WQ0028995_Operational Agreement_20190717

DocuSign Envelope ID: 19EB8601-7BA2-441E-AA02-9608642FAD81
STATE OF NORTH CAROLINA
COUNTY OF Carteret Permit No. WQ0028995
DEVELOPER'S OPERATIONAL AGREEMENT
� t, 1--l-I
This AGREEMENT made pursuant to G.S. 14' )-215.1 (d 1) and entered into this day of
e­ ­, a
k by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Z:�
Elkview Holdings, LLC
, a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in Carteret County, upon
which it is erecting and will erect dwelling, units and other improvements, said development to beknown
Park Villas (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.
I 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 Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, Park Villas PUD Association, Inc. (hereinafter
Association), a non-profit 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 and repairing 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 and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
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:
I 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 andlaw.
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 andDeclaration.
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 DEVELOPER's
successor.
FORM: DEV 03-19 Page I oft

4 The DEVELOPER shall provide in the Declaration and Association Bv|uvvs that the Disposal and
appurtenances thereto are part of the conornun c|cnncmts and shall thereafter he properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and /boilihcx. The Declaration and E]y|ovvo shall identify the entire vvustovvatcr
treatment, collection and disposal system as acononnon 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 ofthe 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 cornmon expenses,
Such fund ohu|| bcseparate from the routine maintenance funds allocated for the facility and shall be part
ofthe yearly budget.
h, In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance ofthe Disposal System, the Declaration and Association 8y!an'x ohui| 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 sbu|| provide that such special assessments can be made as necessary o1any
7. Ifawastewater collection system and wastewater treatment and/or disposal facility provided byany 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
csiadn� and [u1or�vvaa��p/n1crofthc {]�v�|opnncn(to h� 000�p�cd and discharged into said governmental
oyu1enn, and ohu|| convey or transfer as much of the Disposal System and such necessary easements as the
�ovcrnnuentu|onitouayregoirc0000nditinnufaccepdngLhe[)uve|oprncnt'svvustcvvu1e,.
8. Recognizing that kwould becontrary to the public interest and to the public health, safety and welfare for
the Association toenter into voluntary dissolution without havin�nmudcadequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the [)E\/EL.(]PE}{ shall provide in the
Association Bylaws that the Association ohu\} not enter into voluntary dissolution without first having
transferred its said ayateno and facilities to some person, corporation or other entity acceptable to and
approved by the C(}M&Y|5S|[N by the issuance ofaperrnit.
9. The agreements set forth innumbered 1,2,3,45,6, 7and 0above shall hcconditions ofany
perm/it issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation ofthe Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices ufthe Secretary ofState ofNorth Carolina with the Articles ofIncorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed induplicate mi�in���auth
orized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT
Linda Culpepper
Director, Division of Water Resources
7/19/2019
Im
NameofDEVELOPER
Print Name and Title
FORM: [)E\7O3-|V Page 2of2