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Home My WebLink AboutWPO201100076 Agreement - SWM Maintenance 2011-10-24Instrument Control Number Commonwealth of Virginia Land Record instrumelnts Cover Sheet -Form A [ILS VLR Cover Sheet Agent 7.D.B5] l lllllll llllll111 I111111111 lull lull 11111 lull lull lull 1111111i11 i1111 llll fill Dac ID: 006559830004 Type Recorded: 10/24/2011 at 02:12:30 PM Albemarle CauntVPaVA 1 of 4 Filetf 2011h00011727k gK4088 P�5.38-541 T C Date of Instrument: [10/24/2011 ] A O instrument Type: [AG ] X R E P Number of Parcels [ 1 ] X Number of Pages [ 3] (Box far Deed Stamp Only} City ❑County x❑ [Albemarle County ] M p First and Second Grantors T Last Name First Name Middle Name or Initial Suffix [Rivanna Plaza, 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 7) [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. Book [3537 ] Pag Parcel Identification No (PIN) Tax Map Num. (if different than PIN) Short Property Description Current Property Address (Address 1) (Address 2) (City, State, Zip) e [057 ] Instr. No [ [045DD-00-00-10900 [ [Final Site Development Plan for Rivanna Plaza [wPo-2D11-oao7s [ [ ][ ][ Instrument Prepared by [Albemarle County CDD Recording Paid for by [Rivanna Plaza, LLC Return Recording to (Name} [Ana D. Kilmer {Address 1) riarle County Community Developrr�er�; E;�;p�:tn�r;t (Address 2} �M�lntire Road -North VhQirg-� {City, State, zip) [Charlottesville ] [VA ] [22902 Customer Case ID [ ] [ ] [ Cover Sheet Page # � of ' THIS AGREEMENT, made and entered into this 1'��day of ®C-��-�- , `,��, by and between Rivanna Plaza, 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 04500-00-00-10900 as recorded by deed in the land records of Albemarle County, Virginia, Deed Book/Page 3537/057 ,hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as Final Site Development Plan for Rivanna Plaza — WPO-2011-00076, (Name of P1an/Development) 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 Properly; 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 managementBMP facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identifed in the Plan. 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater managementlBMP 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. The Annual Inspection Report form dated 7/17/2000 (or latest date form available) is to be used to establish what good working condition is acceptable to the County. -1- Prepared by County of Albemarle Department Community Development Revised July 7, 2006 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 starmwater rnanagementBMP 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 managementJBMP 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 pat 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 managementJBMP 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 starmwater �nanagementBMP 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 July 7, 2006 WITNESS the following signatures and seals: Riyanna Plaza, LLC _ Company/Corporatiorj/Partnership Name (Seal) By: Mark W. Green (Type Name) . Manager (Type Title) STATE OF V I �'t�f(Nl lJ �, CITY/'-`��i OF _��.'�03Vt 1 The foregoing Agreement was acknowledged before me this � day of � %�L , 2011, by Mark W. Green r, ,N �� My Commission Expires: � �it� � t : � COUNTY OF ALBEMARLE, VIRGINIA By: ,�iativ►r�a �', The�,�s C . � I (Type Name) County Executive (Type Title) STATE OF Virginia CITY/COUNTY OF Charlottesville T,4MMY K. SHlFLETT NOTAf�Y i'UBLIC Commonwealth Of Virginia REG. #309070 The foregoing Agreement was acknowledged before me this 19th day of Octoi,er 20 ll , by Tno�mas C. >iol NO ARY P IC My Commission Expires: ,Tune 30, 2013 Approved as to Form: ty orney Date Prepared by County of Albemarle Deparhnent Community Development Revised July 7, 2006 4: Norq ,.ty,� * �r :cn= �� r„�, -` RECORDED IN CLERKS OFFICE OF r�::++s�� ALBEMARLE COUNTY ON October 24,2011 AT 2:12;80 PM $O.QO GRANTOR TAX PD _ 3 _ A5 REQUIRED BY VA CODE �58,1-$02 STATE: .QO L AL. $0.00 ALI3EMA LE O NTY, VA DEBRA S I CLERK C