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Home My WebLink AboutWPO201200087 Stormwater Management Maintenance Agree. SWM/BMP Facilities Maintenance Agreement 2014-01-22 4 Instrument Control Number 0 O 0 6 5 2 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A liii ISI 1111 I 1111111111111 II IIIHII 0 Doc ID: 032801270004 Type: DEE [ILS VLR Cover Sheet Agent 1.0.66] Recorded: 01/23/2014 at 01:46:10 PM Fee Amt: $17.00 Page 1 of 4 Albemarle County, VA Debra M. Shipp Ciruit Clerk T C Date of Instrument: [1/22/2014 ] File# 2014-00000652 X R Instrument Type: [AG ] BK4456 PG205-208 P E Number of Parcels [ 1] X Number of Pages [ 3] E (Box for Deed Stamp M City 1 1 County x [Albemarle County ] Only) P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix _ [Albemarle Health Care ] [ ] [ ] [ ] n [ ][ ][ ][ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix _x- n [Board of Supervisors of ][ ][ ][ ] nn [ ][ ] [ ][ ] Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA ] [22902 ] Consideration[0.00 ] Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at:City 1 1 County 1 x I [Albemarle County ] Percent. in this Juris. [ 100] Book [4425 ] Page [325 ] Instr. No [ ] Parcel Identification No(PIN) [ ] Tax Map Num. (if different than PIN) [09100-00-00-01200 ] Short Property Description [Albemarle Health & Rehabilitation Center ] [WPO-2012-00087 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ][ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [Shimp Engineering P.C. ] Return Recording to (Name) [Ana D. Kilmer ] (Address 1) [Albemarle County Community Development Department ] (Address 2) [401 McIntire Road-North Wing ] (City,State,Zip) [Charlottesville ][VA ][22902 ] Customer Case ID [ ] [ ][ ] N1111rCover Sheet Page#1 of 1 I STORMWATER MANAGEMENT/BMP FACILITIES Mlnilyty3NTEE AGREEMENT THIS AGREEMENT, made and entered into this Z® day of NOGG drl , Z 13,by and between Albemarle Health Care Center, 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 Albemarle County Tax Map/Parcel 09100-00-00-01200 as recorded by deed in the land records of Albemarle County,Virginia, Deed Book/Page 4425/325 , 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 Albemarle Health&Rehabilitation Center , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO)Plan described as Final Site Development Plan for Albemarle Health &Rehabilitation Center Tax Map 91, Parcel 12-WPO-2012-00087 (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 temls 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. - 1 - 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. - 2 - Prepared by County of Albemarle Department Community Development Revised September 18,2012 WITNESS the following signatures and seals: Albemarle Health Care Center, LLC, a Virginia limited liability company By: Medical Facilities of America, Inc., its Manager Company/Corpoorati•n/Partnership Name (Seal) 4/-A/rv" By: William H. Fralin, Jr. (Type Name) President and CEO 9 (Type Title) STATE OF V 1t(�1'\la-, CITY OUNT 0 OF 2\'Mtn 0(")€. The foregoing Agreement was acknowledged before me this .---) OL'day of Dce Abe r , 20 t3 ,by William H. Fralin, Jr. ,,,��%""►+,,, (11/14eA/k.rh.,0„-Lcul • oTA,.-, ..,\,-.., ,:.- 0.. .,. .,,,,_ .. ...... NOTARY PUBLIC = = l� ,k . �,�, . *- My Commission Expires: OZ(ZQ�(ZQ A = U dG : COUNTY OF ALBEMARLE, VIRGINIA '-k '• *.2�`b :•'Q-, By: �j.1,�,1443 C. RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON Thomas C. Foley JANUARY 23,2014 at 1:46:10 PM AS REQUIRED BY VA CODE §58.1-802 (Type Name) ST TE:$0.00 LOCAL:$0.00 County Executive Ai:EMARLE COUNTY,VA � B:AM.SHIP CHIT (Type Title) -�- t. �� STATE OF Virginiaor CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this / - day of January , 20 14 , by Thomas C. Foley 4taAtt. i 4 i--7.4,&44.„(z) „,,!,,,,,,,,„„ NOTARY PUBL1'OL)• MU '%, My Commission Expires: June 30, 2017 .1„.�,�`` '' ' / ':' �wS ��STA Y CP Approved as to Form: 4j- 'i /y PURL c ount Attbtney Date r'- ,' , 6.�"a�' ' - 3 - Prepared by County of Albemarle Department;ComtriunityDevelopment Revised September 18,2012 Albemarle County, VA Ueord N. Shipp C1rUit Clerk �Ol East Jefferson 8t. u70tteSV1ll8' VA 22902 1-7ODe Number: /434`977-4083 Fax Number: (434)293-0298 Official Receipt: 2014-00000829 Printed On 01/23/2014 at 01 '45'53 PM SHIMP Date Recorded: 01/23/2014 Instrument ID _Recorded Time__ _ _Amount Bk 4456 Pg 20-57 01 :46:TO- PM IFTTO-0 File No. 2014-00000652 AG- AGREEMENT GRANTOR:ALBEMARLE HEALTH CARE CENTER. LLC EX:N GRANTEE:BDARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA EX:Y Add[2GG2: City/State/Zip: ALBEMARLE HEALTH & REHABILITATION CoDSiderutiOD:$0.00 „ . Assumption: L0Ca|ity:CO pr:8Ot'lOO 00% Pages:3 ' ' - Names: Accounts Amount .w/- 039- DEE ��NTRACT8 $14.50 $0.00 213- COON, TAX NTEE ' �0 0O 145- VSLF ' $1.50 106- TECH�. /GY TRUST FUND FEE $0.00' 035 - OPEN .,PACEPHE3BRYATI�� $lO0 z--- --- ---- --Iteed Check ' 'stingCheCk # 14851-] $17.00 Total Due: ----' — --- � 10 Paid By Check: $l/ - Change Tendered: VISIT US ON THE NE? AT -`. Instrument Control Number 003439 Commonwealth of Virginia 1111 Mil 1111 I 1111111111111 III 11I Land Record Instruments Doc ID: 032879870005 Type: DEE Recorded: 04/18/2014 at 01:35:30 PM Cover Sheet - Form A Fee Amt: $17.00 Page 1 of 5 Albemarle County, VA Debra M. Shipp Ciruit Clerk [ILS VLR Cover Sheet Agent 1.0.66] File# 2014-00003439 BK4481 PG306-310 T C Date of Instrument: [4/18/2014 ] A O Instrument Type: [AMEND ] X R P E Number of Parcels [ 1] X Number of Pages [ 4] E (Box for Deed Stamp Only) M City County x [Albemarle County ] p First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Albemarle Health Care ][ ][ ] [ ] I II 1 [ ][ ][ ] [ l First and Second Grantees Last Name First Name Middle Name or Initial Suffix Lx. [Board of Supervisors of ][ ] [ l[ ] 1I 1 [ l[ l[ l[ ] Grantee Address (Name) [Board of Supervisors of Albemarle County Virginia ] (Address 1) [401 McIntire Road ] (Address 2) [ ] (City,State,Zip) [Charlottesville ] [VA ] [22902 ] Consideration[0.00 ] Existing Debt[0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City I I County x [Albemarle County ] Percent. in this Juris. [ 100] Book [4456 ] Page [205 ] Instr. No [ ] Parcel Identification No(PIN) [09100-00-00-01200 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Albemarle Health & Rehabilitation Center ] [WPO-2012-00087 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City,State,Zip) [ ][ ] [ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [Hirschler Fleischer ] Return Recording to (Name) t0 .,Tel;, ] (Address 1) el ,srM q e, _a.,4;na i v; 'ili wi,05,vt3 y', (Address 2) ''.: tw a 1: . i;:af A 3 ing l (City,State,Zip) [Charlottesville ][VA ][22902 ] Customer Case ID [ ] [ ][ ] 111111 . Cover Sheet Page#1 of 1 4�� V , Prepared by and return to: Hirschler Fleischer, PC P.O.Box 500 Richmond,VA 23218 GPIN: 09100-00-00-01200 FIRST AMENDMENT TO STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO STORMWATER MANAGEMENT/BMP FACILITIES MAINTENANCE AGREEMENT ("Amendment") is made this 9th day of April, 2014 between the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA(the "County") (grantee for indexing purposes) and ALBEMARLE HEALTH CARE CENTER, LLC, a Virginia limited liability company ("AHCC") (grantor for indexing purposes). WITNESSETH: WHEREAS, the County and AHCC entered into that certain Stormwater Management/BMP Facilities Maintenance Agreement dated December 20, 2013 and recorded in the Circuit Court Clerk's Office for Albemarle County (the "Clerk's Office") in Deed Book 4456, page 205 (the "Agreement"). WHEREAS, Sections 7 and 8 of the Agreement obligate AHCC or its successor in interest, to indemnify the County for certain events as more specifically identified in Sections 7 and 8. WHEREAS, AHCC is developing portions of the Property (as defined in the Agreement) as a skilled nursing and rehabilitation facility. In connection therewith, AHCC has or will obtain a loan which loan is to be insured by the Secretary of Housing and Urban Development("HUD") pursuant to the National Housing Act, as amended. In the event of a default by AHCC under the loan, HUD could foreclose on the deed of trust securing the loan and become a successor to AHCC. WHEREAS, HUD has advised AHCC that the indemnification obligations in Sections 7 and 8 of the Agreement violate the Federal Anti-Deficiency Act and has requested that it be released from any liability thereunder. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County hereby agrees as follows: 1. Section 7 of the Agreement is deleted in its entirety and replaced with the following: 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, 1 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. Any such costs not reimbursed shall become a lien on the Property and shall run with the land. Any such lien shall be subject to collection thereafter from any Landowner other the United States Department of Housing and Urban Development(HUD). 2. Section 8 of the Agreement is deleted in its entirety and replaced with the following: 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 facilities fail to operate properly. If any such liability is incurred while HUD is a Landowner of the subject Property, such liability shall constitute a lien on the Property and shall run with the land. Any such lien shall be subject to collection thereafter from any Landowner other than HUD. 3. Ratification. Except as expressly modified hereby, the Agreement is hereby ratified and confirmed and shall remain in full force and effect. [signatures on following pages] 2 9 THE COUNTY OF ALBEMARLE, VIRGINIA By: C 43-6'13 ---- Name: Thomas C. Foley Title: oil-y EVec(Ai /tit— COMMONWEALTH i,tt— COMMONWEALTH OF VIRGINIA COUNTY/CITY OF (Aar/ 5,1'r ll C.. , to-wit: The foregoing instrument was acknowledged before me this / day of V, / , 2014 by "Therm s C 6, 1e i as Ceti 0 h1,1 E xe e ,, ,c,E, on be alf the County of Albemarle, Virginia. My commission expires: 1' c o'cs ' )0> 7 Notary registration no.: 67"61. j L?Gx,..., Irk ✓ (.4 Notary Public [SEAL] o```as\v��t°U?' ° Ad `� ® ',,--:- Approved as to form: := �;°- ' 1�.,,� °' r. n: t,:... s r. n , p'11 AlJdo-- - = : '-'' .--. : = 3 ALBEMARLE HEALTH CARE CENTER, LLC a Virginia limited liability company By: Medical Facilities of America, Inc., a Virginia corporation, its manager By: 7' William H. ra , Jr. President& CEO COMMONWEALTH OF VIRGINIA CITY/COUNTY OF iLr t u , to-wit: The foregoing instrument was acknowledged before me this `}' day of April, 2014 by William H. Fralin, Jr., President& CEO of Medical Facilities of America, Inc., a Virginia corporation, in its capacity as manager of Albemarle Health Care Center, LLC, a Virginia limited liability company, on behalf of the company. My commission expires: xi 3a 1 zo Notary registration no.: z Notary Public [SEAL] 5622193-1 026168.02119 * moo® c"' 0,0tiy—P i 7 ••<Fn 70 '• ' / i t IT RECORDED IN CLERKS OFFICE OF ALBEMARLE ON APRIL 18,2014 at 1:35:30 PM AS REQUIRED BY VA CODE §58.1-802 STAT : " .e' LOCAL:$0.00 fZR COUNTY,VA D.'-',sect. 4(P. P' CIRUIT CLERK C3G 4