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Home My WebLink AboutWPO201700034 Stormwater Management Maintenance Agree. 2017-09-26 (3)I Elm E Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VI_R Cover Sheet Agent 1.0.66] Date of Instrument: [9/26/2017 Instrument Type: [AG Number of Parcels 21 Aumber of Pages N FILED Sep 26, 2017 AT 09: 10 am BOOK 04964 START PAGE 0107 END PAGE 0116 INST # 201700011145 TOTAL NUM PAGES 0010 LM it [:] Countyx [Accomack County ] (Box for Deed Stamp Only) First and cand Grantors Middle IName or Initial Suffix [RMC7, LLC First and Second Grantees i are Ilrst are Middle Namie or Initial suffil [i pard of Supervisors of Grantee Address (Name) [Board of Supervisors of AIrnarle County, Virginia (Address 1) [401 McIntire Road (Address 2) 1 (City, State, Zip) [Charlottesville ] [VA 1 [22902 Consideration [0.00 ] Existing Debt [0.00 Assumption Balance [0.00 * ... . 0_1M(lil [Albemarle County I Percent. In this Juris. A Book �[4732 ] Pag_-i Parcel Idencation No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current PropertyAddress (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) [323 ] Instr. No [06000-00-00-002A1 [West "View Farm Driveway, Adaition, ii4s Property Improvement [Albemarle County CDD [McCallum & Kudravetz, P.C. [Jennifer Pritchett [Aftemarle G*YMy Cit-mmyrifty lavy6l.sAm&i5t [401 McIntire Road -North Wing [Charlottesville [VA ] [22902 1001 t Instrument Control Number I Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of! t: [9/2612017 A R R 0 Instrument Type: [AG X A A R N N P Number of Parcels 21 E T T X 0 E Number of Pages[ 8] E R E CItyE1Countyfj] [Accomack County (Box for Deed Stamp Only) M Grantors/Grantess/Parcup Continuation Form C P T L a i m --- Mld.d.le Name or Initial_=. sufrix 1-1 El EJ Ej F -i EJ 1:1 Ej EI 0 El E] Prior Instr. Recorded at: City El CountyFx] [Albemaria County Percent. in this Jurls. 100] Book [4957 ] Page [479 1 Instr. No Parcel Identification No (PIN) [06000-00-00-002A2 Tax Map Num. (If different then PIN) [ Short Property Description [West View Farm Driveway, Addition, & Property Improvements Current PropertyAddress (Address 1) (Address 2) (City, S'tate, Zip) Prior Instr. Recorded at: City El County 1:1 Percent. in this Juris. Book [ I Page Instr. No Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, State, Zip) Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 111! 111 HJUSri NITINIT4105= AGREEMENT TO MAINTAIN THIS AGREEMENT is entered into by and between RMC7, LI -C, a Virginia limited liability company, hereinafter called the "Owner," and the COUNTY OF ALBEMARLE, VIRGINIAa 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 Parcels 06000-00-00-002A1 and 06000-00-00-002A2, as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 4732, pages 323-327, LESS and EXCEPT that certain 1.39 acre parcel of real property described as *Parcel `X' on a Plat attached to ate Deed of Gift recorded in the aforesaid Clerk's Office, Deed Book 4957, pages 479-484, hereinafter called the "Property"; and R-2. Ile Owner is proceeding to build on and develop the Property; and R-3. The Property is not within the County's Municipal Separate to Sewer System (hereinafter, "MS4?) jurisdictional area; and R-4. The Site Plan identified as West View Farm Driveway, Addition, & Property Improvements, was approved and, in conjunction therewith, a Storinwater Management Plan, identified as West View Farm Driveway, Addition, & Property Improvements — WPO -2017-00034, hereinafter called the` ," 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 treaunent of stormwater within the confines of the Prop"; and R-5. The Plan and the land disturbing activity related thereto are subject to the Virginia Stormwater Management Act (Virginia Code 5 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 mamtenance of the permanent 0 N stormwater management facilities and/or other techniques required to serve the Property and, for those facilities within the Ca MS4 jurisdictional area, 9VAC25-890-40 imposes additional requirements, and the County unplements 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 11 convey stormwater to and from the facilities, all structures, ber=, inlet and outlet structures, po areas, filtration media, and forested and open space areas (which ate considered to be nonstructural technique to meet stormwater management requirements), provided to control nt that ma -V affect proper functioning of the Facilifies (hereinafter, "stormwater management facilities and otJ h techniques" ate referred to individually as a "Facility" and collectively the 'Tacilities'� constructed and adequately maintained by the Owner in perpetuity. In consideration of the foregoing premises, the mutual covenants contained herein, and following terms and conditions, the parties hereto agree as follows: 1. Obligation of the Owner to construct the Facifi'_ca. The Owner shall construct and protect the Facilities that are required to be constructed, and shall do so in accordance with the Virginia Stormwatet Management Act plans and specifications identified in the Plan. 2. ilities. 1he 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. !TzoD_dmorlcing&ondition" 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 i County Engineer (hereinafter, the "County Engineerl. Alin -And maintenance" defined. For the purposes of this Agreement, "maintain" and ■ include, but are not limited to maintaining, repairing, replacing, N reconstructing, preserving, and restoring the Facilities or any part thereof necessary to comply with 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 5 17- 403(A)(5). D. The County Engineer may require that specific maintenance or be performed under the direction of a professional engineer. 3. Insvections and the Inspection R;pQA—bX-Am—Qnmer. The Owner shall have the Facilities inspected to ensure that the Facilities are in good working condition, subject to the following. A.o a ins act a aci Wties.The Facties 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 el seq.; (2) works under the direction and oversight of the licensed professional engineer, arclritect, landscape architect, or Lind 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. The Facilities shall be inspected as specified in the approved Plans or by the County Engineer. D. What documents must be maintaine . 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 storinwater to and from the facilities, all structures, berms, inlet and outlet structures ond areas, filtration me , tnqed 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. C E. To whom and MLh&n an Insnection Renort must be subrnitted. The Owner shall submit the Inspection Report and any other requested inspected documentation to the Director, Albemarle County Department of Facties 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 Deparunent within thirty (30) as after completion of the inspection. F. Section 3satin d i a y carr xxe a i ectitan an veal.The Ownees 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. InsDection 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 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- Eu-Mo—se—s—fcar —CmLn-V—ins ccUo-n-. The County may inspect the Facilities for the purpose of determining the condition of the Facilities including, but not Emited to, determining whether the Facilities are in good working condition, investigating my 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 OwnaLgaucquimd. fhe County shall not be required to provide prior notice to the Owner to enter the property to conduct the inspection. C. Ins ection I i The County shall provide the Owner with a copy of the flndings 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 or must be completed. 5. dcMand -for mgi=nance. The Owner shall comply with the following: A. Corrective action. If the inspection identifies the need for a corrective action, its be 0 11!�� 111111111111;J1111111111 1111111111111111�1 I 1111111111111 IpIII111111111 (ii) if an inspection identes a Facty 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 not later than sixty (60) days after discovery or a longer 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 n anticipated measuteable storm event, if implementation before the next anticipated measureab storm event is impractical, then it shall be implemented no later than sixty (60) days after disco or a longer period allowed in writing by the County Engineer. The term "control measure" me any best management practice or stortnwater facty, or other method used to minimize t wat discharge of pollutants to State waters, or otherwise restrict or alter the hydraulics of stotm I 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 or is completed, the person performing or directing the work shall certify to maintain the Facilities in good working condition as required by Section 2 or fails to comple' timely maintenance work as required by Section 5, the County, including its authorized agents employees, may enter upon the Prop" and take whatever stiMs necessM to bring the Fa into good working condition and to otherwise correct all deficiencies identified in the Inspectl- Re to port under Section 3 or the inspection conducted by the County under Section 4, subject following: A. 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 M =1111111111111111�1111 I I I ! I I I I I I .11 A . I I MI I � M-1 I IM iffliffill"IFIFIER RIMINI III WMIM onMWOMM. --PTV1M=--MTW=- M # , f =MPMMM , M the Owner to reimburse 1& CgH . If the County performs any maintenance work on Facilities under Section 6, it will charge to the Owner all of the Countys costs including, but n limited to those costs for labor, equipment, supplies, materials, and project or contra administration. 1he Owner shallreimburse the County for its costs, subject to the following: I 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 mailled or to another address provided by the Owner to the County. Ili Timek 12aMent. 1he Owner shall reimburse the County for the costs identified in the 11 111111111111 IIIIIIIIIIIIF in 0 1 11,11 11 If KiNg C. Collection by Co . The County may collect any amount not timely reimbursed by .............. ELI = Mil indemnify and hold harmless the County, including its agents, officers and employees, for any and A— damages, accidents, casualties, occurrences or claims which might arise or be asserted against County, including its agents, officers and employees, resulting from the failure of the Facilities] 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 resi; agents, officers and employees, related to the Facilities, regardless of how those acts were performei ZPALS2111111 1 1111111 1 In III IIIIIIIIJIlPITM ir, IIJI 1111111 Jill 11111111111111111111111111 IIIII IIIII 1 6 - 2 shall promptly notify the Owner of the claim. Ile 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, die Owner shall pay all damages, costs, expenses and fees associated with the judgment. 9. Rgekerecnct�sa_famnW de :) -iQ �[offl�qers-esso . Any reference in d-iis Agreement to a County department or office includes its successor department or office as a a 0 1�1111 I I , I ... . I ...... " I I -- - Clerk's Office of the Circuit Court of Albemarle County, Vi4ntia, shall constitute a covenam running with the land, and shaR be binding on the Owner, its administrators, executors, assigns, I- irs and any other successors in interests, including any homeowners' association. 11. Date of this AgLeeme . This Agreement shall be deemed to have been entered into by the 11111111111 11 111 111 Is � 11� IIIII a,1111111 0 a 5T I . , RMC7, LLC, a Virginia limited liability company By� Timothy S. Davis, Manager COMMONWEALTH OFnRGINIA, CITY �� OF to wit: The foregoing instrument was acknowledged before me this �day 2017 by Timothy S. Davis, in his capacity as Manager for RMC7, LLC, a Virginia lAimi d liability company. MY commission expires: Rb—pl—T Registration Numberjj&t3a Nota Public Public G RAq416 ."NOTARY PUBLIC REG °I7&430 MY CC)MMIS510,4 0 EXPIRES 7 ALTO poppolls., COMMONWEALTH OF VIRGINIA C=/Geutm OF 4haz " C Ad F The foregoing instrument was acknowledged before me this,14 day of 0If the Board7—f -u-p-e-rvisors f o Ly by Douglas C. Walker, Inteiirn County Executive, on beha of o Albemarle County, Virginia. B fd 140TAR, #25 Notary Pubilic My Commission Expires�KL&e .100 Registration Number: q- 20 - 1-7 *Cty Attorney Date M IMSTRuMENT*20170=1146 0 CIRCLOT CWRT CLERW5 OFFICE Sep 26,2017 AT 09:10 am j0N R. 7 -UG, CLERK by MEB BOOK04964 PAGE 010-r -001101' Instrument# Book/Page 1st Grantor: Ist Grantee: Description: Official Receipt Albemarle Circuit Court Jon R. Zug 501 E. Jefferson St o X e s- w! �e, A W 2 2-9 LO 2 (434) 972-4083 Cashier: MEB AG Receipt 201700011145 Date 04964 / 0107-00116 Pages 10 Documen RMC7 LLC Ex &I C. WEST VIEW FARM DRIVEWAY, ADDITION, & PROPERTY IMPROVEMENTS USIA �-1 I M Consideration: 0.00 Assumed Value: 0.00 Pct: 100.00% 1st City: Y Item # Description Unit'Cost 035 \ibF-'- -Qty 1 11.06 301 Clerk 1-1 Pages 1 14.50 145 VSLA 1 1.50 106 TTF 1 U0 — — - -------- I ---------------------------------------------- ---------- - - - - - - - - - �Document I HE= Em�= ARMUM 1.00 14.50 1.50 0�100 17.010