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WHEREAS, this Agreement and the easements created herein are established in accordance with the requirements of N.C.G.S. Sec 143 -211 et. Seq ., Article 4 of the CCDO and Article I of the Concord Manual NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may derive therefrom, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby dedicates, bargains, grants and conveys unto the Grantee, and its successors and assigns, a perpetual, and irrevocable right and non - exclusive leasehold easement in gross (of the nature and character and to the extent hereinafter set forth) in, on, over, under, through and across that portion of the Property labeled "Perpetual Stormwater Best Management Practice Drainage and Maintenance Easement (1.212 Acres)" as shown on the survey map entitled "Utility and Access Easement — Map 4 of 4 ", attached as Exhibit A (the "Easement Area ") for the purpose of inspection and maintenance of the Stormwater Control BMP Structures (hereafter the "Easement "). Within the Easement Area, Grantor shall conduct best management practices as more fully set forth herein and in the CCDO and Concord Manual. Also within the Easement Area, Grantor shall construct, maintain, repair and reconstruct the Stormwater Control BMP Structure, which include (i) the Stormwater Control BMP Structure and any other stormwater quantity and/or quality control devices and /or structures, otherwise known as `BMPs," described on the plan approved by the City of Concord and filed at the A.M. Brown Operations Center, 850 Warren Coleman Blvd., Concord, NC 28025; and (ii) the aforesaid Access Easement labeled "Variable Width Stormwater Best Management Practice Access Easement (0.743 Acres)" as shown on the two (2) survey maps entitled "Utility and Access Easement — Map 3 of 4 and Map 4 of 4" for permitting access to the aforesaid Stormwater Control BMP Structure for the purpose of permitting City access, inspection and, in accordance with the terms of paragraph 4 of this Agreement, maintenance and repair of the Stormwater Control BMP Structure, all as more fully set forth herein and in the CCDO and Concord Manual. Except as set forth herein, nothing herein contained shall be deemed to be a gift or dedication of any portion of the Grantor's Property to the general public or for any public use or purpose whatsoever, and further except as herein specifically provided for the benefit of the City, no rights, privileges or immunities of Grantor shall inure to the benefit of any third -party, nor shall any third -party be deemed to be a beneficiary of any of the provisions contained herein. The additional terms, conditions, and restrictions of this Agreement are: 1. The requirements pertaining to the Stormwater BMP Easement is more fully set forth in the current adopted and published editions of the four following documents: (1) Article 4 of the CCDO, (2) Article I, Section 1 of the Concord Manual, (3) the attached Inspection and Maintenance Plan and (4) as provided in the N.C. Dept. of Environment and Natural Resources (DENR) Stormwater Best Management Practices (BMP) Manual which are all incorporated herein by reference as if set forth in their entireties below. Grantor further agrees Grantor shall perform the following, all at its sole cost and expense: a. All components of the Stormwater Control BMP Structure and related Stormwater BMP Easement are to be kept in good working order. b. The Stormwater BMP Easement and the components listed in sub - section a. immediately above shall be maintained by the Grantor as described in the Inspection and Maintenance Plan attached hereto and marked "Exhibit B" and incorporated herein by reference. 2 Attachment number 5 F -1 Page 52