HomeMy Public PortalAbout2000_10_31_r211 Authorizing Maintenance Agreement for Stormwater Maintenance SystemThe Town of
Leesburg,
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RESOLUTION NO.
A RESOLUTION:
2000-211
AUTHORIZING
STORMWATER
GREEN
PRESENTED October 31, 2000
ADOPTED October 31, 2000
AGREEMENT FOR MAINTENANCE OF
DRAINAGE SYSTEM FOR LEESBURG
WHEREAS, the Virginia Department of Transportation (VDOT) has constructed
a stormwater management facility to handle drainage from Route 7 within an easement
area on a portion of Leesburg Green site; and
WHEREAS, the developer proposes to expand that existing facility so that it will
accommodate runoff from Route 7, for which it originally was designed, as well as from
the Leesburg Green site; and
wHEREAS, sharing a VDOT stormwater management facility is not commonly
done, so a special agreement was created which differs from the Town's standard form of
agreement.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that the Town is authorized to enter into the attached agreement for maintenance of the
stormwater drainage system for the Leesburg Green site.
PASSED this 31st day of October, 2000.
B.J. Webb, Mayor
Town of Leesburg
ATTEST:
lerk of Council
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AGREEMENT FOR MAINTENANCE
STORMWATER DRAINAGE SYSTEM
THIS AGREEMENT, made and entered into this 3rd day of October, 2000, by
LEESBURG STORAGE, L.L.C., a Virginia limited liability company ("Owner"), the TOWN OF
LEESBURG, VIRGINIA, a municipal corporation (the "Town"), and the COMMONWEALTH
OF VIRGINIA, DEPARTMENT OF TRANSPORTATION ("VDOT").
WHEREAS, by Agreement dated October 1, 1997, and recorded among the land records
of Loudoun County, Virginia, in Deed Book 1531, Page 448, VDOT obtained a permanent
easement for a stormwater management basin, and all improvements required thereon (the
"Easement"), xvith respect to the widening and improvement of State Highway Route 7, Project
6007-053-F08, C503, lying on the southwest side and adjacent to Route 7, in Loudoun County,
Virginia; and
WHEREAS, by a deed dated March 8, 2000, and recorded in Deed Book 1759, page 891,
Owner did purchase the property upon which a portion of the aforesaid easement for stormwater
management purposes ~vas located; and
WHEREAS, VDOT has constructed the stormwater management facility within the
easement area described hereinabove; and
WHEREAS, Owner desires to expand the existing VDOT facility in order that the same
may provide all necessary stormwater management required for the purposes of VDOT as
described in the aforesaid Easement, and in addition, provide as necessary stormwater
management for the development of the aforesaid real estate, now owned by Owner (i.e.,
Parcel lA, Leegate); and
WHEREAS, the Owner is providing a stormwater drainage system (herein referred to as
the "Facility") as shown and described on the plans entitled LEESBURG GREEN, dated March
21, 2000, and revised through June 5, 2000, made by Paciulli, Simmons & Associates (the
"Plans"), or as shown on any subsequent revision approved by the Town and VDOT, a copy of
which is incorporated herein by reference; and
WHEREAS, to comply with the rules and regulations of the Town pertaining to the
project, the Owner has agreed to maintain the Facility in accordance with the terms and
conditions hereinafter set forth.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of One
Dollar ($1.00) and other good and valuable consideration, the receipt xvhereof is hereby
acknowledged, the parties do hereby agree as follows:
1. MAINTENANCE OF THE FACILITY
VDOT shall continue to maintain the portion of the Facility previously
constructed by VDOT which will not be altered by Owner pursuant to the Plans, including the
existing principal and emergency spillways which serve as the outflow devices for the Facility.
The Owner agrees that it shall maintain in perpetuity, solely at its own expense,
the expanded portion of the Facility, as modified by Owner, in a manner which will permit the
Facility to perform the purposes for which it was designed and constructed, and in accordance
B,'( !87 I Pt:; !523
with the standards by which it was designed and constructed, all as shown and described on the
Plans. In performing its maintenance functions, the Owner agrees that it shall:
(i) remove silt and other debris from the Facility so as to maintain the elevation of
the bottom of the Facility as shown on the Plans;
(ii) plant and mow grass or maintain a vegetative cover on any slopes surrounding
the Facility;
(iii) perform any maintenance or repairs requested in writing by the Town and/or
VDOT within thirty (30) days of such request or such longer time if specified by the Town and/or
VDOT; and
(iv) replace dead or severely damaged plants with comparable plant types to
ensure continued function of the vegetative BMP.
Provided Owner does not damage the Facility, the Owner shall also have the right
(but not the obligation) to maintain the portion of the Facility as previously constructed by
VDOT.
2. FINAL INSPECTION REPORTS
The Owner agrees that it will have a geotechnical engineer certify in writing to the
Town and VDOT xvithin 30 davs of completion of Owner's work that the Facility, as modified,
is constructed in accordance xvith the approved Plans.
8K 187 IPG 1521
3. INSPECTION FOR PREVENTATWE MAINTENANCE
(a) The Owner agrees to cause inspections to be made of the Facility at the
Owner's expense. The inspections shall occur during the last 60 days of the first year of
operation and at least once every 12 months thereat~er.
(b) Upon request, an inspection report shall be provided to the Town and VDOT.
(c) The Owner agrees to perform promptly all needed maintenance specified in the
inspection report xvithin 60 days or such longer time if agreed to by the Town and/or VDOT in
writing.
(d) The Owner agrees that the Town and/or VDOT may enter upon the property to
inspect the Facility to determine whether maintenance of the Facility is necessary.
4. RIGHTS OF THE TOWN AND VDOT IN THE EVENT OF DEFAULT BY
THE O\~ ~'NER
In the event of default or failure by the Owner in performance of the any of the
covenants and ~varranties pertaining to the maintenance or the Facility, as provided herein,.the
Town, following request by VDOT, after providing reasonable notice to the Owner, shall enter
upon the property and perform the necessary maintenance or repairs. All costs thereof expended
by the Town in performing such necessary maintenance or repairs shall constitute a lien against
the properties of the Owner described hereunder (i.e., Parcel lA, Leegate); provided, however,
that such lien shall not become perfected nor encumber the properties of the Owner until such
time as a memorandum of lien setting forth the amount or the lien shall be recorded in the Clerk's
4
187 lPG 1525
Office of the Circuit Court of Loudoun County, Virginia, and indexed in the grantor's index in
the name of the Owner.
5. The parties hereto expressly do not intend by execution of this Agreement to
create in the public, or any member thereof, any rights as a third party beneficiary or to authorize
anyone not a party hereof to maintain a suit for any damages pursuant to the terms of this
Agreement.
6. This Agreement shall be a covenant which nms with the land and shall inure to
the benefit of and shall be binding upon the parties hereto, their respective successors and
assigns, and all subsequent owners of the property.
7. Upon execution of this Agreement, it shall be recorded in the Clerk's Office of
the Circuit Court of Loudoun County, Virginia, at the Owner's expense.
8. VDOT consents and agrees to the construction-expansion of an approved
stormwater management facility to be constructed or built upon the permanent easement of
VDOT described in instrument recorded in Deed Book 1531, Page 448, necessary to serve'the
above described properties.
9. Owner, in further consideration of the agreement ofVDOT hereinabove
described, does hereby covenant and agree that all obligations and responsibilities of Owner to
the Town hereunder shall be further deemed obligations and responsibilities of the Owner to
VDOT.
526
10. Nothing herein shall be deemed as a waiver of VDOT of any fights acquired by
VDOT under the aforesaid Agreement dated May 14, 1997, and recorded in Deed Book 153 l,
page 448, nor a waiver of any powers or obligations of VDOT under any applicable statute,
ordinance, regulation, and the like with respect to the Facility constructed, or to be constructed,
upon the lands of Owner. Further, nothing herein shall be deemed an obligation beyond that
provided by law upon VDOT to maintain the Facility.
[SIGNATURES ON FOLLOWING PAGES]
8K187
IN WITNESS WHEREOF, the Owner has caused this Agreement to be signed in its name
by a duly authorized person.
WITNESS the following signatures and seals:
LEESBURG STORAGE, L.L.C.
By: SEAL)
Name: William Soltesz
Title: Manager
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to wit:
Subscribed and swom to before me this ~C,ff 'dayof
by Will/am M. Soltesz, as Manager on behalf of LEESBURG STORAGE, LLC.
My commission expires: /02/~//dS)~~, ~
Notary Public
,2000,
187 !?[;1528
TOWN OF LEESBURG, VIRGINIA
By: '~~
Name: B.J. Webb
Title: Mayor
Seen and_ap, proved i~f~ form:
William E. Donnelly, III, Town~[ttomey
(SEAL)
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to wit:
Subscribed and sworn to before me this ~ -~--~ day of ~,-'-c-~_.x2 ce_,;'¥-~k~c-~ ~-, 2000,
by B.J. Webb, as Mayor on behalf of the Town of Leesburg, Virginia, a political subdivision of
the Commonwealth of Virginia.
My commission expires:
Notary Public
BK 187 lPG 1529
Seen and approved as to form:
COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
Title (.~ ~,.1~ x
// ·
Paul t~ Stahl, Assistant Attomey General
STATE OF VIRGINIA ' ~i
CITY/C-OI:J:N-T-Y OF //C,r ~,. ,{..,x..,.J~'
, to-wit:
.Subscribed and sworn to before me this ;~.~-~_.A day of
by C-/.~c~_Lt , %.-'v,'~',3 ~ , as
Commonwealth of Virginia Department of Transportation.
My commission expires:
on bel'ialf of
Notary Public
9
RECORDED/'¢i/CERT A[~NEXEO
201]1FEB 12 P~I 3:26
TEST~:~/ ..... CLERK