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Design & Construction Specifications - Town of Kernersville

Design & Construction Specifications - Town of Kernersville

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ORDINANCE, and High Density Watershed Permit (hereinafter "PERMIT") provisions in order to protectthe quality <strong>of</strong> the waters <strong>of</strong> the State and the public interest therein.NOW, THEREFORE, in consideration <strong>of</strong> the promises and the benefits to be derived by each <strong>of</strong>the parties hereto, the TOWN and OWNER do hereby mutually agree as follows:1. The OWNER shall construct the Stormwater Control Structure(s) in accordance withthe ORDINANCE, PERMIT and plans and specifications hereafter issued and approved by the TOWN;and shall thereafter properly operate and maintain such systems and facilities in accordance with theORDINANCE, and applicable PERMIT provisions, the plans and specifications <strong>of</strong> the StormwaterControl Structure(s), the Operation and Maintenance Agreement and State Law.2. The OWNER shall not transfer ownership and/or control <strong>of</strong> any lots until construction<strong>of</strong> the Stormwater Control Structure has been completed in accordance with the PERMIT andapproved plans, and the <strong>Kernersville</strong> Watershed Administrator has inspected and the WatershedReview Board has approved <strong>of</strong> the facilities. In order to change the name <strong>of</strong> the permit holder, theOWNER must request that the permit be re-issued to the property owners.3. The OWNER shall provide in the Operation and Maintenance Plan that the StormwaterControl Structure, appurtenances and access easements thereto shall thereafter be propertymaintained and operated in conformity with law and the provisions <strong>of</strong> the PERMIT for construction,operation, repair and maintenance <strong>of</strong> the Stormwater Control Structure.4. The agreements set forth in numbered paragraphs 1,2,3,4,5,6,7 and 8 above shall beconditions <strong>of</strong> any PERMIT issued by the TOWN to the OWNER for the construction, maintenance,repair and operation <strong>of</strong> the Stormwater Control Structure.5. A copy <strong>of</strong> this agreement shall be filed at the Forsyth County Register <strong>of</strong> Deeds and inthe <strong>of</strong>fice <strong>of</strong> the Watershed Administrator.IN WITNESS WHEREOF, the parties have hereto set their hands and seals, this ______ day <strong>of</strong>_____________________________, 20___:PARTY OF THE FIRST PART:TOWN OF KERNERSVILLEATTESTED TO:____________________________By:__________________________________PARTY OF THE SECOND PART:_____________________________(SEAL)By:__________________________________ATTESTED TO:____________________________

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