20220684 Ver 2_21-027 - The Charles - COG Nutrient Reducing BMP Agreement - Signed by Owner Only_20230517

NORTH CAROLINA
PITT COUNTY
BMP OPERATION AND MAINTENANCE AGREEMENT'
THIS AGREEMENT,made and entered into this 20 day of April 20 23 by and
between The Charles on Charles,LLC hereinafter called the "Landowner" and the
City of Greenville,hereinafter called the"City"
WITNESSETH,that
WHEREAS,the Landowner is the owner of certain real property described as Pitt County Tar
Parcel Number 87744 as recorded by deed in the land records of Pitt County, North
Carolina,Deed Book 4253 at Page(s) 62-65 ,hereinafter called the"Property".
WHEREAS,the Landowner is proceeding to build on and develop the Property;and
WHEREAS,the Site Plan/Subdivision Plan known as, The Charles
(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 detention of stormwater within the confines of the property and;
WHEREAS,the City and the Landowner,its successors and assigns, including any homeowners
associations, agree that the health, safety, and welfare of the residents of the City of Greenville, North
Carolina,require that on-site stormwater management/BMP facilities be constructed and maintained on the
Property;and
WHEREAS,the City requires that on-site stormwater management/BMP facilities as shown on
the Plan be constructed and adequately maintained by the Landowner,its successors and assigns,including
any homeowners associations.
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:
I. The on-site stormwater management/BMP facilities shall be constructed by the Landowner, its
successors and assigns,in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall
adequately maintain the stormwater management/BMP facilities in accordance with the
requirements of the City of Greenville's Stormwater Management Program,Which references the
North Carolina Department of Environment and Natural Resources, Division of Water Quality,
Water Quality Section,Stornnvater Best Management Practices Manual.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.
1 Return to:
City of Greenville,Public Works Department,Engineering
1500 Beatty Street,Greenville,NC 27834

3. The Landowner,its successors and assigns,shall have a qualified professional as defined by Title
9 Chapter 9 of the Greenville City Code inspect the stormwater management/BMP facility and
maintain annual inspection reports. 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. Annual reports
shall be kept on record for a minimum of five years and shall be made available to the City upon
request.
4. The Landowner,it successors and assigns,hereby grant permission to the City,its authorized agents
and employees, to enter upon the Property and to inspect the stormwater management/BMP
facilities whenever the City deems necessary.When making the entry,the City will take reasonable
efforts to ensure the entry does not unreasonably interfere with the business operations of the
Landowner, its successors and assigns,at the Property.The purpose of inspection is to follow-up
on reported deficiencies and/or to respond to citizen complaints. The City shall provide the
Landowners, its successors and assigns, copies of the inspection findings and a directive to
commence with the repairs if necessary.
5. In the event the Landowner, its successors and assigns, fail to maintain the stormwater
management/BMP facilities in good working condition acceptable to the City within 60 days after
receipt of the inspection findings and a directive to commence with the repairs,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 Landowner, 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 Landowner outside the easement for the stormwater management/BMP
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. The Landowner,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 stormwater
management/BMP facilities(including sediment removal)is outlined on the approved plans,the
schedule will be followed.
7. 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
Landowner, 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.
8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees
to hold the City harmless from any liability in the event the stormwater management/BMP facilities
fail to operate properly.
9. This Agreement shall be recorded in the Registry of Deed among the land records of Pitt County,
North Carolina,and shall constitute a covenant running with the Property,and shall be binding on
the Landowner,its administrators,executors,assigns,heirs and any other successors in interests,
including any homeowners association.

IN WITNESS W14EREOF:the parties hereto have executed this agreement on the day and year
first above written:
Charles on Charles,LLC
Company/Corporation/Partnership Name Mailing Address
639 Executive Place,Suite 400
By: Fayetteville,NC 28305
STATE OF: North Carolina
COUNTY OF. -C 6Vj
I,_COLS-eu LJuc uoyl a Notary Public for above said County and State, certify
that J.Patrick Raynor appeared before me this day and acknowledged that
he/she is Manager of Charles on Charles,LLC and that he/she,being authorized
to do so,executed the foregoing on behalf of the corporation.
Witness my official seal,this the 20 day of April 2023
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My Commission Expires: 2 Z LD a(�
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City of Greenville,Pitt County,North Carolina �.e°� •',���.`
Company/Corporation/PartnershipName Mailing Address Q��.��,
1500 Beatty, Street vp�' I G�
By: Lisa Ann Kirby,City Engineer Greenville,NC 27834
(Name and Title)
STATE OF:
COUNTY OF:
1, ,a Notary Public for Pitt County,North Carolina,certify that
Lisa Ann Kirby personally appeared before me this day and acknowledged that she is the City Engineer
for the City of Greenville,a corporation,and that she,as City Engineer,being authorized to do so,executed
the foregoing on behalf of the corporation.
Witness my hand and official seal,this the day of 20_
Notary Public
My Commission Expires:
APPROVED AS TO FORM:
City Attorney Date