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Home My WebLink AboutWPO201200096 Agreement - SWM Maintenance 2013-12-02i Instrument Control Number 0,1605 Commonwealth of Virginia I�'IIIIIII'I'III��ht I 032770470004 TYpe'. 0 PM Land Record Instruments D°° ID: 12/02/2013 at 124 Cover Sheet - Form A FeCID d�-e Amtd\/A *$17.00 Pa1 °f a County' . t clerk Albemarle Shipp [ILS VLR Cover Sheet Agent 1.0.66] DF1.1e 2013o PG497.500 444 'BK T C Date of Instrument: [12/2/2013 ] A O Instrument Type: [AG ] X R E P Number of Parcels [ 1 ] X Number of Pages [ 31 _ _ _ _ --------------- E (Box for Deed Stamp Only) M City ❑ County ❑x [Albemarle County ] P First and Second Grantors T Last Name First Name Middle Name or Initial Suffix El 0 [Belvedere IIA, LLC ] [ ] [ ] [ ] First and Second Grantees Last Name First Name I 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) [ j (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 [4397 ] Page [72 ] Instr. No [ ] Parcel Identification No (PIN) [06200-00-00-00500 ] Tax Map Num. (if different than PIN) [ ] Short Property Description [Belvedere Phase II WPO Plan j [WPO-2012-00096 ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) ( ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (I (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [Albemarle County CDD [ .4 � •6 VIA 016051 STORMWATER MANAGEMENTBMP FACILITIES MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 1�� day of c�,J*A%ZzK a'O I3 , by and between Belvedere IIA. 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 06200-00-00-00500 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 4397/72 , 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 Belvedere Phase II , and (Name of Plan/Development) WHEREAS, the Water Protection Ordinance (WPO) Plan described as Belvedere Phase II WPO Plan — WPO-2012-00096 (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 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 managementBMP 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 managementBMP 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 stonnwater managementBMP 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 managementBMP 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 managementBMP 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: Belvedere IIA, LLC BY: Darby Holdings Inc Its Manager Comp y/ orporati\on/Partnership Name (Seal) By: Michael Ball (Type Name) Vice President (Type Title) STATE OF V— I r iU&- CITY/COUNTY OF 0j.b'e.M63_L e The foregoing Agreement was acknowledged before me this 1'54-4' day of 20 by Michael Ball NOTARY PUBLIC - Katrina K. Meadows 3 1 My Commission Expires: � � ,� � Commonwealth of Virginia Notary Public Commission No. 274538 by Goiri isoion Expires 03/3112015 COUNTY OF ALBEMARLE, VIRGINIA` By: I � Thomas C. Foley (Type Name) County Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville The foregoing Agreement was acknowledged before me this 25th day of November 20 13,by Thomas C. Foley NOTARY PftLIC My Commission Expires: June 30, 2017 Approved to Form: iw 11- I8 —13 Wm Date Prepared by County of Albemarle Department Community Development Revised September 18, 2012 RECORDED IN CLERK'S OFFICE OF ALBEMARLE ON DECEMBER 2, 2013 at 12:50:00 PM _ 3 _ AS REQUIRED BY VA CODE §58.1-802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COUNTY, VA EBRA M. SHIP CIR IT CLERK aC