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Home My WebLink AboutWPO200400087 Action Letter 2015-10-21 4��pF A ' lll'_ 1111� �'�RG1N1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville, Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 October 21, 2015 Developers Surety and Indemnity Company c/o Patrick C. Sweet, Attorney-in-Fact 328 South Main Street Post Office Box 929 Harrisonburg, VA 22801 Re: LongAcre Farm Subdivision/Plan ## WPO-2004-00084 & WPO-2004-00087 & WPO-2004-00100 Water Protection Performance Bond - $30,000 Erosion& Sediment Control $5,000 Stormwater Management& Water Quality $25,000 Developers Surety and Indemnity Company Bond No. 585250S Dear Mr. Sweet: Since the requirements of the Erosion and Sediment Control Component of the referenced water protection performance bond have been satisfied, Developers Surety and Indemnity Company Bond No. 585250S may be reduced to$7,400. The reduced bond represents the Stormwater Management and Water Quality component of the water protection performance bond. By copy of this letter, I am notifying Bend Properties, LLC of this reduction. Please contact Ana D. Kilmer(434-296-5832, ext. 3246) if you should have any questions regarding this bond reduction. Sincerely, Pj:N.Ca.aptilteX ( M , Betty J. Burrell / W Director of Finance `"f l ®o U l_J Department of Finance ADK/ 3 ' O 0 0 � Copy:Bend Properties, LLC (4 Q 0 1\DEPT\Community Development\Admtmstration Division\Shtffleo\BONDS\REDUCE\LongAcre Farm-WP doc _I Ana Kilmer From: Ana Kilmer Sent: Wednesday, March 09, 2016 2:40 PM To: 'Nat Perkins' Cc: Mark Graham Subject: FW: Bend Properties LLC stormwater agreement Nat: Per county attorney, "Section 7.02 doesn't provide you the answer you are seeking. First, the only drainage easement shown on the plat appears to convey water from the end of the cul-de-sac and deposits the water near the Lot 1/Lot 2 boundary line. Looking at aerial photos, the SWM facility appears to be more on Lot 2. The SWM facility, or the overwhelming majority of it, does not appear to be within the easement. Second, reserving easements, including the right of ingress and egress, is not the same thing as reserving the right to impose a long-term maintenance obligation on the Association. Article V. Section 5.01 states that the Association will maintain all common area and amenities, including the stormwater management facility.That might provide an opening to resolve this issue. We would still need the signature of the owner of the lot(s) on which the facility is actually located. However, the owner's concerns about the obligation to maintain the facility would hopefully be eased by Section 5.01's language that the Association is responsible for maintaining the facility. We also would need to know whether there are easements recorded post-subdivision that give the Association the right to enter Lot 1 or Lot 2 to actually maintain the SWM facility." Do you have copies of these easements that give the association the right to enter lot 1 and/or 2 to maintain the facility? Thank you Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville, VA 22902 434-296-5832 akilmer@albemarle.org 1 Ana Kilmer From: Ana Kilmer Sent: Wednesday,January 20, 2016 10:58 AM To: 'Nat Perkins' Cc: Glenn Brooks Subject: Bend Properties LLC stormwater agreement The county attorney has finished reviewing the covenants and restrictions for Longacre Farm Subdivision that you provided. He couldn't find any information in the declaration that authorizes you to sign the stormwater agreement, but if you can point to a specific sentence that allows you to do so please let us know and the county attorney will be happy to look at it again. Thank you Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org 1 Ana Kilmer From: Ana Kilmer Sent: Monday, November 23, 2015 5:26 PM To: Greg Kamptner Cc: Glenn Brooks Subject: Bend Properties LLC stormwater agreement Attachments: Longacre - Covenants.pdf Greg: We currently have a wpo bond for Longacre Farm Subdivision. Bond was posted in November 2004. This project is almost done. I have informed Glenn that there is no stater agreement for this project. I have checked and re- checked the Clerk's records and I was not able to find ortf. Nathaniel Perkins on behalf of the LLC posted the bond. He is saying that he submitted a stormwater agreement to the county and he paid $17 to clerk of circuit court to record the agreement. I cannot find any record that we received it. He e-mailed me a copy of the agreement he submitted to the county. I would have rejected the agreement because it was not notarized properly. I have told him that in order for us to release this bond, he will need to submit a stormwater agreement. He wants me to reimburse him the $17. I don't have any record that he paid and even if he paid I couldn't reimburse him any funds because they were not county funds. I discussed this issue with Mark Graham, he said to request a copy of the cashed check. I have not done this yet. Engineering has informed me that the basin is located on tmp 05700-00-00-067A1. County records show that the owner of this parcel is Lawjan, LLC. I asked Mr. Perkins if he was the owner of the parcel. He said that he is a partner in Lawjan, LLC. When I asked him to provide a copy of the operating agreement for Lawjan, LLC. He said the following: "The maintenance of the SWM will not only fall on the owner of Lot 2 (Lawjan LLC), but all lot owners, as per the covenants and restrictions (attached). Please let me know if this can executed (again) by Bend. I will not pay twice to have this recorded." He is asking for Bend Properties, LLC to execute the stormwater agreement based on the covenants and restrictions (attached). I disagree, he no longer owns the parcel and the covenants and restrictions can be amended any time. What do you suggest? I won't be able to release this bond unless he executes a stormwater agreement. I have 2 other projects with similar situations. Thank you for your help Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org 1 Ana Kilmer From: Nat Perkins <nat.perkins@gmail.com> Sent: Wednesday, November 18, 2015 7:21 AM To: Ana Kilmer Cc: Max Greene; Glenn Brooks Subject: RE: Longacre - SWM agreement Attachments: Longacre - Covenants.pdf Ana— So I guess this means that the County never recorded the SWM agreement as executed by Bend Properties? As a condition for final plat and plan approvals, it was required that Bend execute the SWM agreement, included in the covenants and restrictions and pay for the recording of the SWM agreement. Since it was not recorded, will this be refunded? The maintenance of the SWM will not only fall on the owner of Lot 2 (Lawjan LLC), but all lot owners, as per the covenants and restrictions (attached). Please let me know if this can executed (again) by Bend. I will not pay twice to have this recorded. Let me know how we need to proceed. Thanks Nat Nat Perkins, P.E. I BEND Properties ; nat.perkins@gmail.com 434.531.7387 Cell From: Ana Kilmer [mailto:akilmer@albemarle.org] Sent: Tuesday, November 17, 2015 3:32 PM To: Nat Perkins Cc: Max Greene; Glenn Brooks Subject: RE: Longacre - SWM agreement Nat: Since Bend Properties, LLC no longer owns tmp 57/67A1,the stormwater agreement will need to be executed by Lawjan, LLC. Please provide a copy of the operating agreement for Lawjan, LLC. Thank you Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org From: Nat Perkins [mailto:nat.perkinsc gmail.com] Sent:Tuesday, November 17, 2015 2:38 PM To:Ana Kilmer<akilmer@albemarle.org> Cc: Max Greene <MGreene@albemarle.org>; Glenn Brooks<GBROOKS@albemarle.org> Subject: RE: Longacre-SWM agreement 1 Ana— I am a partner in Lawjan LLC. Nat From: Ana Kilmer [mailto:akilmer@albemarle.orq] Sent: Tuesday, November 17, 2015 10:03 AM To: Nat Perkins Cc: Max Greene; Glenn Brooks Subject: RE: Longacre - SWM agreement Nat: Max has confirmed that the basin is located on TMP 05700-00-00-067A1. County records show that the owner of this tmp is Lawjan, LLC. Are you the owner of this parcel? Thanks Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville,VA 22902 434-296-5832 akilmer@albemarle.org From: Nat Perkins [mailto:nat.perkins@gmail.com] Sent:Tuesday, November 17, 2015 7:10 AM To:Ana Kilmer<akilmer@albemarle.org> Subject: RE: Longacre-SWM agreement Ana— Sorry for the delay. Attached is the operating agreement for Bend Properties LLC. Let me know if you have any questions. Also, we have planted for the revised mitigation planting (see approval letter attached). What do I need to do to get that bond reduced/released? Can you send a breakdown of the bond calculation left for Longacre? I think this should finalize everything for that project... Thanks Nat Nat Perkins, P.E. ( BEND Properties I nat.perkins@gmail.com 434.531.7387 Cell From: Ana Kilmer [mailto:akilmer@albemarle.orq] Sent: Thursday, November 12, 2015 5:58 PM To: Nat Perkins Subject: RE: Longacre - SWM agreement Please email me a copy of the operating agreement for Bend Properties, LLC. Thank you Ana D. Kilmer 2 Management Analyst Community Development Department 401 McIntire Road Charlottesville, VA 22902 434-296-5832 akilmer@albemarle.org From: Nat Perkins [mailto:nat.perkins@gmail.com] Sent: Wednesday, November 11, 2015 2:21 PM To:Ana Kilmer<akilmer@albemarle.org> Subject: RE: Longacre-SWM agreement Hope you get better. Let me know what is needed for the SWM agreement since it appears the signed copy was not recorded. Nat From: Ana Kilmer [mailto:akilmer@albemarle.orq] Sent: Wednesday, November 11, 2015 2:18 PM To: Nat Perkins Subject: Re: Longacre - SWM agreement I am home sick. I was not able to find a recorded agreement. Sent from my iPhone On Nov 11, 2015, at 2:14 PM, Nat Perkins<nat.perkins@gmail.com>wrote: Ana— Wanted to follow up on the SWM agreement. Were you able to find the recorded copy? We have completed the mitigation planting and will be asking for another bond reduction. Nat From: Ana Kilmer [mailto:akilmer@aalbemarle.orq] Sent: Thursday, October 22, 2015 2:59 PM To: Nat Perkins Cc: Jeremy Glode; Todd Shifflett Subject: RE: Longacre - SWM agreement Reduction letter is in finance waiting for signature. Thank you for the stormwater agreement. I am looking for a copy of the recorded agreement. I will continue looking. Thanks Ana D. Kilmer Management Analyst Community Development Department 401 McIntire Road Charlottesville, VA 22902 434-296-5832 akilmer@albemarle.org From: Nat Perkins [mailto:nat.perkins@gmail.com] Sent:Thursday, October 22, 2015 2:56 PM 3 To:Ana Kilmer<akilmer@albemarle.org> Cc:Jeremy Glode<jglode@albemarle.org>;Todd Shifflett<tshifflett@albemarle.org> Subject: Longacre -SWM agreement Ana - Attached is the SWM agreement for Longacre Farm from my files. This was submitted to the county in 2004 with a check for recording-a condition of approval of the plans. Please let me know if the bond for the SWM can be reduced/released. Please send by email the letters as soon as they are signed. Thanks Nat Nat Perkins, P.E. I BEND Properties nat.perkins@gmail.com 434.531.7387 (:r:ll 4 • STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 9th day of November, 2004, by and between BEND Properties LLC hereinafter called the (Insert Full Name of Owner) "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 as Tax map 57, Parcels 67A and 68 as recorded by deed in the land records of (Albemarle County Tax Map/Parcel Identification Number) Albemarle County, Virginia, Deed Book 2659 Page 231, and Deed Book 2659 Page 237, 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 Longacre Farm (Name of Plan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved 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 that the health, safety, and welfare of the residents of Albemarle County, Virginia, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on-site stormwater management/BMP 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 storniwater management/BMP 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 management/BMP facilities. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. 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. - 1 - Prepared by County of Albemarle Department of Engineering&Public Works Interim Manual,Appendices,Page A-1 Revised August 27, 1999 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP 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/BMP 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. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management/BMP 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/BMP 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/BMP 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, performs 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(30) days of receipt thereof for all actual costs incurred by the County hereunder. 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. 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. - 2 - Prepared by County of Albemarle Department of Engineering&Public Works Interim Manual,Appendices,Page A•2 Revised August 27, 1999 WITNESS the following signatures and seals: Company/Corporation/Partnership Name (Seal) By: L.J.fereta;_./ Da^'Iti� BEND Properties LLC,by: W. Nathaniel D. Perkins (Type Name) Manager (Type Title) STATE OF (/�' a GOIV-T-Y OF et te,tcG/JF The foregoing Agreement was acknowledged before me this la day of 20 aY,by lOTARY PUBLIC My Commission Expires: 373//o.r COUNTY OF ALBEMARLE,VIRGINIA By: (Type Name) (Type Title) STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this day of 20 ,by NOTARY PUBLIC My Commission Expires: Approved as to Form: County Attorney Date - 3 - Prepared by County of Albemarle Department of Engineering&Public Works Interim Manual,Appendices,Page A-3 Revised August 27, 1999