NCS000515_Stormwater Operation and Maintenance Agreement 2020_20200921

STATE OF NORTH CAROLINA
ROWAN COUNTY
STORMWATER OPERATION AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this the day of , 20, by and between Town of China
Grove, hereinafter referred to as Town, and , hereinafter referred to as Owner;
WITNESSETH
THAT WHEREAS, Owner is this day accepting responsibility for the stormwater best management practice (BMP)
device(s) installed on that certain real property known as , as described in
the deed and as shown on the plat thereof recorded in the Deed Book , Page , and/or Plat Book , Page
, Rowan County Registry; and
WHEREAS, as a part of the construction of the development the Town's Phase II Stormwater Ordinance required that a
stormwater Best Management Practice (BMP) device(s) be constructed; and
WHEREAS, the Owner accepts responsibility for the maintenance of the stormwater BMP device(s) listed below as
prescribed in the attached minimum maintenance measures addendum/addenda; and
WHEREAS, the Owner grants access to Town of China Grove to inspect the stormwater BMP device(s); and
WHEREAS, the Owner understands that this Agreement shall endure to the benefit of his successors in title,
whomsoever they may be in the future.
NOW, THEREFORE, it is understood and agreed by and between the parties:
1. The maintenance of the stormwater BMP device(s) listed below shall be the sole responsibility of the Owner.
2. The responsibility for the maintenance of the stormwater BMP device(s) shall pass in the chain of title to the
Owner's successor in interest.
3. Access is granted to Town of China Grove to carry out all provisions of the Town's Phase II Stormwater
Ordinance, including but not limited to inspections of the stormwater BMP device(s) as set forth in the
Stormwater BMP Facility Access Easement.
4. Annually, the Owner shall provide an annual inspection report for each stormwater BMP device listed below
from a qualified professional accordingto the Town's Phase II Stormwater Ordinance.
5. The annual inspection shall occur before the first and each subsequent anniversary of the as -built certification.
The inspection report(s) shall be submitted to the Town Attn: Stormwater Administrator at 333 NorthMain
Street, China Grove, North Carolina 28023.

6. The Owner shall provide financial security to ensure perpetual maintenance of the following stormwater BMP
device(s) listed below:
7. An addendum shall be included with this stormwater agreement for each different type of stormwater BMP
device. These addenda shall describe the minimum maintenance measures to be performed for each stormwater
BMP device.
In Witness Whereof, the parties have executed this Agreement the day and year above first written.
ATTEST: (SEAL)
Secretary
STATE OF NORTH CAROLINA
COUNTY OF
personally came before me
by its
President
a Notary Public of said County and State, certify that
this day and acknowledged that he/she is of
a North Carolina limited liability company, and that by authority duly given and as the act of the
Company, the foregoing instrument was signed in its name and
sealed with its corporate seal and attested by him/her as its
Witness my hand and seal this day of , 20_.
Notary
(SEAL)
My Commission Expires:

Town of China Grove
ATTEST: (SEAL) A North Carolina Municipal Corporation
By:
Ken Deal, Town Manager
Pamela Mills, Town Clerk
This document has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act.
Mary Jo Bopp, Finance Director
Town of China Grove
Approved as to form on behalf of the Town of China Grove.
Tom Brooke, Town Attorney for the Town of China Grove
STATE OF NORTH CAROLINA
COUNTY OF ROWAN
I, _ a Notary Public of said County and State, certify that Pamela Mills personally came
before me this day and acknowledged that she is Town Clerk of the Town of China Grove, a North Carolina Municipal Corporation,
and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name and by its
Town Manager, sealed with its corporate seal and attested by her as its Town Clerk.
Witness my hand and seal this day of , 20
(SEAL)
My Commission Expires:
Notary Public