SW3221201_Deed Restriction/Protective Covenant Form_20221206

Carolina Pets Animal Hospital
DECLARATION OF COVENANTS
For Operation and Maintenance of Water Quality and/or Water Quantity Control Structures
Village of Wesley Chapel
THIS DECLARATION OF COVENANTS, made this W
1 1 day of 20 2�
by t Lju\ e7� l'S�L� hereinafter referred to as the
"Developer" to and for the benefit of the Village of Wesley Chapel, hereinafter referred to as
the "Village" and its successors and assigns.
WITNESSETH:
WHEREAS, the Village is authorized to ensure that properties are not unreasonably
burdened with stormwater runoff from development or redevelopment activities within its
jurisdiction as set forth in the Village Drainage, Storm Water Management & Wetland
Protection Ordinance' ("Storm Water Management Ordinance"): and
WHEREAS, the Developer is the owner of a certain tract or parcel of land more
particularly described as: Carolina Pets Animal Hospital being all or part of the land which it
acquired by deed dated 06 05 20 from Village of Wesley Chapel grantors, and recorded with
the Union County Register of Deeds Office, in Book 7691 at Page 0708 such property being
hereinafter referred to as the "the property;" and
WHEREAS, the Developer desires to construct certain improvements on its property
regulated by the Village Storm Water Management Ordinance; and
WHEREAS, in order to construct certain improvements on its property, the Developer
desires to build and maintain at its expense, water quality and/or quantity control structures
(collectively, the "Stormwater Management Facilities" or "SMFs") more particularly described
and shown on plans titled Carolina Pets Animal Hospital; and
WHEREAS, the Village or its designee have reviewed and approved the plans associated
with the Storm Water Management Plan subject to the execution of this agreement.
NOW THEREFORE, in consideration of the benefits received by the Developer as a result
of approval by the Village or its designee of these plans, the Developer, with full authority to
execute deeds, mortgages, other covenants, and all rights, title and interest in the property
described above, does hereby covenant with the Village of Wesley Chapel as follows:
1

1. The Developer shall develop and attach to this "DECLARATION OF COVENANTS" for
recording at the Union County Register of Deeds Office a "MAINTENANCE PLAN" that
has been reviewed and approved by the Village or its designee. This Maintenance Plan
shall describe the specific maintenance practices to be performed for the above
referenced SMFs and include a schedule for implementation of these practices. The
Plan shall indicate that the SMFs shall be inspected by a qualified professional on a
regular basis to ensure that they are operating properly.
2. The Developer shall perpetually operate, maintain, and repair, at its sole expense, the
above -referenced SMFs in strict accordance with the Storm Water Management
Ordinance, these Covenants, the attached Maintenance Plan approved by the Village or
its designee, and all applicable laws and regulations or rules.
3. The Developer shall, at its sole expense, make such changes or modifications to the
SMFs as may, at the discretion of the Village or its designee, be determined necessary to
ensure that the facilities and systems are properly maintained and continue to operate
as designed and approved.
4. The Village, its agents, employees and contractors shall have the perpetual right of entry
to inspect, monitor, maintain, repair and reconstruct the SMFs.
5. The Developer agrees that should it fail to correct any defects in the above described
SMFs within ten (10) days from the issuance of written notice, or shall fail to operate,
maintain, and repair the structures in accordance with the Storm Water Management
Ordinance, these Covenants, the attached Maintenance Plan and with all applicable
laws, regulations and rules or, in the event of an emergency as determined by the
Village or its designee in its reasonable discretion, the Village or its designee is
authorized to enter the property to make all repairs, and to perform all maintenance,
construction and reconstruction as the Village or its designee deems necessary. The
Village or its designee shall then recover from the Developer any and all costs the Village
expends to maintain or repair the SMFs or to correct any operational deficiencies.
Failure to pay the Village or its designee all of its expended costs, after forty-five days
written notice, shall constitute a breach of this agreement and interest will accrue on
the amounts due at the rate of eight percent (8%) per annum. The Village shall have a
lien against the property for such costs (plus interest, collection costs, and reasonable
attorneys fees related thereto) in the nature of a mechanic's and materialman's lien.
The Village or its designee shall thereafter be entitled to bring an action against the
Developer to pay, or foreclose upon the lien hereby authorized by this agreement
against the property, or both.
6. Developer shall secure its obligations under these Covenants by providing the Village
with a surety bond or other guaranty of maintenance in the amount of 1/3 of the total
costs of construction of the SMFs, as shown by a construction cost estimate provided by
Developer's engineer and approved by the Village Engineer. Developer shall provide the
2

security, in a form acceptable to the Village and prior to Final Plat approval or issuance
of a Zoning Permit. If, at any time, any portion of the security is forfeited, the Village
may, at its discretion, require Developer to provide new security equal to 1/3 of the
then current cost of replacement of the SMFs, as shown by a construction cost estimate
provided by the Developer's engineer and approved by the Village. All fees for
engineering services incurred by the Village in order to approve the amount of the
security shall be reimbursed by Developer.
7. The Developer shall not obligate the Village to maintain or repair any of the SMFs, and
the Village shall not be liable to any person for the condition or operation of any of the
SMFs.
8. The Developer shall not in any way diminish, limit, or restrict the right of the Village to
enforce any of its ordinances as authorized by law.
9. The Developer shall indemnify, save harmless and defend the Village and its Mayor,
Councilmembers, employees, agents, contractors, and designees (collectively, the
"Village Parties") from and against any and all claims, demands, suits, liabilities, losses,
damages and payments including attorney fees claimed or made by persons not parties
to this Declaration against the Village or the Village Parties that are alleged or proven to
result or arise from the Developer's construction, operation, or maintenance of the
SMFs.
10. The covenants contained herein shall run with the land and the Developer further
agrees that whenever the property shall be held, sold and conveyed, it shall be subject
to the covenants, stipulations, agreements and provisions of this Declaration, which
shall apply to, bind and be obligatory upon the Developer hereto, its heirs, successors
and assigns and shall bind all present and subsequent Owners or Developers of the
property served by the SMFs. Upon the sale and conveyance by the Developer of the
Property (or any portion thereof) of its entire interest therein (including, without
limitation, all developer and declarant rights with respect to this agreement and the
development of the Property and all of Developer's obligations under this agreement),
such Developer shall automatically be deemed to be released of all future obligations
thereafter arising under this Declaration; and as to any future Developer or Owner of
the Property, or any portion thereof, such future Developer or Owner shall
automatically be subject and bound by the terms and provisions of this Declaration
upon its acquisition of fee simple title to the Property (or portion thereof) in the same
manner as the Developer of the Property as of the date hereof is presently bound under
this Declaration.
11. The provisions of this Declaration shall be severable and if any phrase, clause, sentence
or provisions is declared unconstitutional, or the applicability thereof to the Developer is
held invalid, the remainder of this Declaration shall not be affected thereby.
3

12. In the event that the Village or its designee shall determine at its sole discretion at future
time that the SMFs are no longer required, then the Village or its designee shall at the request of
the Developer execute a release of this Declaration of Covenants which the Developer shall
record at its expenses.
IN WITNESS WHEREOF, the Developer has executed this Declaration of Covenants as of this
Nh`day of_* 20�hT.
FOR THE DEVELOPER(S)
( IC&-1111/Z y
(Signature)
&my/ CV is S t 'Y
(Printed Name aAd Title
Contact information for Notices:
Address: 1
Phone: -VA - in 20
STATE OF LLN (? 6� CN7
COUNTY OF \ W(X\
On this day of �eT��r , 20. before me, the undersigned officer, a
Notary Public in and for the State and County aforesaid, personally appeared
^-,r Neh�--'rs I I who acknowledged himself to
be V tES4e At of tJ C- M E-SfA t-Z , and he as
such authorized to do so, executed t going instrument for the purposes therein
contained by signing his name as for said
NGt-.\,w Q -A ts� -
WITNESS my hand and Notarial Seal
My commission expires
Seen and approved:
(Wesley Chapel Zoning Administrator) Date
MUM
T AYE ''�•i�•••
�01A/, ),
my ew". Ea ,
OlWams
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SMF Maintenance Plan
Carolina Pets Animal Hospital
Village of Wesley Chapel
Date: September 1, 2021
[This document must be recorded as an Addendum to the Operation & Maintenance
Agreement]
I. General SMF Information [Complete this table with each SMF that is planned within
the development. Use the same naming system used on the approved plans, ie.
Birkdale Phase I Bioretention 1]
SMF ID Name
Street with Block Number
Parcel Tax ID
Sand Filter
Waxhaw-Indian Trail Road
06045009E
Level Spreader
Waxhaw-Indian Trail Road
06045009E
11. SMF Site Location Map (attached) [Attach a small site plan map coinciding with the
table above to show the general location of each SMF within the development.]
III. Maintenance Annual Budget [Provide a simple annual budget for maintenance and
inspection of SMFs and list the source of funding, ie. Developer, trust, HOA, etc. Edit
chart below as necessary]
Budget for SMF Maintenance
/ Inspections for Sand Filter
Expenses
Estimated Costs
Source of Funding
Routine inspections
Sediment removal
Plant management / weed
control
Replacement supplies, rock,
plants, soil media, mulch
Mowing and litter removal
Seeding
Miscellaneous
[Other]
Total 1$2,975
1
Owner
5

IV
V.
Budget for SMF Maintenance / Inspections for Level Spreader
Expenses I Estimated Costs Source of Funding
Yearly Inspection (or after $2,000 Owner
storms greater than or equal
to a two year, 24 hour event)
Escrow Account Activity
Provide documentation of SMF maintenance escrow account activity. This may be
provided in the form of a bank statement which includes the current balance,
deposits and withdraws for the previous 12 months.
Maintenance Inspection Reports
As indicated in Chapter 14.7.4 of the Village Zoning Ordinance, annual maintenance
inspection reports shall be submitted to the Village Administrator. The first report
shall be submitted one year following the final approval date of the SMF and each
year thereafter on or before the approval anniversary date. Annual maintenance
inspection reports shall be sealed by a registered North Carolina professional
engineer or landscape architect. All maintenance activities and inspection reports
shall be kept on file by the Developer or subsequent Home Owners Association and
made available to the Village if so requested. These inspections shall be
discontinued only if the SMFs are accepted for maintenance by the applicable
jurisdiction.
C

VI. Routine Maintenance Tasks and Schedule
Provide documentation of specific maintenance tasks and frequency for each type of
SMF. Edit chart below as necessary.
SMF Maintenance / Inspection Schedule
Maintenance Task
Frequency
Routine inspections
quarterly
Sediment removal
as needed determined by
inspections
Plant management / weed control
quarterly
Replacement supplies, rock, plants,
soil media, mulch
annually
Mowing and litter removal
weekly
Seeding
bi-annually
VII. Contact information for Notices:
Address:
Phone: 7iM - ton.
7

LEVEL SPREADER
PCCE
FI L'
PF10P., STORY BLDG
(ia.isz 6n
�1No �-"",Zzzw
WAXHAW-INDIAN TRAIL ROAC) (S.R. #1008)
PUBLIC R/W VARIES; SPEED LIMIT: 35 MPH
NCDOT MAINTAINED; PLAT CABINET J-6
R/W DEDICATED BY PLAT CAB. H, FILE 23