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Appendix 4 <br />Sample Maintenance Agreement <br />STORMWATER MANAGEMENTBMP FACILITIES AGREEMENT <br />Orange County Planning and Inspections Department <br />Orange County, NC <br />THIS AGREEMENT, made and entered into this _ day of , 19____, by and <br />between (Insert Full Name of Owner) <br />hereinafter called the "Landowner ", <br />and the Board of Supervisors of Orange County, North Carolina, hereinafter called the <br />"County ". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property <br />described as (Orange County tax Map/Parcel Identification Number) <br />as recorded by deed in the land records of Orange County, North Carolina, Deed Book <br />Page , hereinafter called the "Property". WHEREAS, the Landowner is <br />proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan <br />known as , (Name of Plan/Development)hereinafter <br />called the "Plan", which is expressly made a part hereof, as approved or to be approved by the <br />County, provides for detention of stormwater within the confines of the property; and <br />WHEREAS, the County and the Landowner, its successors and assigns, including any <br />homeowners association, agree that the health, <br />safety, and welfare of the residents of Orange County, North Carolina, require that on -site <br />stormwater management/BMP facilities be <br />constructed and maintained on the Property; and <br />WHEREAS, the County requires that on -site stormwater management/BMP facilities as shown <br />on the Plan be constructed and adequately <br />maintained by the Landowner, its successors and assigns, including any homeowners association. <br />NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants <br />contained herein, and the following terms and <br />conditions, the parties hereto agree as follows: <br />1. The on -site stormwater management/BMP facilities shall be constructed by the Landowner, <br />its successors and assigns, in accordance with the plans and specifications identified in the <br />Plan. <br />2. The Landowner, its successors and assigns, including any homeowners association, shall <br />adequately maintain the stormwater management/BMP facilities. This includes all pipes and <br />channels built to convey stormwater to the facility, as well as all structures, improvements, <br />43 <br />