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HomeMy Public PortalAbout2000_10_31_r211 Authorizing Maintenance Agreement for Stormwater Maintenance SystemThe Town of Leesburg, x ' rg ma 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 R:LburgGrnShenU O'/05O 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