HomeMy WebLinkAboutSUB201700186 Easements 2018-03-09201800002434.001
T C
A O
X R
P
E
X
E
M
P
T
011111111
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument: [3/9/2018 J
Instrument Type: [DOD-PL ]
Number of Parcels [ 1 ]
Number of Pages [ 15] _______
RECORDED IN
ALBEMARLE COUNTY, VA
JON R. ZUG
CLERK OF CIRCUIT COUgT
FILED Mar 09, 2018
AT 03.52 pm
BOOK 05021
START PAGE 0454
END PAGE 0469
I N S T # 201800002434
TOTAL NUM PAGES 0016
E MJ
-----------------------------------------------
(Box for Deed St m Onl )
City ❑ County ❑x [Albemarle County ] a p Y
First and Second Grantors
Last Name
First Name Middle Name or Initial Suffix
[Univeristy of Virginia Fo ] [
] [ ] [ ]
First and Second Grantees
Last Name
First Name Middle Name or Initial Suffix
[County of Albemarle, Vir ] [
] [ ] [ ]
Grantee Address (Name)
[County of Albemarle, 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 ❑ County ❑ [ ] Percent. in this Juris. [ 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [07500-00-00-06300 ]
Tax Map Num. (if different than PIN) [07500-00-00-06300 ]
Short Property Description [ ]
[ ]
Current Property Address (Address 1) [410 Golf Course Drive ]
(Address 2) [ ]
(City, State, Zip) [Charlottesville ] [VA ] [22903 ]
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
[Scott Kroner PLC
[Scott Kroner PLC
[Scott Kroner PLC
[418 East Water Street
[Charlottesville
I I
] [VA ] [22902
]1
201800002434.002
Version: 02/02/17
This document was prepared by:
Connor J. Childress
Scott Kroner, PLC
418 E Water Street
Charlottesville, Virginia 22902
Tax Map Parcel: 07500-00-00-06300
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF EASEMENT is made this (�+A day of March; 2018, by and between
UNIVERSITY OF VIRGINIA FOUNDATION, a Virginia corporation, referred to herein as
"Grantor," and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, referred to herein as "Grantee."
WITNESS:
WHEREAS, the Grantor is the owner of that certain real property (hereinafter the
"Property") located in Albemarle County, Virginia, more particularly described as follows:
That certain real property shown and designated as "Stormwater Management
Facility Easement 14600 sq. ft. 0.335 acres," and "Stormwater Management
Facility Easement 8810 sq. ft. 0.202 acres" entitled "Plat of a Stormwater
Management Facility Easements across the property of University of Virginia
Foundation TM 75-63, Sam Miller District — Albemarle County — Virginia,"
a copy of which is attached hereto as Exhibit A and is to be recorded with this
deed (hereinafter, the "Plat"). Reference is made to the Plat for a more
particular description of the easements conveyed herein.
WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Virginia have
entered into an agreement entitled "Agreement to Maintain Stormwater Management Facilities
and Other Techniques" (hereinafter, the "Maintenance Agreement"), a fully executed copy of
which is attached to this deed as Exhibit B, in which the Grantor has agreed to construct and
maintain on -site stormwater management/BMP facilities; and
WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission
to the County, including its authorized agents and employees, to enter upon the Property and to
inspect the stormwater management/BMP facilities whenever the County deems necessary; and
the Maintenance Agreement also provides in part that, in the event the Grantor, its successors
and assigns, fails to maintain the stormwater management/BMP facilities in good condition
acceptable to the County, the County may enter upon the Property and take whatever steps
necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencies.
WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an
Easement for public use in accordance with this Deed of Dedication and Easement.
201800002434.003
NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00). cash
in hand paid, and other good and valuable consideration; the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with
GENERALWARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its
successors and assigns, perpetual easements as shown on the Plat as "Stormwater Management
Facility Easement 14600 sq. ft.," and "Stormwater Management Facility Easement 8810 sq. ft." as
referred to herein as the "Easements".
The Easements shall be subject to the following:
1. Right of ingress and egress. The Grantee and its authorized agents and employees shall
have the right and easement of ingress and egress over the Property to perform all acts to which
the parties have agreed it may perform under the Maintenance Agreement.
2. Ownership of the facilities. The stormwater management/BMP facilities required to be
constructed and maintained by the Grantor under the Maintenance Agreement shall be and
remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed
to be an assumption of ownership or control by the Grantee over the stormwater management/
BMP facilities subject to the Maintenance Agreement.
3. No obligation on Grantee to inspect or maintain. This Deed of Dedication and Easement
shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain
the stormwater managementBMP facilities subject to the Maintenance Agreement.
4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
5. Binding effect. The Easements and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their
successors and assigns. All references herein to the "Grantor" and the "Grantee" include their
respective successors and assigns. All references to the "Grantee," when exercising any right or
obligation herein, includes the Grantee's officers, employees and agents.
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the
conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County
Executive's signature hereto and the recordation of this Deed.
201800002434.004
WITNESS the following signatures.
GRANTOR:
UNIVERSITY OF VIRGINIA FOUNDATION
.'-- �.�x e
Tim R. Rose, Chief Executive Officer and
Secretary
COMMONWEALTH OF VIRGINIA
-Ql /COUNTY OF &J by ,wY ai j P ,
The foregoing instrument was acknowledged before me this day of /1a.rZj)
2018, by Tim R. Rose, as Chief Executive Officer and Secretary of University of Virginia Foundation, a
Virginia corporation, on behalf of the corporation.
Notary Pu
M Commission Expires: t -3 (—Zc�2 O MARY J BREDDER
y p NOiTAWY PUBLIC
REG. #767.9041
Registration number: -1(o -j q OU ( COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC. 31, 2020
[Grantee Signature Page Follows]
201800002434.005
[Grantee Signature Page to Deed of Dedication and Easement]
GRANTEE:
CO N4ichardso—n
EMARLE, VIRGINIA
County Executive
COMMONWEALTH OF VIRGINIA
CITY/C OFeja/%ttjSc/r'11p
The foregoing instrument was acknowledged before me this Y3ay of
VC`i , 2018 by Jeffrey B. Richardson, County Executive, on behalf of the Board of
Supervisors of Albemarle County, Virginia.
Notary Public
NOTagy ;N
My Commission Expires:
_=
C., puBLIG =
Registration number: 3 9
A pr ved as to Form: j
C my Attorney
Date: 2 7 —1 �
201800002434.006
Exhibit A
[Plat Attached Hereto]
OWNER'S CONSENT
THE DEDICATION OF THE STORMWATER MANAGEMENT
FACILITY EASEMENTS ARE WITH THE FREE CONSENT AND
IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED
OWNERS, PROPRIETORS, AND TRUSTEE, IF ANY.
UNIVERSITY OF VIRGINIA FOUNDATION
BY.
TIM R. ROSE, CEO & PRESIDENT
CERTIFICATE OF ACKNOWLEDGMENT OF SIGNATURE
COMMONWEALTH OF VIRGINIA
COUNTY/,914-Y OF A- LbO M a ,V [L
THE FOREGOING WAS ACKNOWLEDGED BEFORE ME
THE -10-H2 DAY OF M aWr4-, , 20 1 i�
NOTARY PUBLIC IC _[�ALIltllr
ou
MY COMMISSION EXPIRES. 1 2 - _3 I - �- 0), 0
MARY J BREDDER
NOTARY PUBLIC
REG. #7679041
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC. 31.2020
NOTES:
1) THIS PLAT IS BASED ON COMPILED DEEDS AND PLATS OF RECORD. NO
FIELD WORK WAS PERFORMED.
2) THIS PLAT WAS PREPARED WITH THE BENEFIT OF A TITLE REPORT FROM
REPUBLIC TITLE SERVICES, DATED APRIL 9, 2014.
3) A PORTION OF THE PROPERTY IS WITHIN AN ALBEMARLE COUNTY AND/OR
CITY OF CHARLOTTESVILLE WATER SUPPLY WATERSHED OR AN
AGRICULTURAL -FOREST DISTRICT.
4) EASEMENTS LISTED IN TITLE REPORT ARE BLANKET EASEMENTS OR POLE
LINE EASEMENTS AND CANNOT BE PLOTTED.
5) THE PROPERTY LIES WITHIN FLOOD ZONE "X" BASED ON FIRM
51003CO266D, DATED FEBRUARY 4, 2005.
6) STORMWATER MANAGEMENT FACILITY EASEMENTS TO BE DEDICATED TO
PUBLIC USE.
7) A PORTION OF PARCEL IS WITHIN A WATER SUPPLY PROTECTION AREA.
8) A PORTION OF THE PARCEL IS WITHIN A DAM INUNDATION ZONE.
9) PARCEL IS WITHIN AN ENTRANCE CORRIDOR OVERLAY.
10) A PORTION OF PARCEL IS WITHIN A AIRPORT IMPACT AREA.
11) PORTIONS OF PARCEL ARE WITHIN A STEEP SLOPE OVERLAY.
12) JURISDICTIONAL AREA DESIGNATION - WATER AND SEWER
ALBEMARLE COUNTY APPROVAL
/j, L;dvt -- 31e
ALBEMARLE COUNTY BOARD OF SUP Rt
DESIGNATED AGENT 6
15
LINE
BEARING
DISTANCE
L 1
N
13'4— 8 13'—W
13.57
L2
N
67' 13'36"
E
49.08'
L3
N
33'06'01 "
W
39.02'
L4
S
52' 15 33
E
8.73
L5
N
37'33'10"
W
53.98'
L6
N
63'36'48"
E
10.38'
L7
S
52'3929"
W
12.25'
L8
N
25'49 32
E
45.68
L9
S
35'25'41 "
E
8.42'
L 10
S
32'29'05"
E
49.00'
L 11
N
2724 17
W
28.34
L 12
N
17'53'51 "
E
22.4 1'
L 13
N
72'4658"
W
34.34'
L 14
IS
47'06'05"
E
56.17'
L 15
IN
89' 17 45
W
46.31
LINE
BEARING
DISTANCE
L 16
S
87'5847" E
170.45'
L 17
S
44'4744
E
83.72
L 18
N
08'0347"
E
6.67'
L 19
N
08' 1727"
W
74.55'
L20
N
762549 "
W
15.26'
L21
N
62' 10'36 '
E
37. 17'
L22
S
53'5242 "
W
20.92'
L23
S
18 2255"
W
25.55'
L24
S
53'08 24
W
9.30
L25
N
80'30' 17"
E
35.40'
L26
S
78'3253"
W
24.88'
L27
S
42'2832" E
14.55'
L28
S
21 '51 04
E
24.81
L29
S
09'21 ' 16"
W
18.01 '
CURVE
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C 1
43.27'
30.00'
82'3829 "
S 4923'O 1 " W
39.62'
C2
36.23
30.00
69' 11 '38
S 43'57 05 W
34.07
C3
30.75'
25.00'
70'28'03"
N 26'56'35" E
28.85'
C4
9.95'
10.00'
57'01 ' 11 "
S 70'59'07" E
9.55'
EDNAM VILLAGE /
SEC. 1
UNIVERSITY OF VIRGINIA FOUNDATION
TM 75-63
D. B. 2 712, PG. 325
ZONED R 1
j STORMWATER MANAGEMENT FACILITY EASEMENT
0 14600 Sq. Feet
0.335 Acres
2 \
v�73 L15 J
UNIVERSITY OF VIRGINIA HOST
PROPERTIES INC
TM 59D2-1-15
D. B. 2933, PG. 80
ZONED HIGHWAY COMMERCIAL
0�
— — — — — — — L16__
A,. 7nnA-7nc n-7 TIE —
E. 11472103.45
STORMWATER MANAGEMENT
FACILITY EASEMENT
8810 Sq. Feet
0.202 Acres f
0 50 100 150
SCALE. 1 "=50'
0
<0
VICINITY SKETCH — 1 "=2000'
PLAT OF A
STORMWATER MANAGEMENT FACILITY
EASEMENTS ACROSS THE PROPERTY OF
UNIVERSITY OF VIRGINIA FOUNDATION
TM 75— 63
SAM MILLER DISTRICT — ALBEMARLE COUNTY — VIRGINIA
SDP201700019
JN 50090100 VATS: 211212018 1
®®Liewhenry'
ow
4805 Lake Brook Drive
Dewberry Glen Allen, VA 23060
804.290.7957
Engineers Inc. FAX: PHONE 804.290.7928
www.dewberry.com
.502( u
DBE_ P l
201800002434.008
Exhibit B
[Management Agreement Attached Hereto]
201800002434.009 6
This document was prepared by:
Albemarle County Attorney
Count , of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map Parcel 059D2-01-00-01500, 07500-00-00-06300
AGREEMENT TO MAINTAIN
STORMWATER MANAGEMENT FACILITIES AND OTHER TECHNIQUES
THIS AGREEMENT is entered into by and between UNIVERSITY OF VIRGINIA
HOST PROPERTIES, INC., AND UNIVERSITY OF VIRGINIA FOUNDATION,
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 059D2-01-00-01500, 07500-00-00-06300, as recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia, in Deed Book 2933,12age 080 and Deed Book 2712,
Page 325, hereinafter called the "Property"; and
R-2. The Owner is proceeding to build on and develop the Property; and
R-3. The Property is not within the County's Municipal Separate Storm Sewer System
(hereinafter, "MS4") jurisdictional area; and
R-4. The Site Plan/Subdivision Plat identified as University of Virginia Foundation
Temporary Golf Course Connector Road, was approved and, in conjunction therewith, a
Stormwater Management Plan, identified as University of Virginia Foundation Temporary Golf
Course Connector Road — WPO-2017-00076, 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
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 4 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: 11/3/17
201800002434.010
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 storm,,eater 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 "Faciliq," 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 construct 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
2
Version: l 1/3/17
201800002434.011
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 tllbemarle County Code § 17-
403(A) (5).
D. Professional engineer may be required to direct work. The County Engineer may
require that specific maintenance work be performed under the direction of a professional engineer.
3. Inspections 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 inspect 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.
Version: 11/3/17
201800002434.012
E. To whom and when an Inspection Report must be submitted. The Owner shall
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 year. 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 -pear period beginning and ending on the anniversary of the date of this Agreement
first hereinabove written.
Permission to the County to inspect the Facilities. The Owner hereby grants pernussion
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 findings and demand for maintenance. 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's
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
4
Version: 1 1/3/17
201800002434.013
completed as follows: (i) if the iUbemarle County Engineer determines, in their sole discretion, that
failure to implement the corrective action creates an irruninent 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 silty (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 of a longer period allowed in writing by the
County Engineer. The term "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 Couno, 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 Counts.
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 County to enter the Property 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 necessary 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 erect 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. County not obligated to maintain the Facilities. It is expressly understood and
Version: 1 1/3/17
201800002434.014
agreed that the County is under no obligation to repair or otherwise maintain the Facilities, and in
no event shall this Agreement be construed to impose any such obligation on the County.
7. Right of the County to charge the Owner for its costs of maintenance; obligation of
the Owner to reimburse the County. 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 tat bills are mailed or to another address provided by the Owner to the County.
B. Timely payment. The Owner shall reimburse the County for the costs identified in the
County's written demand «nthin 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.
Obligation of the Owner to indemnify and hold harmless the County. The following
shall apply to this Agreement:
A. No County liability. 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
Version: 11/3/17
201800002434.015
and fees associated with the judgment.
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:
UNIVERSITY OF VIRGINIA FOUNDATION
2,
Tim R. Rose
Chief Executive Officer and Secretary
COABIONWEALTH OF VIRGINIA
C—FT-(-/COUNTYOF A lbemar1(1.
The foregoing instrument was acknowledged before me this k'u' day of ,W ourc h ,
ZaL by Tim R. Rose, Chief Executive Officer and Secretary, on behalf of University of Virginia
Foundation.
illy Commission Expires: 12 - 3 1 -20
Registration Number: 1In7 4 044
Notary Pub
MARY- J- -BREDDER
NOTAAI( PUBLIC
REG.. #E7876641' .
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DEC. 31. 2020
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Version: 1 1/3/17
201800002434.016
OWNER:
UNIVERSITY OF VIRGINIA HOST PROPERTIES, INC.
Tim R. Rose
President
COMMONWEALTH OF VIRGINIA
Cam=/COUNTY OF !t-1 b�2.mar(,Q
The foregoing instrument was acknowledged before me this day of (h,7,ruk
20100 by Tim R. Rose, President, on behalf of University of Virginia Host Properties, Inc.
My Commission Expires: 1-2 (—Z 02 o
Registration Number: —7 to19 0 `A (
CO
131
No
MARY J-BREDDER
NOTAWY PUBLIC
REG. #E7679641
COMMONWEALTH OF VIRGINIA
MV cr MMtssioN, FxotnGs 17FC 31, 2020
F ALB MARLE, VIRGINIA
Jeffrey & Richardson
County Executive
COMMONVTEALTH QV VIRGINIA
CITY/C- 4y�TY OF (A r10 J" e 5 dj 1e-
The foregoing instrument was acknowledged before me this 11 "day of /'C ,
4 by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of
Albemarle County, Virginia.
My Commission Expires: Qla4Le,�e
Registration Number: 4513 9 T'-
Approved as to Form:
C my Attorney Date
INSTRUMENT #201800002434 g
RECORDED ALBEMARLE CO CIRCUIT COURT CLERK'S OFFICE
Mar 09, 2018 AT 03:52 pm
JON R. ZUG, CLERK by EMJ
Notary Public
?O: NpTA,Ry _
C) pUBL�G ram`
//i O • .. • •
Version: 1 1/3/17
BOOK 05021 PAGE 0454 - 00499