HomeMy WebLinkAboutSUB201400218 Agreements 2015-02-13 Nave -tame
f STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT,
THIS AGREEMENT,made and entered into this 13TH day of FEBRUARY , 2015 ,by
and between JESSCO LLC, a Virginia limited liability company 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 Albemarle County
Tax Map/Parcel 08900-00-00-0073D0 as recorded by deed in the land records
of Albemarle County,Virginia,Deed Book/Page DB 4153, Page 81 ,hereinafter
called the "Property".
WHEREAS,the Landowner is proceeding to build on and develop the Property pursuant to a Site
Plan/Subdivision Plan known as Mountain Valley Subdivision ,and
(Name of Plan/Development)
WHEREAS,the Water Protection Ordinance(WPO)Plan described as
(Name of Plan/Development-WPO Application Number)
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 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/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.
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Prepared by County of Albemarle Department Community Development
Revised September 18,2012
■
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.
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Prepared by County of Albemarle Department Community Development
Revised September 18,2012
f
WITNESS the following signatures and seals:
JESSCO, LLC
Compan orporation/P.r..ership N. 1,e (Seal)
By: Arie
OOP. - L��s sir 1
(Type Name)
Manager
(Type Title)
STATE OF Vi
CITY/COUNTY OF A I b-e Mark-
The foregoing Agreement was acknowledged before me this /2 day of February
2015 ,by ,50.-rl-1 c5 L . 455 ) ,
/ NOTARY PUBLIC =Q CATION NO.'.e
My Commission Expires: 10/ 3/��'� ) _U c 262832
:tiff COMM.EXPIRES: E.
1013112017
%•ice yIRG ?:/C,
COUNTY OF ALBEMARLE,VIRGINIA /ii ojARY PU��"��1`�
By:
(Type Name)
(Type Title)
STATE OF
CITY/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
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Prepared by County of Albemarle Department Community Development
Revised September 18,2012