HomeMy WebLinkAboutWPO201600062 Agreement - SWM Maintenance 2018-01-04T C
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Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.661
Date of Instrument: [1/3/2018 ]
Instrument Type: [AG ]
Number of Parcels [ 1 ]
Number of Pages [ 81
RECORD O NTY VA
ALBEM JON R. ZUG
—r r1RC'.lil� C
FILED 04, 2018
ED S
AT 08:47 am
05001
BOOK 0274
START PAGE 0282
END PAGE
201 sooa000g7
INST #
0009
TOTAL NUM PAGES
MEE
City ❑ County x ] [Albemarle County ] knox Tor ueea stamp unly)
First and Second Grantors
Last Name First Name Middle Name or Initlal Suffix
[Neighborhood Investmen]
First and Second Grantees
Last Name First Name Middle Name or_Initial Suffix
[Board of Supervisors of
Grantee Address (Name) [Board of Supervisors of Albemarle County, Virginia ]
(Address 1) [401 McIntire Road ]
(Address 2) [ ]
(City, State, Zip) [Charlottesville ] [VA ] 122902 ]
Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. recorded at: City ❑ County ® [Albemarle County ] Percent in this Juris.
Book [3350 ] Page [509 ] Instr. No [
Parcel Identification No (PIN) [03200-00-00-022K0
Tax Map Num. (if different than PIN) [
Short Property Description [North Pointe Northwest Residential Area
jVSMP WP02016-00062
Current Property Address (Address 1) [
(Address 2) [
(City, State, Zip) [ ) )
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 1
[Albemarle County CDD
[Collins Engineering, LLC
[Jennifer Pritchett
[Albemarle County Community Development Department
[401 McIntire Road
[Charlottesville ] [VA ] [22902
[ 1 [ ][
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map Parcel 03200-00-00-022KO
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between NEIGHBORHOOD
I1�STMENTS — NP, LLC, hereinafter called the "Owner," and the COUNTY OF
ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter
called the "County."
RECITALS
R-1. The Owner is the fee simple owner of certain real property described as Albemarle County
Tax Map Parcel 03200-00-00-022K0, as recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 3350, Page 509, hereinafter called the "Property"; and
R-2. The Owner is proceeding to build on and develop the Property; and
R-3. The Property is partially within the County's Municipal Separate Storm Sewer System
(hereinafter, "MS4") jurisdictional area; and
R-4. The Site Plan/Subdivision Plat identified as North Pointe Northwest Residential Area
was approved and, in conjunction therewith, a Stormwater Management Plan, identified as North
Pointe Northwest Residential Area VSMP Plan — WPO-2016-00062, hereinafter called the
"Plan," which is expressly made a part hereof, as approved or to be approved by the County, and
which provides for the detention and water quality treatment of stormwater within the confines of
the Property; and
R-5. The Plan and the land disturbing activity related thereto are subject to the Virginia
Stortnwater Management Act (Virginia Code § 62.1-44.15:24 et seq.), as implemented in part by
Chapter 17. Water Protection, of the Albemarle County Code; and
R-6. 9VAC25-870-112 and Albemarle County Code § 17-415 require the Owner and the County
to enter into this agreement in order to ensure the long-term maintenance of the permanent
stormwater management facilities and/or other techniques required to serve the Property and, for
Version: 03/31/17
those facilities within the County's MS4 jurisdictional area, 9VAC25-890-40 imposes additional
requirements, and the County implements 9VAC25-870-112 and 9VAC25-890-40 through
Albemarle County Code § 17-415 and this Agreement; and
R-7. For those facilities within the County's MS4 jurisdictional area, this Agreement also
addresses, in part, the County's obligations under Minimum Control Measure Number 5 (post -
construction stormwater management) in the Albemarle County 5-Year MS4 General Permit and
Program Plan; and
R-8. Albemarle County Code � 17-415 requires that permanent on -site stormwater management
facilities and/or other techniques, as shown on the Plan, including all pipes and channels built to
convey stormwater to and from the facilities, all structures, berms, inlet and outlet structures, pond
areas, filtration media, and forested and open space areas (which are considered to be a
nonstructural technique to meet stormwater management requirements), provided to control the
quantity and quality of the stormwater, access roads, and any other improvement that may affect the
proper functioning of the Facilities (hereinafter, "stormwater management facilities and other
techniques" are referred to individually as a "Facility" and collectively the "Facilities") be
constructed and adequately maintained by the Owner in perpetuity.
In consideration of the foregoing premises, the mutual covenants contained herein, and the
following terms and conditions, the parties hereto agree as follows:
1. Obligation of the Owner to eon�tmct the Facilities. The Owner shall construct and
protect the Facilities that are required to be constructed, and shall do so in accordance with the
Virginia. Stormwater Management Act plans and specifications identified in the Plan.
2. Obligation of the Owner to maintain the Facilities. The Owner shall maintain the
Facilities in good working condition for so long as the Facilities exist, in a manner that meets or
exceeds the maintenance standards provided herein, subject to the following.
A. "Good working condition" defined. For the purposes of this Agreement, a Facility is
in "good working condition" when it performs its design function in accordance with the plans and
specifications identified in the Plan, including all conditions imposed in conjunction with approval
of the Plan, and complies with all applicable standards, as determined by the Albemarle County
Engineer (hereinafter, the "County Engineer").
B. "Maintain and maintenance" defined. For the purposes of this Agreement,
"maintain!' and "maintenance" include, but are not limited to maintaining, repairing, replacing,
reconstructing, preserving, and restoring the Facilities or any part thereof necessary to comply with
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the plans and specifications identified in the Plan.
C. Maintenance schedule. The Owner shall maintain the Facilities in compliance with the
maintenance schedule in the approved Plans as required under Albemarle County Code § 17-
403(A) (5).
D. Professional engineer may be required o direct work. The County Engineer may
require that specific maintenance work be performed under the direction of a professional engineer.
3. Ins ections and the Inspection Report by the Owner. The Owner shall have the
Facilities inspected to ensure that the Facilities are in good working condition, subject to the
following:
A. Who may insl2ect the Facilities. The Facilities shall be inspected by the Owner or
upon written demand by the County Engineer by a person who: (1) is licensed as a professional
engineer, architect, landscape architect, or land surveyor pursuant to Virginia Code § 54.1-400 et seq.;
(2) works under the direction and oversight of the licensed professional engineer, architect,
landscape architect, or land surveyor referenced in subsection (A)(1); or (3) who holds an
appropriate certificate of competence from the State Water Control Board.
B. What must be inspected. The inspections shall be conducted according to the
requirements of 9VAC25-870, et seq. or as that section is hereafter amended.
C. When inspeCtions shall be conducted. The Facilities shall be inspected as specified in
the approved Plans or by the County Engineer.
D. What documents must be maintained. The inspection shall be documented on a
form provided by the County Engineer and shall be completed to the satisfaction of the County
Engineer (hereinafter, the "Inspection Report"). At a minimum, the Inspection Report shall provide,
as applicable, the date of the inspection, the name of the inspector, a description of the condition of
all pipes and channels built to convey stormwater to and from the facilities, all structures, berms,
inlet and outlet structures, pond areas, filtration media, forested and open space, vegetation provided
to control the quantity and quality of the stormwater, access roads, and any other improvement that
may affect the proper functioning of the Facilities, a list of all deficiencies causing the Facilities not
to be in good working condition, including all control measures not operating effectively and all
control measures that are inadequate, a list of required maintenance work to be performed so that
the Facilities are restored to good working condition, and the date by which the maintenance work
will be performed.
E. To whom and when an Inspection Report must be submitted. The Owner shall
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submit the Inspection Report and any other requested inspected documentation to the Director,
Albemarle County Department of Facilities and Environmental Services, 401 McIntire Road,
Charlottesville, Virginia 22902 or a successor department, office and address delineated by the
County to the Owner. The Owner shall provide the Inspection Report to the Department within
thirty (30) days after completion of the inspection.
F. Section 3 satisfied if County conducts inspection in any y. ar. The Owner's
obligation to have the Facilities inspected and to submit an Inspection Report under Section 3 shall
be deemed to be satisfied in any inspection period in which the County conducts an inspection
under Section 4 and as provided in Albemarle County Code § 17-811.
G. Inspection Period defined. For the purposes of this Agreement, inspection period
means the one-year period beginning and ending on the anniversary of the date of this Agreement
first hereinabove written.
4. Permission to the County to inspect the Facilities. The Owner hereby grants permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the Facilities whenever the County deems an inspection to be necessary, subject to the
following:
A. Purposes for County inspection. The County may inspect the Facilities for the
purpose of determining the condition of the Facilities including, but not limited to, determining
whether the Facilities are in good working condition, investigating any deficiencies reported in the
Inspection Report, responding to citizen complaints about the Facilities, and inspecting or observing
any maintenance of the Facilities.
B. Prior notice to the Owner not required. The County shall not be required to provide
prior notice to the Owner to enter the Property to conduct the inspection.
C. Inspection findit= and demand for mainjenance. The County shall provide the
Owner with a copy of the findings of its inspection of the Facilities. If the inspection concludes that
maintenance of any of the Facilities is required, the County also shall provide the Owner with a
demand that the Owner maintain the Facilities and the date by which the maintenance work must be
completed.
5. The Owner's response to the Inspection, the Inspection Report or the County
demand for maintenance. The Owner shall comply with the following:
A. Corrective action. If the inspection identifies the need for a corrective action, it shall, be
completed as follows: (i) if the Albemarle County Engineer determines, in their sole discretion, that
4
Version: 03/31/17
failure to implement the corrective action creates an imminent or potentially imminent threat to the
public health or safety, the Owner shall complete corrective action as soon as practicable, but no
later than seven (7) days after discovery; (ii) if an inspection identifies a Facility that is not operating
effectively, but is not an imminent or potentially imminent threat to the public health or safety, the
Owner shall complete corrective action as soon as practicable, but no later than sixty (60) days after
discovery or a longer period allowed in writing by the County Engineer; (iii) if an inspection
identifies an existing Facility that needs to be modified or if an additional control measure is
necessary, implementation shall be completed prior to the next anticipated measureable storm event;
if implementation before the next anticipated measureable storm event is impractical, then it shall be
implemented no later than sixty (60) days after discovery or a longer period allowed in writing by the
County Engineer. The terns "control measure" means any best management practice or stormwater
facility, or other method used to minimize the discharge of pollutants to State waters, or otherwise
restrict or alter the hydraulics of stormwater flow and discharge.
B. Maintenance. If the Inspection Report under Section 3 or the inspection conducted by
the County under Section 4 identifies Facility deficiencies, the Owner shall promptly complete the
maintenance work by the date specified in the Inspection Report or as demanded by the County.
When the maintenance work is completed, the person performing or directing the work shall certify
to the County that the Facilities are in good working condition.
6. Right of the Countyenter the Empei1y to maintain the Facilities. If the Owner fails
to maintain the Facilities in good working condition as required by Section 2 or fails to complete
timely maintenance work as required by Section 5, the County, including its authorized agents and
employees, may enter upon the Property and take whatever steps necessW to bring the Facilities
into good working condition and to otherwise correct all deficiencies identified in the Inspection
Report under Section 3 or the inspection conducted by the County under Section 4, subject to the
following:
A. No right to ercct permanent structures; exceptions. The County's right to take
"whatever steps necessary" shall not be construed to allow the County to erect any structure of a
permanent nature on the Property unless: (1) the structure is required to ensure that the Facilities
perform their design functions; or (2) it is a structure to house equipment to monitor the Facilities
and any fencing related thereto.
B. Counly not Qhligated to maintain the Facifities. It is expressly understood and
agreed that the County is under no obligation to repair or otherwise maintain the Facilities, and in
5
Version: 03/31/17
no event shall this Agreement be construed to impose any such obligation on the County.
7. Right of the lcounjy to charge the Owner for its costs of maintenance-, obligation of
the Owner to reimburse the CovAty. If the County performs any maintenance work on the
Facilities under Section 6, it will charge to the Owner all of the County's costs including, but not
limited to, those costs for labor, equipment, supplies, materials, and project or contract
administration. The Owner shall reimburse the County for its costs, subject to the following:
A. Written demand. The County shall send to the Owner a written demand for payment
of all of its costs. The demand may be sent by first class mail to the address to which County real
property tax bills are mailed or to another address provided by the Owner to the County.
B. Timely a ent. The Owner shall reimburse the County for the costs identified in the
County's written demand within thirty (30) days after the date of the written demand.
C. Collection by County. The County may collect any amount not timely reimbursed by
the Owner in any manner authorized by law and may place alien against the Property in the amount
of the non -reimbursed costs, plus interest at the rate authorized by law.
8. Obligation of the Owner to indemnify and hold harmless the Counly. The following
shall apply to this Agreement:
A. No Commliabilily. This Agreement imposes no liability of any kind whatsoever on
the County, including its agents, officers and employees.
B. Obligation of the Owner to indemnify and hold harmless. The Owner shall
indemnify and hold harmless the County, including its agents, officers and employees, for any and all
damages, accidents, casualties, occurrences or claims which might arise or be asserted against the
County, including its agents, officers and employees, resulting from the failure of the Facilities to
perform their design function or to otherwise operate properly; any repairs, maintenance,
construction, or any other acts performed by the County or the Owner, including their respective
agents, officers and employees, related to the Facilities, regardless of how those acts were performed
except if the County's acts are the product of willful misconduct; or the Facilities' existence.
C. Notice of and defense of actions. If a claim is asserted against the County, including
its agents, officers and employees, based upon any of the indemnities in subsection (B), the County
shall promptly notify the Owner of the claim. The Owner shall defend, at its expense, any lawsuit or
other action arising therefrom. If, as a result of a claim, any judgment is allowed against the County,
its agents, officers and employees, or any of them, the Owner shall pay all damages, costs, expenses
and fees associated with the judgment.
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9. References to County departments and ,officers; successors. Any reference in this
Agreement to a County department or office includes its successor department or office as
determined by the County.
10, Covenant running with the land. This Agreement shall be recorded by the County in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, shall constitute a covenant
running with the land, and shall be binding on the Owner, its administrators, executors, assigns,
heirs and any other successors in interests, including any homeowners' association.
11. Date of this Agreement. This Agreement shall be deemed to have been entered into by the
parties and shall be effective on and after the date it is signed by the Albemarle County Executive.
WITNESS the following signatures:
OWNER:
NEIGHBORHOOD INVESTMENTS — NP, LLC
?Richard 1' Spurze
Manager
COMMONWEALTH OF VIRGINIA
�OUNTY OF Gh.►r ro fibs �� 11�
The foregoing instrument was acknowledged before me this 3o day of / �'6"�'
2-017by Richard T. Spurzem, Manager. on behalf of Neighborhood Investments — NP, LLC.
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SIGNATURES CONTINUE ON THE FOLLOWING PAGE
7
Version: 03/31/17
• Jji -V16r •
County Executive
COMMONWEALTH OF VIRGINIA
CITY/CA4UNTY OF N 9L �c &5
VIRGINIA
The foregoing instrument was acknowledged before me this, day of3CC? 71 & i" ,
�} by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia.
My Commission Expire ' 'X-k- c
Approved as to Form:
Az a*-L" y
Notary Public
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INSTRUMENT #201800000097
RECORDED ALBEMARLE CO CIRCUIT COURT CL ERtCS OFFICE
Jan 04, 2018 AT 0 *47 MEL3
JON R. 7UG, CLERK Y
BOOK 05001 PAGE 0274 - 00282
Version: 03/31/17