HomeMy WebLinkAboutWPO201700003 Easements 2017-03-20Albemarle County, VA
„i3r R, Z4t0 Circuit Clerk
501 East Jefferson St,
Charlottesville, VA 22902
Phone Humber: (434)972-4085
Fax Number: (434)293-0298
D?ficial Receipt: 2017-00004177
Printed on 03/17/2017 at V.-26,33 AM
;;
16 orf CIWOURT{�' ? 0
'CHARLOTTLE3VILt E H'i TLLHENT COMPANY
Date Recorded: 03/17/2017
Instrument IO Recorded Time Amount
Bic 44886 Pg 570 11:25:40 AN $17.00
File No. 2017.-00003067
AG- AGREEMENT
GRAN ::'R :RIVER ICE VILLAGE PROPERTIES
Ihi" EX:N
GRAN -F=;ROARO 4F SUPERVISORS OF
AL1'1-- JLE COUNTY, VIR:; S, --A E :N
Addresst:401 KINTIRE ROAD
Addrass2:
City/Stats/Zip:CHARLOTTESVIL?E VA
22901
32157
CDns idefatiUn:$0.00
skw.
Rercent:100.00%
r'-,ges:3 Dames:
,�cour�ts Amount
:1 -DEEDS $14.50
G39- SEEDS & CONTRACTS $0.00
213- MUNTY GRANTEE TAX $0.00
145- VSLF $1.50
106- TE"�°';"'-OGY TRUST FUND FEE $0,00
D35 - OH N SPACE PRESERVATION $1.00
H Itemized Check listing ^Y�
Check P 10733 $17.DC
Total Due. -- T17.00
Paid By Check; $17,00
Change Tendered: WOO
4f[STT f I ON TH'SEE wT
HTTP: //COTThJwf I NG.M: "i----'d;.k-EEXIERNAL
FIRST AMENDMENT
TO
STORMWATER MANAGEMENT/BW FACILITIES MAINTENANCE AGREEMENT
THIS FIRST AMENDMENT TO STORMWATER MANAGEMENT/BMP FACILITIES
MA�IVTENANCE AGREEMENT (the "Amendment") is made effective as of
J�rgo 2017, by and between RIVERSIDE VILLAGE
PROPS IES INC. ("Landowner") and the Board of Supervisors of Albemarle County, Virginia
("County").
RECITALS:
A. Landowner and County are parties to that certain Stormwater Management/BMP
Facilities Maintenance Agreement dated February 18, 2015 (the "Agreement"), regarding that certain
parcel of land situated in Albemarle County, Virginia (the "County") and defined in the Agreement
as the Property.
B. Landowner has installed or is planning to install a solar canopy over the parking lot
within the underground storm water detention system, and the parties now desire to amend the
Agreement as provided for herein.
C. Unless otherwise defined herein, capitalized terms shall have the meanings given to
such terms in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Recitals. The foregoing recitals are incorporated herein by this reference.
2. Section 8. Section 8 is restated in its entirety as follows:
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. Except as explicitly
provided herein, the Landowner and its successors and assigns remain responsible for,
and the County does not accept any operation or maintenance responsibility for, the
operation and maintenance of any improvements Landowner constructs on the
property, including, without limitation, any parking facilities or solar canopies. In
performing any work within the area of the stomwater management/BMP facilities as
permitted by Sections 5 and 7 of the Agreement, the County will take all reasonable
measures to avoid damage to the solar canopy, parking lot, and other improvements;
however, the County will not be liable for inadvertent damage to such improvements
and will not reimburse the Landowner for any damage to such improvements.
19907133-145943.0001
3. Ratification. Except as expressly amended hereby, all of the provisions of the
Agreement are hereby ratified and confirmed.
4. Miscellaneous. Seller and Purchaser each represent to the other that the party
signing this Amendment on its behalf has the authority to do so, and this Amendment shall be
binding upon Seller and Purchaser and their respective successors and assigns. If there is any
conflict between the terms and provisions of the Agreement and the terms and provisions of this
Amendment, this Amendment shall control. This Amendment may be executed in counterparts
and delivered by facsimile or other electronic transmission.
WITNESS the following signatures and seals:
LANDOWNER:
RIVERSIDE VILLAGE PROPERTIES, INC.,
a Virginia corporation
r
By:
Name: Paul B. Manning
Title: Sole Director
Date: -113 1 V1
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF albf-M"k'f-
The foregoing instrument was acknowledged before me this 2 8 day
of IO _ , 2017 by Paul B. Manning, Sale Director of Riverside
Village Properties, Inc., a Virginia corporation.
Notary Public
LAUREN MICHELLE BAUK
My Commission expires: LID 11 20ki NOTARY PUBLIC
REGISTRATION # 7530960
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
Registration identification number: -15 U D OCTOBER 31, 2020
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2
19907133-145943,0001
COUNTY OF ALB ARLE, VIRGINIA
By: -
N a
Title: Interim County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Charlottesville
The foregoing instrument was acknowledged before me this 8th day
Of— March , 2017 by Douglas C. Walker, Interim County Executive, on
behalf of the County of Albemarle, Virginia.
Notary Public
My Commission expires: June 30, 2017.
Registration identification number:
Avvroved as to Form: -i
\n,D �.
C my Attorney
253994
3- 0-1'7
Date
3
19907133-145943.0001