Laserfiche WebLink
2. Upon completion of the construction of the Stormwater Control BMP Structure, the <br />Grantor's N.C. registered professional engineer shall certify in writing to the Concord Director of <br />Water Services that the Stormwater BMP Structure and all components are constructed and <br />initially functioning as designed. Annual inspection reports (each an "Annual Report") are <br />required each year and shall be made by the Grantor on the written schedule provided to the <br />Grantor in advance by the City. The Annual Report shall describe the condition and functionality <br />of the Stormwater Control BMP Structure, and shall describe any maintenance performed thereon <br />during the preceding year. The Annual Report shall be submitted with the signature and seal of <br />the Grantor's N.C. registered professional engineer conducting the inspection. If necessary, the <br />City will provide a letter describing the maintenance necessary to keep the Stormwater Control <br />BMP Structure and all components and structures functioning as designed and with reasonable <br />timeframes in which to complete the maintenance. If the annual report recommends maintenance <br />actions, the repairs shall be made within a reasonable time as defined by the City. <br />Grantor and Grantee understand, acknowledge and agree that the Inspection and <br />Maintenance Plan describes the specific actions needed to maintain the Stormwater Control BMP <br />Structure. <br />3. Grantor represents and warrants that Grantor is financially responsible for <br />construction, maintenance, repair and replacement of the Stormwater Control BMP Structure, <br />appurtenances and vegetation, including impoundment(s), if any. Grantor agrees to perform or <br />cause to be performed the maintenance as outlined in the Inspection and Maintenance Plan and as <br />provided in the NCDENR Stormwater BMP Manual Grantor and any subsequent transferee of <br />Grantor or succeeding owner of the Property shall give the City written notice of the transfer of a <br />fee or possessory interest in the Property listing the transferee's name, address of the Property, <br />transferee's mailing address and other contact information. Grantor and any subsequent <br />transferee of Grantor or succeeding owner of the Property shall not be responsible for errors or <br />omissions in the information about the transferee provided to the City caused by acts or omissions <br />of the transferee. The transferee shall give the City written notice of the acceptance and any <br />future transfer of an interest in the Property listing the transferee's name, address of the Property; <br />transferee's mailing address and other contact information. Upon the conveyance of the Property <br />by Grantor to any transferee acquiring the Property by means of a conveyance document <br />containing the language set forth in paragraph 9 below, Grantor is released from any further <br />covenants or other obligations set forth in this Agreement. <br />4. If Grantor fails to comply with these requirements, or any other obligations imposed <br />herein, in the CDO, the Concord Manual or approved Inspection and Maintenance Plan, the City <br />of Concord may perform such work as Grantor is responsible for and recover the costs thereof <br />from Grantor. <br />5. This Agreement gives the Grantee the following affirmative rights: <br />Grantee, its officers, employees, and agents may enter the Stormwater BMP Easement whenever <br />reasonably necessary for the purpose of inspecting same to determine compliance herewith, to <br />maintain same and make repairs or replacements to the engineered stormwater control structure <br />and appurtenances and conditions as may be necessary or convenient thereto in the event Grantor <br />defaults in its obligations and to recover from Grantor the cost thereof, and in addition to other <br />rights and remedies available to it, to enforce by proceedings at law or in equity the rights, <br />covenants, duties, and other obligations herein imposed in this Agreement. <br />Attachment number 5 <br />F -1 Page 53 <br />