Orange County NC Website
and vegetation provided to control the quantity and quality of the stormwater. Adequate <br />maintenance is herein defined as good working condition so that these facilities are <br />performing their design functions. The Annual Inspection Report form dated 6/2/92 (or latest <br />date form available) is to be used to establish what <br />good working condition is acceptable to the County. <br />3. The Landowner, its successors and assigns, shall inspect the stormwater management/BUT <br />facility and submit an inspection report annually. The purpose of the inspection is to assure <br />safe and proper functioning of the facilities. The <br />inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, <br />etc. Deficiencies shall be noted in the inspection report. <br />4. The Landowner, its successors and assigns, hereby grant permission to the County, its <br />authorized agents and employees to enter upon the Property and to inspect the stormwater <br />managementBMP facilities whenever the County deems <br />necessary. The purpose of inspection is to follow -up on reported deficiencies and/or to <br />respond to citizen complaints. The County shall provide the Landowner, its successors and <br />assigns, copies of the inspection findings and a directive to commence with the repairs if <br />necessary. <br />5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater <br />managementBMP facilities in good working condition acceptable to the County, the County <br />may enter upon the Property and take whatever steps <br />necessary to correct deficiencies identified in the inspection report and to charge the costs of <br />such repairs to the Landowner, its successors and assigns. This provision shall not be <br />construed to allow the County to erect any structure of permanent <br />nature on the land of the Landowner outside of the easement for the stormwater <br />managementBMP facilities. It is expressly understood and agreed that the County is under no <br />obligation to routinely maintain or repair said facilities, and in no event <br />shall this Agreement be construed to impose any such obligation on the County. <br />6. The Landowner, its successors and assigns, will perform the work necessary to keep these <br />facilities in good working order as appropriate. In the event a maintenance schedule for the <br />stormwater managementBMP facilities (including sediment <br />removal) is outlined on the approved plans, the schedule will be followed. <br />7. In the event the County pursuant to this Agreement, performs work of any nature, or <br />expends any funds in performance of said work for labor, use of equipment, supplies, <br />materials, and the like, the Landowner, its successors and assigns, shall <br />reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual <br />costs incurred by the County hereunder. <br />8. This Agreement imposes no liability of any kind whatsoever on the County and the <br />Landowner agrees to hold the County harmless from any liability in the event the stormwater <br />managementBMP facilities fail to operate properly. <br />A <br />