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Design & Construction Specifications - Town of Kernersville

Design & Construction Specifications - Town of Kernersville

Design & Construction Specifications - Town of Kernersville

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STATE OF NORTH CAROLINACOUNTY OF FORSYTHPermit No.__________OPERATION AND MAINTENANCE AGREEMENTTHIS AGREEMENT made pursuant to <strong>Town</strong> <strong>of</strong> <strong>Kernersville</strong> Watershed Protection Ordinanceand entered into this __________ day <strong>of</strong> __________________, 20___, by and between the TOWN OFKERNERSVILLE, a North Carolina Municipal Corporation, Party <strong>of</strong> the First Part, hereinafter referred toas "TOWN"; and ____________________________ and ____________________________, Parties <strong>of</strong> theSecond Part, here-in after referred to as "Property Owner".W I T N E S S E T H:1. The OWNER is the owner <strong>of</strong> certain lands lying in Tax Block _________, Tax Lot_________ upon which it is erecting and will make improvements, said development to be known as_________________________________________________________ (hereinafter the "PROPERTY").2. The OWNER desires to build engineered stormwater controls using wet detentionponds and related structures (hereinafter Stormwater Control Structure) to provide storage andtreatment <strong>of</strong> stormwater run<strong>of</strong>f to serve the Development on said lands, as required by the <strong>Kernersville</strong>Watershed Protection Ordinance (hereinafter the "ORDINANCE").3. The OWNER has applied to the TOWN for the issuance <strong>of</strong> a high density watershedpermit to construct, maintain and operate the Stormwater Control Structure consistent with the plansand specifications <strong>of</strong> the Stormwater Control Structure and the Operation and Maintenance Agreementon file at the <strong>of</strong>fice <strong>of</strong> the Watershed Administrator and to develop lands within the Abbots CreekWatershed.4. The OWNER has conveyed unto the <strong>Town</strong> <strong>of</strong> <strong>Kernersville</strong>, or its successors or assignsan Easement and Right-<strong>of</strong>-Way establishing the right <strong>of</strong> ingress, egress and regress over the propertyfor the purpose <strong>of</strong> inspection, repair, or maintenance <strong>of</strong> the stormwater control structure(s). Adescription <strong>of</strong> the area containing the stormwater control structure(s) within a drainage easement iscontained within the Deed filed with the Register <strong>of</strong> Deeds together with all dedication(s) necessary foraccess to and from the storm-water control structure(s) and a public street. The detention pond,vegetative filters, all pipes and water control structures, including berms and dikes, and sufficient areato perform inspections, maintenance, repairs and reconstruction together with all Easements andRight-<strong>of</strong>-Way applying thereto has been shown on the Deed.7. The OWNER has granted a Contractual Lien (hereinafter LIEN) to the TOWN on all landssubject to the PERMIT for the purposes <strong>of</strong> maintenance, repair, or reconstruction <strong>of</strong> the StormwaterControl Structure(s) as set forth by the Operation and Maintenance Agreement. Said LIEN shall besubordinate only to any first Deed <strong>of</strong> Trust recorded for the property. The applicant has caused theLien to be recorded by the Register <strong>of</strong> Deeds and has delivered a copy <strong>of</strong> the Watershed Administratorafter recordation.8. The TOWN desires to assure that the Stormwater Control Structure(s) <strong>of</strong> thePROPERTY are propertly constructed, maintained and operated in accordance with law, the

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