WQ0045933_Beckett_Townes_Phase_1_FTSSE_Operational_Agreement_20241028

STATE OF NORTH CAROIINA
wQ004593.3
COUNTY OF-ForsythPermit No.
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered -into this :. day of
September 2024 , by and between the North Carolina Environmental Management
Commission, an agency of the. State of North Carolina, hereinafter known as the COMMISSION; and
LeoTerra, Johnson Street LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Guilford. County, upon
.which it is erecting and.will erect dwelling units,and other improvements, said development to beknown
as Beckett Townes Ph 1 (hereinafter the Development).
2. The .DEVELOPER desires, to construct. a wastewater collection system with pumps, wastewater treatment
works, and/or disposal .facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has. applied to the COMMISSION for the issuance of.a permit pursuant to G.S: 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership 'in said dwellings units, --other improvements
and lands through filing of a Declaration of Unit. Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the'North:Caro lina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, Beckett Townes Homeowners Association Inc (hereinafter
Association), a non -prof i corporation, organized and existing under and by the virtue of the laws of the State
of North Carolina, for'. the purpose, among .others, of handling the property, affairs and business of the
Development;. of operating, maintaining, re-constructing-andrepairing the common elements of the lands
and improvements subject to unit. ownership, including the Disposal System; -and of collecting dues and
assessments to provide.funds for such operation, maintenance, re -construction andrepair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properlyconstructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and"the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: .
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer. ownership and/or control of the Disposal System to the Association
until construction. has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of. the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise. relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPERS
successor.
FORM: DEV 03-19 Page 1 of 2

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4.. The DEVELOPER shall. provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local, taxes and insurance:
5. The DEVELOPER shall provide .in the Declaration and Association- Bylaws that. the Disposal System will
be maintained out of the 'common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be .part
of -the yearly budget.
6. In the event the common expense allocation and separate fund are not. adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall -provide for special
assessments to cover such necessary costs. There shall be. no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as .necessary at any,
time.
7. If a wastewater collection system and wastewater treatment and/or disposalfacility provided by any city,
town, village, county, water and sewer authorities; or other, unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as, much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would.be contrary to the public interest and:to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made-adequate.provision for the continued
proper, maintenance, repair and operation of its Disposal. System; the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for _the construction, maintenance, repair and
operation of the Disposal;System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
f led and in- the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the, day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
DocuSigned by:
�e i �I znal< 0D2D3CE3F1B7456...
Director, Division of Water Resources
10/28/2024
(Date)
LeoTerra Johnson Street LLC
Name of DEVELOPER
B
(Signature)
Christopher Lyons, Manager
Print Name and Title
1116/M
(Date)
FORM: DEV 03-19
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