NCS000408_36_Watercourse Apt Stormwater O&M Agreement- Recorded_20211004

Prepared by and return to: Patrick E. Bradshaw, Bradshaw & Robinson, LLP, P. O. Box 607,
Pittsboro, NC 27312
STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
City of Graham
FILED
ALAMANCE COUNTY, NC
HUGH WEBSTER
REGISTER OF DEEDS
FILED Oct 16, 2015
AT 11:47:29 am
BOOK 03479
START PAGE 0027
END PAGE 0034
INSTRUMENT # 17406
EXCISE TAX (None)
LD
glZsa

Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of September, 2015, by and between
Eco Watercourse LLC, a North Carolina limited liability company, hereinafter referred to as the
"OWNER(S)" and the City of Graham, North Carolina, hereinafter referred to as the "CITY",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
1050 Woody Drive, Graham, North Carolina, as recorded by deed in the land records of
Alamance County, (Alamance County tax Map/Parcel Identification Number)
Deed Book 3363, Page 753 and Deed Book 3363, Page 757, Parcel Identification Number
8884724405, hereinafter called the "Property".
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as Watercourse Apartments,
(Name ofPlan/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
Graham, 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.
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 Manual(s). This includes all pipes and channels
built to convey stormwater to the facility, as well as all structures, improvements, and
Form SWMA-1 2 of 8 July 1, 2007

Structural Stormwater BMP Maintenance Agreement
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.
The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an inspection report. 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.
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.
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, the
CITY may enter upon the Property and take whatever steps necessary to correct
deficiencies identified in the inspection report and to charge the costs of such repairs to
the OWNER, its successors and assigns. This provision shall not be construed to allow
the CITY to erect any structure of permanent nature on the land of the OWNER outside
of the easement for the structural stormwater Management facilities. It is expressly
understood and agreed that the CITY is under no obligation to routinely maintain or
repair said facilities, and in no event shall this Agreement be construed to impose any
such obligation on the CITY.
6. 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 and the
association shall enter into an escrow agreement with CITY. The agreement shall contain
all of the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establishment of an escrow account which can 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. If
structural stormwater Management facilities are not performing adequately or as
intended or are not properly maintained, the CITY, in its sole discretion, may remedy
the situation, and in such instances the CITY shall be fully reimbursed from the
escrow account. Escrowed funds may be spent by the association for sediment
Form SWM4-1 3 of 8 July 1, 2007

Structural Stormwater BMP Maintenance Agreement
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural stormwater Management facilities; provided that, the
CITY shall first consent to the expenditure.
c. Both OWNER contribution and annual sinking funds shall fund the escrow account.
Prior to plat recordation or issuance of stormwater permits, whichever shall first
occur, the OWNER shall pay into the escrow account an amount equal to fifteen (15)
per cent of the initial construction cost of the structural stormwater Management
facilities. Two-thirds (2/3) of the total amount of sinking fund budget shall be
deposited into the escrow account within the first five (5) years and the full amount
shall be deposited within ten (10) years following initial construction of the
stormwater control measure or device. Funds shall be deposited each year into the
escrow account. A portion of the annual assessments of the property owners
association shall include an allocation into the escrow account. Any funds drawn
down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
d. Granting to the CITY a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
e. Allowing the CITY to recover from the association and its members any and all costs
the CITY expends to maintain or repair the stormwater control and management
facility or to correct any operational deficiencies. 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.
f. A statement that this agreement shall not obligate the CITY to maintain or repair any
stormwater control measure or device, and that the CITY shall not be liable to any
person for the condition or operation of structural stormwater Management facilities.
g. A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the CITY to enforce any of its ordinances as authorized by law.
7. 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.
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.
Form SWMA-1 4 of 8 July 1, 2007

Structural Stormwater BMP Maintenance Agreement
9. 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.
10. This Agreement shall be recorded among the land records of Alamance County, 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 SWMA-1 S of 8 July 1, 2007

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
ECO WATERCOURSE LLC
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
By:
Kirk J. Bradley
(Type Name)
Manager
(Type Title)
STATE OF NORTH CAROLINA
ccvnty
C,Y' OF L2e
The foregoing Agreement was acknowledged before me this 0+h day of September,
2015, by
Kirk J. Bradley
0 to
N ARY PUBLIC
My Commission Expires:
N`ee"V OUnl` ites" ��
My C°mmiss o0y7xP
— p1130120} Q
y
rH'C
Form SWAM-1 6 of/$ July 1, 2007

CITY OF GRAHAM, NORTH CAROLINA J OF GR
O!?Y Rq�
Cityof Graham al1851
) z
CE co
By:
7 M
Fras%k;c
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
--E* OF Ark j%,m 0-W-e
The foregoing Agreement was acknowledged before me this (12P day of September,
.````,Q`Gyl i
NOT RY P LI `� Q�'94
s
My Commission Expires: r v S
COV�`;```�
�Mll 1%
Form SWM4-1 7 of 8 July 1, 2007

)ate
Form SWMA-1
8of8
July 1, 2007