HomeMy WebLinkAboutSDP199400050 Agreements Stormwater Management Plan 1995-04-28B~ I ~ 6 6 PG O O 7 8
STORHWATER MANAGEMENT/BHP FACILITIES MAINTENANCE AGREEMENT
1'-onJ601 THIS AGREEMENT, made and entered into ·this 2ft aay o1
Ao .. ; l , 19 1r I by and between
Hurt.Investment Company & Virginia Land Trust hereinafter called
(Insert Full Name of owner)
the "Landowner", and the Board of Supervisors of Albemarle
County, Virginia, hereinafter called the "County".
WITNESSETH, that
WHEREAS, the Landowner is the owner of certain real property
described Tax Hap 78, Parcel 72
(Albemarle county Tax Hap/Parcel Identification Number)
as recorded by deed in the land records of Albemarle county,
Virginia, Deed Book 996 at Page _ ___.1._.2...,6......., ___ _
hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop
the property; and
WHEREAS, the Site Plan/Subdivision Plan known as
_G_u_a_r_a~n~t~y.__S_a_v~i~·n~g~s~&"'='I~..o~a~n":--__ -:-:-_____ , hereinafter called the
(Name of Plan/Development)
"Plan", which is expressly made a part hereof, as app:1:"Oved or to
be approved by the County, provides for detention of stormwater
within the confines of the property; and
WHEREAS, the County and the Landowner, its successors and
assigns, including any homeowners association, agree t~at the
health, safety, and welfare of the residents of Albema~le County,
Virginia, require that on-site stormwater management/BHP
facilities be constructed and maintained on the Properiy; and
WHEREAS, the County requires that on-site stormwater
management/BHP facilities as shown on the Plan be constructed and
adequately maintained by the Landowner, its successors and
assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises,
the mutual covenants contained herein, and the following terms
and conditions, the parties hereto agree as follows:
1. The on-site stormwater management/BHP facilities shall
be constructed by the Landowner, its successors and assigns, in
accordance with the plans and specifications identified in the
Plan.
2. The Landowner, its successors and assigns, including any
homeowners association, shall adequately maintain the stormwater
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management/BHP facilities. Adequate maintenance is herein
defined as good working condition so that these facilities are
performing their design functions. The Annual Inspection Report
form dated 6/2/92 {or latest date form available) is to be used
to establish what good working condition is acceptable to the
County.
3. The Landowner, its successors and assigns, shall inspect
the stormwater management/BHP facility and submit an inspection
report annually. The purpose of the inspection is to assure safe
and proper functioning of the facilities. The inspection shall
cover the entire facilities, berms, outlet structure, pond areas,
access roads, etc. Deficiencies shall be noted in the inspection
report.
4. The Landowner, its successors and assigns, hereby grant
permission to the County, its authorized agents and employees, to
enter upon the Property and to inspect the stormwater
management/BHP facilities whenever the County deems necessary.
The purpose of inspection is to follow-up on reported
deficiencies and/or to respond to citizen complaints. The County
shall provide the Landowner, its successors and assigns, copies
of the inspection findings and a directive to commence with the
repairs if necessary.
s. In the event the Landowner, its successors and assigns,
fails to maintain the stormwater management/BHP facilities in
good working condition acceptable to the county, the county may
enter upon the Property and take whatever steps necessary to
correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner, its successors
and assigns. This provision shall not be construed to allow the
County to erect any structure of permanent nature on the land of
the Landowner outside of the easement for the stormwater
management/BHP facilities. It is expressly understood and agreed
that the county is under no obligation to routinely maintain or
repair said facilities, and in no event shall this Agreement be
construed to impose any such obligation on the County.
6. The Landowner, its successors and assigns, will perform
the work necessary to keep these facilities in good working order
as appropriate. In the event a maintenance schedule for the
stormwater management/BHP facilities {including sediment removal)
is outlined on the approved plans, the schedule will be followed.
7. In the event the County pursuant to this Agreement,
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perfonns work of any nature, or expends any funds in performance
of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall
reimburse the county upon demand, within thirty (JO) days of
receipt thereof for all costs incurred by the county hereunder.
These costs cannot exceed the actual costs of the corrective.work
as procured in accordance with Section 15.1 code of Virginia.
8. This Agreement shall be recorded among the land records
of Albemarle county, Virginia, and shall constitute a covenant
running with the land, and shall be binding on the Landowner, its
administrators, executors, assigns, heirs and any other
successors in interests, including any homeowners association.
WITNESS the following signatures and seals:
Hurt Investment Company (Seal)
By:
Shi r the Virginia
Land Trust u/a/d Hay 18, 1984
STATE OF ..,,\....,2lc.:..R,""'~c.;fP:....;.t.:..:R:.-____ _
COUNTY OF Al R£!'AA~l.e
The foregoing Agreement was acknowledged before me this
~Ct!--day of f\,ri ( , 19 ~ by C~le;. w. t-Jw-f-
~Q 21,~,..1....._, L. [,c,:l.e<"' -,-; .. dt:~~ F<-r f#J(J)f./ Ln,.,✓-::, 7/21,'ST
I
/~N6Y~:fc?
My Commission Expires: _t,._-_?,~O:..--q;._.s..7 _____ _
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALB~:
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ~TrED
TO RECORD ON fil<¼J I ,199.S._, AT 3:11 O'CLOCK -f!--"·
STATE TAX $ ____ (039)
LOCAL TAX $ ____ (213)
TRANSFER FEB $ ____ (212)
VSLF $ 1.00 (145)
CLERK'S FEE $ }tJ {),.) (301)
PLAT $
SEC.58.1-802: ----
STATE TAX
LOCAL TAX
LOCAL TAX
TOTAL
$ ____ (038)
$ ( 220)
$ ( 223)
$ \34)
TESTE:
SHELBY J.MARSHALL,CLBRK
BY, l\a£M> e~ DEPUTY CL
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