NCS000402_29_SW BMP Maint Agree Rev1 June 1-2011

STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
City of Mebane
June 1, 2011

Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
hereinafter referred to as the "OWNER(S)"
and the City of Mebane, North Carolina, hereinafter referred to as the "CITY",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
of Alamance County or Orange County, Deed Book
Identification Number
hereinafter called the "Property".
as recorded by deed in the land records
Page , Parcel
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as
(Name of Plan/Development)
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the CITY, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the CITY and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
Mebane, North Carolina, require that on -site structural stormwater BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the CITY requires that on -site structural stormwater Management facilities as
shown on the Plan be constructed and adequately maintained by the OWNER, 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:
The on -site structural stormwater Management facilities shall be constructed by the
OWNER, its successors and assigns, in accordance with the plans and specifications
identified in the Plan. This agreement specifically relates to BMP No.(s) as
identified on said plans.
2. The OWNER, its successors and assigns, including any homeowners association, shall
adequately maintain the structural stormwater BMP facilities in accordance with the
approved Operation and Maintenance Plan or Manual(s). 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.
Form SWM4-1 2 of 6 June 1, 2011

Structural Stormwater BMP Maintenance Agreement
3. The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an annual inspection
report to the City. The inspection report shall be due annually 30 days from the date of
the final structural stormwater Management facilities construction inspection. 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. In the case of BMP's
located in the Public Water Supply Watershed, annual inspections will be made by the
city and paid for by the Owner from the fees collected at the time of BMP plan approval.
4. The OWNER, its successors and assigns, hereby grant permission to the CITY, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the CITY deems necessary. The purpose of
inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The CITY shall provide the OWNER, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs if necessary.
5. Before the CITY shall approve the completed facility and issue final certificates of
occupancy, the Owner and/or maintaining entity shall furnish the CITY with a financial
guarantee insuring future maintenance, operation, and repair of the facility. The financial
guarantee shall be in the form of cash or an irrevocable letter of credit and made payable
to the CITY. The amount of guarantee shall be 40% of the total cost of constructing the
facility based on actual contract prices for said facility. The Owner and/or maintaining
entity shall also pay to the CITY as this time a fee for annual inspections for facilities
located in the Public Water Supply Watershed, currently set at $10,000.00 per BMP.
The initial duration of the financial guarantee shall be for 20 years. At the end of that
period, the CITY may extend such periods of guarantee as the CITY deems appropriate.
The financial guarantee may be dissolved at any time by mutual agreement when the
need for such guarantee no longer exists. Any funds remaining from such guarantee will
be returned to the appropriate entity.
6. In the event the OWNER, its successors and assigns, fails to maintain the structural
stormwater Management facilities in good working condition acceptable to the CITY or
that maintenance and repairs are not being made as required or that any action is not
being done in accordance with this agreement, the CITY shall notify the responsible
entity who shall be given a reasonable time to correct such deficiencies. Should the
responsible entity fail to act in a timely manner, or otherwise fail to correct the
deficiencies, the CITY will institute appropriate action to obtain compliance including
criminal or civil penalties, or both. In addition, the CITY may declare the responsible
entity in default of this agreement and financial guarantee and use part or all of such
guarantee funds to correct the deficiencies and may assume actual operation and
maintenance. Default of this agreement does not release the responsible entity from
liability/responsibility for the deficiencies, nor release the entity from this agreement.
Likewise, default of this agreement does not prevent the CITY from taking action against
the responsible entity to recover the cost of such actions to correct the deficiencies.
Form SWM4-1 3 of 6 June 1, 2011

Structural Stormwater BMP Maintenance Agreement
7. For all structural stormwater Management facilities which are to be or are owned and
maintained by a property owner's association or similar entity, the OWNER also agrees
to the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establish adequate owner/property association dues which are to be spent solely for
sediment removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the stormwater control measures and devices of the particular site
plan or subdivision.
Granting to the CITY a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
d. Allow the CITY to recover from the association and its members any and all costs the
CITY may expend to maintain or repair the stormwater control and management
facility or to correct any operational deficiencies as a result of default by the
Owner/association/responsible entity. Failure to pay to the CITY all of its expended
costs, after thirty (30) days written notice, shall constitute a breach of the agreement.
The CITY shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien herein authorized by the agreement
against the property, or both in the case of a deficiency. Interest, collection costs, and
attorney fees shall be added to the recovery.
8. The OWNER, 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 structural stormwater Management facilities (including sediment removal) is outlined
on the approved plans, the schedule will be followed.
9. In the event the CITY, 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 OWNER, its successors and assigns, shall reimburse the CITY
upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the
CITY hereunder.
10. This Agreement imposes no liability of any kind whatsoever on the CITY and the
OWNER agrees to hold the CITY harmless from any liability in the event the structural
stormwater Management facilities fail to operate properly.
11. This Agreement shall be recorded among the land records of Alamance County or
Orange County as appropriate, North Carolina, and shall constitute a covenant running
with the land, and shall be binding on the OWNER, its administrators, executors, assigns,
heirs and any other successors in interests, including any homeowners association.
Form SWM4-1 4 of 6 June 1, 2011

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Form SWM4-1 5 of 6 June 2011

CITY OF MEBANE, NORTH CAROLINA
City of Mebane (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
20_, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
City Attorney Date
Form SWM4-1 6 of 6 June 2011