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HomeMy WebLinkAboutWPO201400092 Stormwater Management Maintenance Agree. 2016-07-08T C A O X R P E X E M P T IN-11�� MIR Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [6/28/2016 ] Instrument Type: [AG ] Number of Parcels [ 11 Number of Pages [ 3] 007345 I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 033369290004 Type: DEE Recorded: 07/08/2016 at 02.2807 PM Fee Amt: $17.00 Page 1 of 4 Albemarle County, VA Jon R. Zug Circuit Clerk File# 2016-00007345 BK4784P,3676-679 City ❑ County x0 [Albemarle County ] roux ►or ueea stamp uniyl First and Second Grantors Last Name First Name Middle Name or Initial Suffix [Foothills Crossing II ] [ ] [ ] [ ] First and Second Grantees Last Name First Name Middle Name or Initial Suffix [Board of Supervisors of ] [ ] [ ] [ 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 ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100] Book [3777 ] Page [397 ] Instr. No [ ] Parcel Identification No (PIN) [056K0-00-00-000A1 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Foothills Crossing II ] [WPO-2014-00092 ] 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 [Alan Taylor [Ana D. Kilmer [Albemarle County Community Development Department [401 McIntire Road -North Wing [Charlottesville ] [VA ] [22902 [ ] [ ][ ------------------------------------------------------------------------- THIS AGREEMENT, made and entered into this 2-16 day of 2-0�6 , by and between Foothills Crossing, Inc. 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 056KO-00-00-000A1 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page �777/397 , 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 Foothills Crossing II , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Foothills Crossing_ 11— WPO-2014-00092 (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 terms 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. NE 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 new 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: Foothills Crossing, Inc Com y- By:o artnership Name (Seat) IAlan R (Type Name) Authorized Officer (Type Title) STATE OF �,�`t� MY/COUNTY OF _C'A' -t n yAAtQ. 1-6 The foregoing Agreement was acknowledged before me this day of 20�, by Alan R. Taylor. Authorized Officer ' My Commission Expires: I'Zotal NOTARY PUBLIC COUNTY OF ALBEMARLE, VIRGINIA Thomas C. Foley (Type Name) County Executive (Type Title) STATE OFy i CITY/COUNTY OF N\ho �aC \ e- ,����� Maflowe NOTARY till off' 1tr PUBLIC = REG. #7633624 Q n : MY COMMISSION : Q o'; EXPIRES 2 4y ' . 08/31 /2019 C? .FALTH OF 11011• '111111111111����,` The foregoing Agreement was acknowledged before me this I day of ---3-L-L� , 20 1 � , by —1�\-, om a <� C . F-o 1 c,. �, r ,c r, r I , � , I rl NOTARY PUBLIC My Commission Expires: t l `3 t �� CHERYL. L. SKEEN NOTARY PUBLIC REGISTRATION N 7163762 Ap Ved as O Form: COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 C tto a ate RECO Prepared by County of Albemarle Department C Revised September 18, 2012 RDED IN CLERKS OFFICE OF ALBEMARLE ON JULY 8, 2016 at 2:28:07 PM AS VA CODE 958.1-802 ci 00 LOCAL: $0.00 ARL COUNTY, VA U IRCUIT CLERK T C A O X R P E X E M P T ■ ■ Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: Instrument Type: Number of Parcels Number of Pages City ❑ County x❑ [6/28/2016 ) [AG ) [ 1j [ 3] [Albemarle County 137346 I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 033369300004 Type: DEE Recorded: 07/08/2016 at 02:29:54 PM Fee Amt: $17.00 Page 1 of 4 Albemarle County, VA Jon R. Zug Circuit Clerk File# 2016-00007346 BK4784 PG680-683 -- (Box for Deed Stamp Only) Last Name First Name Middle Name or Initial Suffix [Route 240, LLC ] [ ] [ ] [ 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 ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100] Book [2012 ] Page [352 ] Instr. No [ ] Parcel Identification No (PIN) [056A2-01-00-06100 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Foothills Crossing II ] [W PO-2014-00092 ] 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 ] [Alan Taylor ] [Ana D. Kilmer ] [Albemarle county Community Development Department ] [401 McIntire Road -North Wing ] [Charlottesville ] [VA ] [22902 ] STORMWATER MANAGEMENT/BMP FACILITIES MAINTENAQU16 tiENT THIS AGREEMENT, made and entered into this 2 day of 7� LI-0— , 2'0 (b , by and between Route 2 9, 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 056A2-01-00-06100 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 2012/352 , 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 Foothills Crossing_11 , and (Name of Phm/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Foothills Crossing 11— WPO-2014-00092 (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 managementBMP facilities be constructed and maintained on the Property; and WHEREAS, the County requires that on -site stormwater managementBMP 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 terms 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 9sm necesaM 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: n p C Route 240, LLC � m �' -, 0 m By: River Bend Management Inc its Manager � r 0 G��oao�mz Co y/Corpo do artnership Name (Seal) � D cc00Nm� By: - z>Owoo n�r26zo Alan R. Ta for D o " 0 (Type Name) p " j m o O Vice President and Authorized Officer N T (Type Title) STATE OF Virg CITY/COUNTY OFyCo-}1�e�,n `l(� The foregoing Agreement was acknowledged before me this kt day of_, 20,Ug_, by Alan R. Taylor -Vice President and Authorized Officer NOTARY PUBLIC My Commission Expires: � 201 COUNTY OF ALBEMARLE, VIRGIIVIA By: (� Thomas C. Foley (Type Name) County Executive (Type Title) STATE OF o. _ CITY/COUNTY O \ , \ E Mal1Owe M •o,• 11 o° CQ NOTARY 0, ro PUBLIC REG. #7633624 _ n : MY COMMISSION a O EXPIRES 2 08I31/2019 - Q O4, •. h'EALtH OF J�� The foregoing Agreement was acknowledged before me this dayof t.� 1 , 201 b, by._____� N m 5 • F o CVV" v v TARY PUBLIC My Commission Expires: _ 1 b k31 � 101 CHERYL L. SKEEN A fed as 'Form: NOTARY PUBLIC COMMONWEALTHOF REGISTRATION 153762 V RG NIA lJ MI MY COMMISSION EXPIRES Co U Y j ate OCTOBER 31, 2019 -3- Prepared by County of Albemarle Department Community Development Revised September 18, 2012 Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A pLS VLR Cover Sheet Agent 1.0.66] Tl I`&I Date of Instrument: [6/28/2016 A O Instrument Type: [AG ] X R P E Number of Parcels [ 2] X Number of Pages [ 3] E M City ❑ County xx [Albemarle County P F TI Last Name Firsi [Route 240 Holdings, LLC] [ 007347 Doc ID: 033369310005 Type DEIIIIIIII Recorded: 07/08/2016 at o2. DE PM Fee Amt: $17.0o Pape 1 of 5 Albemarle County, VA Jon R. Zup Circuit Clerk File# 2016-00007347 BK4784 PG684-688 --- - --- (Box for Deed Stamp Only) i miume name or initial Suffix - ••�• •-�•••` mwu�� rvame or mmai Suttl� ❑ [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 ] [22902 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100] Book [2560 ] Page [432 ] Instr. No [ ] Parcel Identification No (PIN) [05600-00-00-05700 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Foothills Crossing II ] [W PO-2014-00092 ] 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 2 [Albemarle County CDD [Alan Taylor [Ana D. Kilmer [Albemarle county Community Development Department [401 McIntire Road -North Wing [Charlottesville ] [VA ] [22902 -------------------- [ ] [ ][ Instrument Control Number 007347 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 Instrument: [6/28/2016 ] A R R O Instrument Type: [AG ] X A A R N N P Number of Parcels [ 2] E T T X O E Number of Pages [ 3] E R E M City ❑ County �x [Albemarle County ] Box for Deed Stam p Onl y) p Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix Prior Instr. Recorded at: City ❑ County ® [Albemarle County ] Percent. in this Juris. [ 100] Book [2525 ] Page [075 ] Instr. No [ ] Parcel Identification No (PIN) [056A2-01-00-06200 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Foothills Crossing II ] [W PO-2014-00092 j Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Prior Instr. Recorded at: City ❑ County❑ [ Book [ ] Page [ Parcel Identification No (PIN) [ Tax Map Num. (if different than PIN) [ Short Property Description [ [ Current Property Address (Address 1) [ (Address 2) [ (City, State, Zip) [ Cover Sheet Page # 2 of 2 ] Percent. in this Juris. ] Instr. No [ )[ )[ i THIS AGREEMENT, made and entered into this Zg day of :3_VtA_4_— Zo ( t and between ' by Route 240 Holdins?s 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/Parce105600-00-00-05700 056A2-01-00-06200 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 2560/432.2525/075, 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 Foothills Crossine II , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Foothills Crossing_ II — WPO-2014-00092 (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 terms 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 0 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 st_ ens 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: m m 0 Route 240 Holdings, LLC 00 m BY: River Bend Manaeement, Inc its Mana er n � o o a) Z Co /C o ation/Partnership Name (Seal) r W 0) D r m - 1 rn n _ 000ONr-X By: CC00Wm's =4 >0-•Otn 0 �mbzo Alan R. Tavlo -11 D $ f i (Type Name) 0 0 Vice President and Authorized Officer N T (Type Title) STATE OF V--r j i1%, % C-- CITY/COUNTY OF CAnc✓to k The foregoing Agreement was acknowledged before me this dayof �� , 20 by Alan R. Taylor, Vice President and Authorized Officer NOTARY PUBLIC My Commission Expires: 112,011 Marlowe ... ; oo ...... .... NOTARY '. 0 CU . PUBLIC 9 REG. #7633624 p COUNTY OF ALBEMARLE, VIRGINIA MY COMMISSION c Q 0 EXPIRES 2 08l31 /2019 r 0 ' Doti By: •........ •• Thomas C.rF61ey (Type Name) County Executive (Type Title) STATE OF I c� CITY/COUNTY OF The foregoing Agreement was acknowledged before me this A day of `Tt N ARY PUBLIC My Commission Expires: �� .. Coun' �� `. Prepared by County of Albemarle Department Community Development Revised September 18, 2012 CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION A 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 T C A O X R P E X E M P T Instrument Control Number Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: Instrument Type: Number of Parcels Number of Pages City ❑ County ] [12/16/2016 ] [AG ] [ 1] [ 3] [Albemarle County [Daily South, LLC ] [ [ l[ 014991 I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIII� IIIII IIIII �OII IIIII (III III Doc ID: 033476920004 Type: DEE Recorded: 12/30/2016 at 01:20:34 PM Fee Amt: $17.00 Pape i of 4 Albemarle county, vA Jon R. Zug Circuit Clerk File# 2016-00014991 BK4860PG588-591 (Box for Deed Stamp Only) ®❑ __..._ rn a�mnts miaple Name or Initial Suff x ❑ ❑ [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 ] [22902 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County® [Albemarle County ] Percent. in this Juris. [ 100] Book [4787 ] Page [565 ] Instr. No ( j Parcel Identification No (PIN) [05600-00-00-057131 ] Tax Map Num. (if different than PIN) [ Short Property Description ] [Foothill Crossing II ] Current Property Address (Address 1) [W PO-2014-0009 W PO-2016-00061 ] ( ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by [Albemarle County CDD ] Recording Paid for by [Robert W Saady Jr ] 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 [ ] [ ] [ ] I--------------------------------------------------------------------------------------- Cover Sheet Page # 1 of 1 STORMWATER MANAGEMENT/BMP FACILITIES MAINUMUGREEMENT Tw THIS AGREEMENT, made and entered into this day of Zv l =- b and between Da ilv South LLC y 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 05600-00-00-057B 1 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 4787/565 , 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 Foothill Crossing II , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Foothill CrossingI1 VSMP Plan Amendment WPO-2014-00092 — WPO-2016-00061 (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 terms 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. 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: Daily South, LLC BY: River Bend Management Inc Its Manager Company/Corporation/Partnership Name (Seal) By: aL Alan R. Taylor (Type Name) Vice President and Authorized Officer (Type Title) STATE OF CITY/COUNTY OF The foregoing Agreement was acknowledged before me this day of —IDGC ¢ "-4- 20 �, by Alan R. Ta for, Vice Preside and Authorized Officer ` . NOTARY c o�' --+ - a PUBLIC y ' NOTARY PUBLIC ` ` BEG. #7E�33s2a ? Q My Commission Expires: c : MY COMMISSION: Q EXPIRES Z t 08/31 /2019 C? COUNTY OF ALBEMARLE, VIRGINIA -rH of By: Thomas C. Foley (Type Name) County Executive (Type Title) STATE OF CITY/COUNTY OF A r l The foregoing Agreement was acknowledged before me this a © day of 20 1 to , by Thomas C. Foley, County Executive L TAP Y PUBLIC My Commission Expires: Da* Prepared by County of Albemarle Department Communil Revised September 18, 2012 CHERYL L. SKEEN NOTARY PUBLIC REGISTRATION # 7153762 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2019 RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON DECEMBER 30, 2016 at 1:20:34 PM AS REQUIRED BY VA CODE §58.1-802 E:, $0. 0 LOCAL: $0.00 L1VIABLE COUNTY, VA G CUIT CLER DC