The URL can be used to link to this page

Home My WebLink AboutWPO202200027 Agreement - SWM Maintenance 2006-03-20(Page 1 cf 4) ad Instrument Control Number r Commonwealth of Virginia Land Record Instruments Cover Sheet• Form A [ILS VLR Cover 8best Agent 1.0.001 C Date of Instrument: [312012008 ] 0 Instrument Type: [AG J E P Number of Parcels [ 1 J Number of Pages [ 31 E M MM ❑ ❑ MEN 004481 IIfNINIIIiINIIIUIIINIININININ{IIIIIIIIIIIIf�IINllllllllll�l�l Des ra: 002001460004 Tyype: 0EE Reoordatl: 00/20/2006 at 1t: S0100 AN FeAmt: $17.00 Papua t of 4 Fl a Clrroolt 0oort MO 2006-00004481 4177 po584-587 Grantee Address (Name) [Hoard of supervisors for Albemarle County (Address 1) [401 Mcmilre Road (Address 2) [ (City, Slate Mp) [Charlottesville I IVA 1 [22902 Consideration [0.00 I Existing Debt [0.00 ] Assumption Balance 10.00 Prior matt. Recorded at City 0 County® [Albemarle County I Porcent. in this Juris. [ Book (2224 ] Page [249 1 Instr. No [ Parcel Identification No (PIN) 19 Tax Map Num. lit different than PIN) [78 Short Property Description rrcWn and Country Currant Properly Address (Address l) (Address 2) (City. State, zip) Instrument Prepared by [Esther B. Grace. I Recording Paid for by [C.W, Hurt Contractors, LLC ] Return Retarding to (Name) [Department of Community Development ] (Address 1) [Esther B. Grace ] (Address 2) [401 McIntire Road J (City. state, zip) [Chadotteaville I [VA J [22902 ] Customer Case ID [ ] [ J [ ] ...............................................................__.....�.............. ( • r 1 Cover Sheet Page S 1 of 1 i Eoek:]141,eeee:SM Mga 2 or a) STORMWATER MANAGEMENTBMP FACILITIES MAINTENANCE ABR)EEMIDNT THIS AGREEMENT, made and entered into this 14 day of February 2006, by and between Albemarle Hotel. LLC hereinafter called the (Insert Full Namerif Owner) "Landowner", and the Board of Supervisors of Albemarle County, Virginia, hereinafter called the "County". WITNESSETH, that WHEREAS, the Landowner is the owner of curtain real property described as TMP 78 PARCEL 9 as recorded by deed in the land records of Albemarle (Albemarle County Tax Map/Parcel Identification Number) County, Virginia, Deed Book 2224 Page 249 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 Town & Country (Name of Plan/Development) hereinafter caned 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 stomrwater management/BMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on -site stormwater managemem/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 stormwater manager entBMP 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 storrwater managetrsentBMP 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 theae facilities ere performing their design functions. The Annual Inspection Report form dated VI7/2000 (or latest date form available) is to be used to establish what good working condition is acceptable to the County. .I - Prepared by County of Albemarle Department of Engineering & Public Works Interim Manual, Appendices, Page A -I Revised August 23, 2005 aao[:31]]YLne:5a4 (Page l a a) 3. The Landowner, its successors and assigns, shall inspect the stormwater managemerrtBMP 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 fol low -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 manngement/BMP facilities In good working condition acceptable to the County, the County may enter upon the Property and take whatever steers, 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 stonnwater managemont/BW 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. S. 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 mmagemenvBMP facilities fall 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- Proparod by County afAlbemado Dopartment Community Dmdopment lmedm Memel, Appendices, Pogo A-2 Rcvisod August 23, 2005 Book:3111,rage:M4 (Page a ar al WITNESS the following signatures and seals: Company/CorpQmtion/Partnership Name (Seal) Albemarle Hotel, LLC Crype Name) Shirley L. Fisher, Attomey-in-Fact (Type Title) STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this �+' day of U0. 20D2(,by N RY POI4LIC My Commission Expires: (N,h�QP-2 3�� '7 v STATE OF Vireinia COUNTY OF Albama�� The foregoing Agreement was acknowledged before me this 24thday of Fehruary 20 06• by Robert ➢r. Tucker, Jr. n(eJ ypDt NOTARYUBL iu/1 My Commission Expires: June 30, 2Do9 Approved as to Form- my Arney pate RECORDED IN CLERKS OFFICE OF AL56WRLE ON M=h 20,2008AT 11:69:ODAM $0.00 GRANTOR TAX PO A" REDUIRED BYVA CODE 958.1.002 STATE: So.00 LOCAL S0.00 BOpmed by COtmly Of Albemarle Dapenment Community Davelapment Interim Memel, S ALBEMARLE COUNTY,VA R8H L LER IRCU7000RT Revised AugmI23, 2005 c aoox:3177,Y.9e:594