NCC204170_NOT Closeout Documents (4)_20231030

B35028 - P 186
FOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenburg County NC
2020 SEP 09 10:13:38 AM
BK:35028 PG:186-194
INSTRUMENT$#62020144048
GOREAS
2020144048
PROJECT GREEN
DECLARATION OF COVENANTS
For Maintenance of Water Quality and Water Quantity Control Structures
Town of HUNTERSVILLE
THIS DECLARATION OF COVENANTS, made this 8'day of. V,, 20 Lev , by
SAERTEX USA,LLC hereinafter referred to as the "Owner" to and for the benefit of the Town
of HUNTERSVILLE and its successors and assigns.
WITNESSETH:
WHEREAS, the Town of HUNTERSVILLE is authorized to prevent surface water
quality degradation from development or redevelopment activities within its jurisdiction as set
forth in the Town of HUNTERSVILLE Post-Construction Storm Water Ordinance: and
WHEREAS, the Owner is the owner of a certain tract or parcel of land more particularly
described as: 12020 MT HOLLY-HUNTERSVILLE ROAD being all or part of the land which it
acquired by deed dated MAY 26, 2016 from JOHN B. YOUNG, JR grantors, and recorded with
the Mecklenburg County Register of Deeds Office , in Book 30852 at Page 557 such property
being hereinafter referred to as the"the property;" and
WHEREAS, the Owner desires to construct certain improvements on its property
regulated by the Town of HUNTERSVILLE Post-Construction Storm Water Ordinance; and
WHEREAS, in order to construct certain improvements on its property, the Owner
desires to build and maintain at its expense, water quality and water quantity control structures
more particularly described and shown on plans titled PROJECT GREEN and further identified
under Storm Water Management Permit Number EPM NUMBER 408357 and in the
Maintenance Plan attached as Exhibit"A"; and
WHEREAS, the Town of HUNTERSVILLE or its designee have reviewed and approved
the plans associated with the Storm Water Management Permit subject to the execution of this
agreement.
Form#PC019 (Revision October 2013)

B35028 - P 187
NOW THEREFORE, in consideration of the benefits received by the Owner as a result of
approval by the Town of HUNTERSVILLE or its designee of these plans, the Owner, 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 Town of HUNTERSVILLE as follows:
1. The Owner has developed and attached to this "DECLARATION OF COVENANTS" as
Exhibit"A" for recording at the Mecklenburg County Register of Deeds Office a
"MAINTENANCE PLAN"that has been reviewed and approved by the Town of
HUNTERSVILLE or its designee. This Maintenance Plan describes the specific
maintenance practices to be performed for the above referenced water quality and water
quantity control structures and includes a schedule for implementation of these practices.
The Plan indicates that the water quality and water quantity control structures shall be
inspected by a qualified professional at least annually to ensure that they are operating
properly. The Plan specifies the name, mailing address and phone number of the party
responsible for the fulfillment of the Maintenance Plan and, if required by the Post-
Construction Storm Water Ordinance describes the mechanism by which the funding for
the performance of this maintenance shall be secured.
2. The Owner shall construct and perpetually operate and maintain, at its sole expense,the
above-referenced water quality and water quantity control structures in strict accordance
with the attached Maintenance Plan approved by the Town of HUNTERSVILLE or its
designee.
3. The Owner shall, at its sole expense, make such changes or modifications to the water
quality and water quantity control structures as may, at the discretion of the Town of
HUNTERSVILLE 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 Town of HUNTERSVILLE, its agents, employees and contractors shall have the
perpetual right of entry to inspect, monitor, maintain, repair and reconstruct the water
quality and water quantity control structures.
5. The Owner agrees that should it fail to correct any defects in the above described water
quality and water quantity control structures within of the timeframe specified in a
written notice,or shall fail to maintain the structures in accordance with the attached
Maintenance Plan and with the law and applicable executive regulation or, in the event of
an emergency as determined by the Town of HUNTERSVILLE or its designee in its
reasonable discretion,the Town of HUNTERSVILLE or its designee is authorized to
enter the property to make all repairs, and to perform all maintenance, construction and
reconstruction as the Town of HUNTERSVILLE or its designee deems necessary. The
Town of HUNTERSVILLE or its designee shall then recover from the Owner any and all
costs the Town of HUNTERSVILLE expends to maintain or repair the water quality and
water quantity control structures or to correct any operational deficiencies. Failure to pay
the Town of HUNTERSVILLE or its designee all of its expended costs, after forty-five
days written notice, shall constitute a breach of the agreement. After the occurrence of
such breach, the Town of HUNTERSVILLE or its designee shall thereafter be entitled to
Form#PCO19 (Revision October 2013)

B35028 - P 188
bring an action against the Owner to recover the amounts owed, including interest,
collection costs,and reasonable attorney fees.
6. Nothing herein obligates the Town of HUNTERSVILLE to maintain or repair any water
quality or water quantity control structure, and the Town of HUNTERSVILLE shall not
be liable to any person for the condition or operation of any water quality or water
quantity control structure.
7. The Owner shall not in any way diminish, limit, or restrict the right of the Town of
HUNTERSVILLE to enforce any of its ordinances as authorized by law.
8. The Owner shall indemnify, save harmless and defend the Town of HUNTERSVILLE or
its designee 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 Town of HUNTERSVILLE or its designee that are alleged or
proven to result or arise from the Owner's construction, operation, or maintenance of the
water quality and water quantity control structures that are the subject of this Covenant.
9. The covenants contained herein shall run with the land. Specifically,whenever the
property or any part thereof is sold or conveyed, the property shall remain subject to
the covenants, stipulations, agreements and provisions of this Declaration, which shall
apply to,bind and be obligatory upon the Owner hereto, its heirs, successors and assigns
and shall bind all present and subsequent owners of the property. Upon the sale or
conveyance by the owner of the Property of its entire interest therein, such owner shall
automatically be deemed to be released of all future obligations thereafter arising under
this Declaration; and as to any future owner of the Property, or any portion thereof, such
future owner shall automatically be subject and bound by the terms and provisions of this
Declaration upon its acquisition of title to the Property (or portion thereof) in the same
manner as the owner of the Property as of the date.hereof is presently bound under this
Declaration.
10. The Owner shall promptly notify the Town of HUNTERSVILLE or its designee when
the Owner legally transfers any of the Owner's responsibilities for the water quality and
water quantity control structures. The Owner shall supply the Town of
HUNTERSVILLE or its designee with a copy of any document of transfer, executed by
both parties. In the event the Owner transfers its responsibilities herein to a Home Owner
Association,then the Home Owner Association shall execute such documents regarding
maintenance and funding as required by the Post-Construction Storm Water Ordinance.
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 Owner is held
invalid, the remainder of this Covenant shall not be affected thereby.
12. The Declaration and the exact boundary of all water quality and water quantity control
structures (as shown on final plats prepared by a registered surveyor) shall be recorded at
the Mecklenburg County Register of Deeds Office at the Owner's expense.
Form#PC019 (Revision October 2013)

B35028 - P 189
13. In the event that the Town of HUNTERSVILLE or its designee shall determine at its sole
discretion at future time that the water quality and water quantity control structures are no
longer required, then the Town of HUNTERSVILLE or its designee shall at the request
of the Owner execute a release of this Declaration of Covenants which the Owner shall
record at its expenses.
IN WITNESS WHEREOF, the Owner has executed this Declaration of Covenants as of this
8 4.` day of Sept., 20 'to .
ATTEST: FOR THE COVENANTER(S)
3ltovlt,J
(Signature) (Signature)
M1/4. \•c..,i \A 00 -� aVli e� H-excado
(Printed Name) (Printed Name and Title)
STATE OF /J,r •
COUNTY OF cvkbvgn •
On this 3 day of 1/4.5esrt , 20 4%;'7a, before me, the undersigned
officer, a otary Public in and for the'State and County aforesaid, personally appeared
�l }�
( Vete , who acknowledged himself to
be U ' / c,ij 3,.1 , of 3-, .)e�C, a. A ( CLC.. , and he as such authorized
to do so, executed the fore ng i strument for the purposes therein contained by signing his
name as 4,6 CrT v (��1 jn for said Cte'4c7C, L1 S,41 a-c
WITNESS my hand and Notarial Seal
My commission expires Jo 'J -dog
Notary Public
Seen and approved ,011 l,,
7 4/o'tioxi(4' L' (A/6 7 10W , pGNE<<F
(Storm Water Administrator) N O T q,4
[Attach Exhibit"A"—BMP Maintenance Plan] Y
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Form#PCO19 (Revision October 2013)

B35028 - P 190
Exhibit "A"
BMP Maintenance Plan
PROJECT GREEN
TOWN OF HUNTERSVILLE
3/16/2020
General BMP Information [Complete this table with each BMP that is planned
within the development. Use the same naming system used on the approved plans, ie.
Birkdale Phase I Bioretention 1]
BMP ID Name Street with Block Number Parcel Tax ID
WET POND 1 12020 MT HOLLY 01720202
HUNTERSVILLE
Contact Information for Responsible Party
Name: WAYNE MERRITT, SAERTEX USA, LLC
12200 MT HOLLY HUNTERSVILLE ROAD
Mailing Address: HUNTERSVILLE, NC 28078
Phone Number: 704.464.5998 [e-mail]
II. BMP Site Location Map (attached) [Attach a small site plan map coinciding with
the table above to show the general location of each BMP within the development.]
III. BMP Maintenance and Funding Requirements
Documentation that BMP maintenance activities have occurred shall be provided
during the annual compliance inspection.
a. For commercial properties under single ownership, the owner may provide
maintenance reports, invoices for work performed, etc. as documentation.
There are no specific maintenance funding requirements.
b. For property owner associations (POAs or HOAs), the Owner shall establish
an Escrow Account or other funding source as approved by the Storm Water
Administrator, the funds from which shall be spent solely for sediment
removal, structural,biological or vegetative replacement, major repair,
maintenance or reconstruction of the above referenced water quality and water
quantity control structures. The initial funding of the escrow account shall
occur within 10 days of the Town's or its designee's approval of the
construction of the first water quality or water quantity control structure
required to by this Plan. The amount of funding to be provided on an annual
basis will be an amount equal to five (5)per cent of the initial construction
costs of the water quality and water quantity control structures,plus the
annual inspection and maintenance budget amounts set forth in the Budget for
Form#PCO 19 (Revision October 2013)

B35028 - P 191
BMP Maintenance and Replacement tables below. In the event the Owner
transfers its maintenance responsibilities to another party, such as a Home
Owners Association, then upon the transfer of responsibilities the Owner shall
also transfer complete control of the Escrow Account or other funding source
as approved by the Storm Water Administrator to the other party, which shall
fund and maintain the account in accordance with the above terms and
provisions. Documentation of BMP maintenance escrow account activity shall
be provided to the Town or its designee on an annual basis. The
documentation may be provided in the form of bank statements which include
the current balance, deposits and withdraws for the previous 12 months.
IV. Maintenance Inspection Reports
As indicated in the Post-Construction Storm Water Ordinance, annual maintenance
inspection reports shall be submitted to the Storm Water Administrator. The first
report shall be submitted one year following the final approval date of the BMP and
each year thereafter within 45 days prior to the as-built certification anniversary date.
All maintenance activities and inspection reports shall be documented using the forms
contained in the Administrative Manual. Annual maintenance inspection reports shall
be sealed by a registered North Carolina professional engineer or landscape architect.
These inspections shall be discontinued only if the BMPs are accepted for
maintenance by the applicable jurisdiction
V. Annual BMP Maintenance and Replacement Budget and Maintenance
Schedules
[The following pages outline the specific maintenance tasks and frequency for each
type of BMP and include a summary of budgeted maintenance and replacement costs
in tables. For the recorded document, simply discard the pages (tables) that are not
needed according to the types of BMPs within the development. A separate Table
must be completed for each BMP.]
Form#PCO19 (Revision October 2013)

B35028 - P 192
BMP ID Name: WET POND 1
Wet Pond
Maintenance Tasks and Schedule
TASK SCHEDULE
Forebay inspection and cleanout Monthly inspection. Remove sediment
every 7 years or whenever the sediment
volume exceeds 50% of storage volume
Volume measurement Yearly—Dredging needed every 20
years or when 25% of permanent pool
volume has been lost
Bank mowing and inspection/ stabilization Monthly
of eroded areas
Outlet/inlet inspection and cleanout Monthly
Unwanted vegetation and trash removal Monthly
Visual inspection of water quality Monthly
Inspect/exercise all mechanical devices, Yearly
valves, etc.
Inspect for structural damage, leaks, etc. Yearly
Rodent management As needed
Security As needed
Budget for BMP Maintenance & Replacement
Item Description Estimated Comments
Costs
1 BMP Installation Cost $177,000 GENERAL
CONTRACTOR
2 Surface Cover Cost $0 N/A
(for underground BMPs)
3 Total Initial BMP Construction Cost $177,000
[Item 1 + Item 2]
4 Down Payment [5%x Item 3] $8,850
5 Replacement Cost [Item 3 —Item 4] $168,150
6 Annual Replacement Budget $8,410
[Item 5 /20 years]
7 Annual Inspection& Maintenance Budget $5,130
[230.9 x (Item 1) x Item 1 / 100]
8 Total Annual Budget [Item 6 +Item 7] $13,540
Form#PCO 19 (Revision October 2013)

B35028 - P 193
BMP ID Name: GRASSED SWALE 1
Grassed Channels / Enhanced Swales
Maintenance Tasks and Schedule
TASK SCHEDULE
Mowing Weekly—Monthly(maintain 3—6 inch grass
height)
Inspect condition of dispersion devices and Yearly
check dams
Trash removal Weekly—Monthly(prior to mowing)
Reseed Yearly
Stabilization of eroded areas Monthly
Removal of sediment Yearly
Inspect for clogging(enhanced swale) Monthly
Inspect pea gravel diaphragm and replace/ Monthly
repair as necessary
Budget for BMP Maintenance & Replacement
Item Description Estimated Comments
Costs
1 BMP Installation Cost $31,000 GENERAL
CONTRACTOR
2 Surface Cover Cost $0 N/A
(for underground BMPs)
3 Total Initial BMP Construction Cost $31,000
[Item 1 + Item 2]
4 Down Payment [5%x Item 3] $1,550
5 Replacement Cost [Item 3 —Item 4] $29,450
6 Annual Replacement Budget $1,473
[Item 5 /20 years]
7 Annual Inspection&SMaintenance Budget $3,244
[2526 x(Item1)- s ] x Item 1 / 100]
8 Total Annual Budget [Item 6 +Item 7] $4,717
Form#PC019 (Revision October 2013)

B35028 - P 194
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PROJECT GREEN - BMP MAINTENANCE EXHIBIT
12020 MOUNT HOLLY-HUNTERSVILLE ROAD
HUNTERSVILLE,MECKLENBURG COUNTY,NORTH CAROLINA
SAERTEX USA,LLC