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Home My WebLink AboutWPO200500072 Stormwater Management Maintenance Agree. 2005-09-13 Sent By: INVISIBLE; 19999999999; Jun -29 n6 4:13PM; Page 2 N..w COMMINfIIY DEVELOPMENT' Fax 4349724126 _, Jun 29 2006 03:10nm P001/003 • STORMWATER MANACEMENT/BN1P AMITIES MAINTENANCE AG 0 THIS AGREEMENT, made and entered into this 18 day o f April , 2006 , b and between Post Office Land Trust 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 IMP 32 -4:1D as recorded by deed in the land records of Albemarle (Albemarle County Tax Map/Parcel Identification Number) 2q oit j 06C County, Virginia, Deed Book/Page 1b61/ 116,2125/333,2672 /727,2890/696 , 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 Area C, Block 5, Laurel Park Townbomtg, (Name of Plan/Development) hereinafter called the "Plan ", which is expressly made a part hereof, as approved or Labe 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 managementBMP 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/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/13MP facilities, This iac1udes 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 7 /17/2000 (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 Community Development Revised August 23, 2005 Sent By: INVISIBLE; 19999999999; Jun -29 -n6 4:14PM; Page 3/4 �umMUnrrr LJCY UJrMtnil rax a34.9rZ412ti Jun 29 2008 03:11pm P002/003 • 3. The Landowner, its successors and assigns, shall inspect the stormwater management/BM? -facile, 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 Community Development Revised August 23, 2005 Sent By: INVISIBLE; 19999999999; Jun -29 -n6 4:14PM; Page 4/4 VLILLur RlLl l rax aa49 ( 41L6 Jun 29 2006 03:11pm P003/003 • WITNESS the following signatures and seals: • • Post Office Laud Trust Company /Corporat o n/Partnershi ,Name (Seal) By:_ p1 C -K ✓,/ Charles Wm. Hurt • (Type Name) Trustee By : ArarrAW (seal) STATE OF Shirley . Fisher — Trustee COUNTY OF The foregoing Agreement was acknowledged before me this Ells* day of /2-.i 1 20 ,FL , by Cha_,Ae..s Up r ' OTAR PUBLIC My Commission Expires: CO ► OF ALBEMA' LE, V • GINIA By: �� • JI 4 . . . — AY (Type Name) Count Executive • (Type Title) • STATE OF Virginia COUNTY OF Albemarle The foregoing Agreement was acknowledged before me this 24th day of April 20 06, by Robert W. Tucker, Jr. .Li .. �. _ 1 . aft r NOTARY PUBLI My Commission Expires: Jurne 30, 2009 • Approved as to Form: .�' t f -xai •06 un ttomey Date RECORDED IN CLERKS OFFICE OF ALBEMARLE ON 3 - April 28,2006 AT 11:52:48 AM $0.00 GRANTOR TAX PD Prepared Count of Albemarle A REQUIRED BY VA CODE 59.1 -802 eP by Y Department Community Development STATE: $0.00 LOCAL: $6 00 Revised August 23, 2005 ALBEMARLE COUNTY, VA EriAARSHA XRK CIRCUIT COURT