AG 2012 02 20 - Laserfiche WebLink

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