, or grade separation structure (die "Tunnel"), which will
ultimately be maintained by the HOA, under die road identified on die Plan (as deluied below) as
"Nordiside Drive," which will ultimately be maintained by die Commonwealth of Virginia,
Department of Transportation ("VDOT"); and
R4. The Tunnel is required pursuant to die proder statement for ZMA 2013-0007 (North Pointe
Proffer Aniendinent), dated August 5, 2013 (hereinafter called die "Plan"), which is expressly made a
part hereof, as approved or to be approved by die County, and which provides for certain
improvements on die Property; and
R5. As a condition of permitting die Tunnel under Nordiside Drive, VDOT is requiring die
County to enter a certain "Agreement for die Inspection and Maintenance of die Grade Separated
Structure of Nordiside Drive and the North Pointe Greenway Trail, Albemarle County" (the WDOT
Agreement", a true copy of which is attached hereto and incorporated herein as Exhibit A), in which
die County is agreeing to assume responsibility for die Tunnel; and
1
202100018387.003
R-6. As a condition of entering die required VDOT Agreement, the County requires that die
Owner assu ne all County obligations, responsibilities, and liabilities under die VDOT Agreement;
and
R 7. As part of the ongoing approval of the North Pointe development on die Property, including
die Plan and any additional plans or phases of tie Plan that may be approved by die County in the
future, die County further requires that die Tunnel, including die concrete culvert and all supporting
infrastructure necessary to allow sale and convenient passage of pedestrians under Northside Drive, all
structures, berms, drainage structures, and any other unprovement that may affect die proper functioning
of die Tunnel (collectively, die "Facilities") be constructed and adequately maintained by die Owner in
perpetuity.
In consideration of die foregoing premises, die mutual covenants contained herein, and die
following terms and conditions, die parties hereto agree as follows:
1. Obligation of the Owner to construct the Fatalities. The Owner must construct and protect
any required Facilities in accordance hhith die plans and specifications identified in die Plan and as
shown on that certain plan entitled "North Pointe Subdivision Section 1 Road Plans," prepared by
Townes Site 1 ngineering and last revised November 12, 2020.
2.Obligation of the Owner to maintain the Facilities. The Owner must maintain the Facilities in
good working condition for so long as die Facilities exist, in a manner that nheets or exceeds die
maintenance standards provided herein, subject to die following:
A. "Good working condition" defined. For die purposes of this Agreement, a Facility is in
"good working condition" when it performs its design function in accordance with die plans and
specifications identified in die Plan, including all conditions imposed in conjunction with approval
of die Plan.
B. "Maintain and maintenance" defined. For the purposes of this Agreement, "maintain"
and "maintenance" include (butare not limited to): maintaining, repairing, replacing, reconstructing,
preserving, and restoring die Facilities or any part thereof necessary to comply with the plans and
specifications identified in die Plan.
3. Inspections and the Inspection Report by the Owner. At least once per year following
completion of the construction of die Facilities, the Owner must have the Facilities inspected to ensure
that the Facilities are in good working condition. The Owner's inspection report to die County must
include, at a nhinimwn: die date of die inspection, the name of die inspector, a description of die
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202100018387.004
condition of the concrete culvert and all structures, bernis, inlet and outlet structures, and any other
improvenhent that may affect the proper functioning of the Facilities, a list of all deficiencies causing
the Facilities not to be in good working condition, if any, a list of required maintenance work to be
performed so that the Facilities are restored to good working condition, and die date by which die
maintenance work will be performed (the "Inspection Report"). Upon written request from die
County, die Owner must submit die Inspection Report and any other requested 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 as specified by
die County to the Owner. The Owner must provide the Inspection Report to die Department widhin
thirty (30) days of such request.
4. Permission to the County or VDOT to inspect the Facilities. The Owner hereby grants
pernnission to die County and to VDOT, including its authorized agents and employees, to enter die
Property and to inspect the Facilities whenever the County or VDOT deems an inspection to be
necessary, subject to the following terms:
A. Purposes for County/VDOT inspection. The County and VDOT may inspect die
Facilities for die purpose of determining die condition of die Facilities including (but not limited to)
determining whether die 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. Neither die County nor VDOT is required to
provide prior notice to die Owner to enter die Property to conduct die inspection.
C. Inspection findings and demand for maintenance. The County and/or VDOT will provide
die Owner w2tn a copy of die findings of its/their inspection of die Facilities. If die inspection
concludes that maintenance of any of the Facilities is required, die County and/or VDOT also will
notify die Owner of die required maintenance and die date by which die maintenance work must be
completed.
5. The Owner's response to the Inspection. the Inspection Report or the County's or VDOT's
demand for maintenance. If die Inspection Report under Section 3 or die inspection conducted by
die County and/or VDOT under Section 4 identifies Facility deficiencies, die Owner must promptly
complete die maintenance work by die date specified in the Inspection Report: or as demanded by
die County or VDOT. VVlhen die maintenance work is completed, a qualified inspector retained by
3
202100018387.005
Owner must certify to die County and VDOT that the Facilities are in good working condition.
6.Obligation of the Owner to indemnify and hold harmless the County.
A. Owner Performance under the VDOT Agreement The Owner hereby assumes all
obligations, responsibilities, and liabilities of the County under die VDOT Agreement.
B. No County liability. Tlus Agreement imposes no liability of any kind whatsoever on the
County, including its agents, officers and employees.
C. Obligation of the Owner to indemnify and hold harmless. The Oiv ier hereby indemnifies
and holds 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 (a) the VDOT Agreement or (b) die
failure of die Facilities to perform their design Function or to otherwise operate properly; any repairs,
maintenance, construction, or any other acts perfornied by the County or die Owner, including their
respective agents, officers and employees, related to die Facilities, regardless of how those acts were
performed, except if die County's acts are die product of willful misconduct.
D. Notice of and defense of actions. If a claim is asserted against the County (including its
agents, officers and employees) based upon any of die indemnities in subsection (C), the County will
promptly notify the Owner of die claim. The Owner must defend, at its expense, any lawsuit or other
action arising dherefrom. If, as a result of a claim, any judgement is allowed against die County, its
agents, officers and employees, or any of diem, the Owner must pay all damages, costs, expenses and
fees associated with die judgment.
7. References to County deyartments and officers: successors. Any reference in this Agreement
to a County department or office includes its successor department or office as determined by fire
County.
8. Covenantrunningwith the land. This Agreementhvill be recorded by die County in the Clerk's
Office of die Circuit Court of Albemarle County, Virginia. It constitutes a covenant running with die
land, and is binding on die Owner, its administrators, executors, assigns, heirs and any other
successors in interests, including any homeowners' association.
9. Date of this Agreement This Agreement will be deemed entered into and effective on and
after die date it is signed by die Albemarle County Executive.
4
KIYA 1810191 E:i9I:YA8111:1
WITNESS the following signatures:
3
NORTH POINTE CHARLOTTES LLC
avid G Mitchell
Title: �H :qebv�r —A—
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF b&rY1a 1i
The foregoing instrument was acknowledged before me this day of Dja22L ,
20.97 by David G. Mitchell asCa%7Vueh6.IdA,owral North Pointe Charlottesville, LLC, a Virginia
limited liability company.
otary Public
My Commission Expires: 3 ! -off
Registration Number:4 u3_ lq_0,__
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Christine Schlottenmaler
Notary Publio -
Commonwealth of Virginia
Reg.M7039993
My Commission EyPires March 31, 2022
5
f IYA1810191I:i9I:YA811YA
NORTH POINTE HOMEOWNER'S
ASSOCIATION, INC.
By(L)
DaN id G. Mitchell, President
COMMONWEALT VIRGINIA
CITY/COUNTY 02=6 —:
The foregoing instrument was acknowledged before me this (O day of Oc,
20/-')] by Dairid G. Mitchell, as President of Nordi Pointe Homeowner's Association, Inc.,
Virginia non -stock corporation.
otary Public
My Commission Expires:— -31 —a
Registration Number:U�_
Christina Schlottenmaier
Notary public
Commonwealth of Vlrglnla
Reg. H7039983
My Commission Expires March 31, 2022
10YA 1818111
COUNTY OF ALBEMARLE, VIRGINIA
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLO'ITESVILLE
The foregoing instrument was acknowledged before me this l- day of October, 2021, by Douglas
C. Walker, Deputy County Executive.
Notary Pu is
My commission expires: dc4-. 31 a 0 a3
Notary.Registration Number: rj 1537 b2
Approved as to Form:
CHERYL L. SKEEN
NOTARY PUBLIC
REGISTRATIONN7153762
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
OCTOBER 31. 2023
QCV, .4 -7(2t)x-f
County torney Date
202100018387.009
* EXHIBIT A
AGREEMENT FOR THE INSPECTION AND MAINTENANCE
OF THE GRADE SEPARATED STRUCTURE OF NORTHSIDE DRIVE
AND THE NORTH POINTE GREENWAY TRAIL, ALBEMARLE COUNTY
THIS AGREEMENT FOR INSPECTION AND MAINTENANCE ("Agreement") is made as of the date last
signed below, by and between the County of Albemarle (the "County"), and the Commonwealth of
Virginia, Department of Transportation (the "Department" or "VDOT");
WHEREAS, the County has a greenway trail known as the North Pointe Greenway Trail (the'irail"),
which is located adjacent to the Flat Branch stream within the North Pointe development in Albemarle
County, Virginia; and
WHEREAS, the developer of North Pointe (the "Developer') is required to construct a portion of the
roadway referred to as Northside Drive, which will include a concrete culvert structure (the "Structure"
to allow pedestrian traffic to pass under the roadway; and
WHEREAS, the County is entering into a separate agreement with the Developer regarding the
Developers responsibilities for maintenance and inspection of the Structure; and
WHEREAS, because the Structure is intended to serve a secondary purpose that is not essential to the
operation of the roadway, the parties to this Agreement agree that the Structure is an extrinsic
structure, ineligible for maintenance by the Department at public expense; and
WHEREAS, the costs associated with periodic safety inspections and maintenance of such structures,
including ultimate closure or removal, are deemed appropriately sustained by the community that they
are intended to serve; and
WHEREAS, the National Bridge Safety Inspection Act requires that uniquely qualified personnel perform
periodic safety inspections of roadway structures to ensure their structural integrity and the safety of
those using the structures; and
WHEREAS, the County agrees to bear the costs, including but not limited to the construction,
maintenance, inspection, and repair, of the Structure, up to but not including the surface of Northside
Drive, which the Department shall maintain,
NOW, THEREFORE WITNESSETH, that for and in consideration of the aforesaid recitals, which are
hereby incorporated into this Agreement as if fully set forth herein, and in further consideration of the
covenants contained herein, the parties agree as follows:
A. The County agrees to the following:
1. The Structure will be treated as an integral part of the highway system, but that the County shall
be responsible for routine bridge safety inspections of the Structure, the results of which the
County will promptly provide to the Department. All inspections must meet the Department's
regulatory guidance and be undertaken by an inspector licensed to perform those inspections to
the Department's standards.
2021 AGREEMENT
TFE INSPECTION AND MAINTENANCE
OF THE GRADE SEPARATED STRUCTURE OF NORTHSIDE DRIVE
AND THE NORTH POLNTE GREENWAY TRAIL, ALBEMARLE COUNTY
2. The Structure shall be inventoried and inspected in accordance with the Department's IIM policy
guidance as a large culvert, and that the level of the inventory and inspection shall meet the
requirements of the National Bridge Inspection Standards and the Department's IIM policy
guidelines provided in the following standards (as they may be amended from time to time):
• The National Bridge Inspection Standards (NBIS) found in the Code of Federal Regulations
title 23 Highways - Part 650, Subpart C.
• The Manual for Bridge Evaluation (MBE);
• VDOT IIM-S& B-27.8 Bridge Safety Inspections;
• VDOT IIM-S&B-86.1 Load Rating and Posting of Structures (Bridges and Culverts).
3. The Department has no maintenance, upkeep and/or repair responsibility or liability for the
Structure, except in cases of physical damage resulting from road maintenance operations or
road construction projects administered by the Department.
4, The Department, in its sole discretion, may require an inspection of the Structure at anytime,
and may at any time require that the County perform any maintenance it deems necessary for
the timely preservation of the Structure or for public safety. In the event of any disagreement
regarding the necessity of an inspection, the Departments determination shall be binding.
5. The County shall operate and maintain all pedestrian facilities within the Structure, or otherwise
associated with the Trail crossing of Northside Drive that are within VDOT operated right of way,
in compliance with all requirements of the Americans with Disabilities Act or any other state and
federal law, and to make no claim for financial assistance from the Department for the
operation of the pedestrian facilities.
6. The County shall not fasten or attach to the Structure any pedestrian facility component
(including but not limited to: signs, lighting fixtures, paved invert, and hand rails), except (a) by
pre -approved attachments to anchor systems installed by the prefabricator or (b) as otherwise
approved by the Department in its review of the construction plans. Neither additional
attachments to the Structure nor any painting of the Structure's surfaces may be made without
approval of the Departments bridge and structures office.
7. All maintenance, repairs or replacements of the Structure performed by the County, and all
fastenings or attachments to the Structure made by the County, are herein collectively referred
to as the "Work". All of the Work shall be done in accordance with a Single Use Permit issued by
the Department pursuant to 24VAC30-151 upon proper application therefor made by the
County prior to the commencement of such Work.
8. The County shall carry insurance against liability for personal injury and property damage that
may arise from the operation of the Trail, up to one million dollars ($1,000,000) for each
occurrence and five million dollars ($5,000,000) in the aggregate. In addition, the County or any
contractor or subcontractor of the County who wishes to enter the Property for the purpose of
performing Work thereon shall obtain and maintain Workers' Compensation, Employer's
Page 2 of 4
ZOZ AGREEMENT8O R FTHE CIIINSPECTION AND MAINTENANCE
OF THE GRADE SEPARATED STRUCTURE Of NORTHSIDE DRIVE
AND THE NORTH POINTE GREENWAY TRAIL, ALBEMARLE COUNTY
Liability, Commercial General Liability and Automobile Liability insurance as required by, and in
the amounts set forth, in the Commonwealth of Virginia Agency Procurement and Surplus .
Property Manual, as amended (the "Manual"). All insurance required under this Section shall
name the Department as an additional insured. The County, or any contractor or other party
performing the Work on County's behalf, as the case may be, shall provide to the Department a
certificate of insurance evidencing insurance coverage required by this Section prior to
commencement of the Work or entry upon the Department's property, and in addition the
Contractor shall provide any bonds required by the Manual inform acceptable to the
Department. All insurance coverage required hereunder shall require written notice to the
Department at least thirty (30) days prior to any cancellation, renewal or expiration of such
coverage.
9. If the Structure is no longer required for its intended purpose, the County will permanently close
the structure to the Department's satisfaction at no cost to the Department. Alternatively, in
such event the Department may elect to close the Structure and recover its costs from the
County up to the amount of the actual costs.
10. To timely perform all maintenance of the Structure when required by the Department.
11. To pay all costs of repair of the roadway over the Structure in the event failure of the Structure
causes damage to the roadway.
12. Not to seek indemnification or contribution from the Department for any claims or damages
arising from improper maintenance or operation of the pedestrian facility by the County.
B. The Department agrees:
1. To accept the operational responsibilities associated with the Structure as part of the highway
system carried by the. Structure, in keeping with its normal practices and in accord with this
Agreement.
2. To coordinate its activities with the County to avoid interfering with the County's activities,
events or use of pedestrian facilities within the Structure.
3. To not restrict pedestrian movement on the trail within its right of way without cause.
C. Both parties further acknowledge that:
The Department in its sole discretion may close the road above the Structure or the Structure
itself, as the Commissioner of Highways or his agent deems necessary for the safety of the
public or for the proper completion of work. However, the Department will coordinate its.
activities with the County to avoid interference with the County's activities, events, and use of
the pedestrian facility within the Structure.
2. This Agreement does not relieve the parties hereto of their rights and obligations pursuant to
any applicable federal or state laws or regulations.
Page 3 of 4
2021 9 R9EWrVRT 1:LPECTION AND MAINTENANCE
OF THE GRADE SEPARATED STRUCTURE OF NORTHSIOE DRIVE
AND THE NORTH POINTE GREENWAY TRAIL, ALBEMARLE COUNTY
3. While this Agreement is not intended to relieve the parties hereto for any liability to each other
for the parties' actions under this Agreement for which the parties may be subject under the
law, nothing in this Agreement is intended to limit or waive either party's rights to assert
sovereign immunity as a defense to any action against that parry arising from this Agreement.
Witness the following signatures and seals:
Albemarle County Attorney
Cot
By:
Nat
Titl,
Date: 1017/2
Witness: l' KZ ,
'irginia
Commonwealth of Virginia, Department of Transportation
By:
Name: /b(3Hc7 W. #QNTE7�
Title: blt�strraR� of g &F LAM Usg
Date: 18 OC:r 7PZI
Witness:
INSTRUMENT N 202100018387
RECORDED ALBEMARLE CO CIRCUIT COURT CLERICS OFRCE
Nov 03, 2021 AT 01:24 pm
JON R. ZUG, CLERK by MEB
BOOK 05634 PAGE 0600 - 00611
1�
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