OTHER-2022-036-Stormwater operations and maintenance plan agreement

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Stormwater Operations and Maintenance Plan 4" AGREEMENT This Operation and Maintenance Agreement ( "Agreement" ) is established this day of , 20 , by Orange County ( "Owner" ) , who is the owner of the Property ( hereinafter defined ) , on behalf of the Owner, the Association ( if applicable ) , and all successor Owners of the Property and the Town of Chapel Hill ( "Town " ) . i Owner represents , warrants, and agrees that Owner is financially responsible for the maintenance, repair and replacement of all stormwater control structures, appurtenances and vegetation located on the Property. Owner agrees to perform the maintenance as outlined in the Stormwater Operations and Maintenance Plan for each Stormwater Control Measure and as may be applicable or required as part of the regulations set forth in Section 5 . 4 of the Town of Chapel Hill ' s Land Use Management Ordinance . A Homeowners Association or Property Owners Association shall not be the financially responsible party i unless more than 50% of the lots or units on the Property have been sold and a resident of the Association has been named the president . Owner agrees that the Town has the right to access the Stormwater Control Measure (s ) ( hereinafter "SCM " ) on the Property, as deemed necessary in the Town ' s sole discretion , by way of the 'SCM Maintenance & Access Easement' as recorded on the final plat . Owner recognizes and agrees that Owner is responsible for the maintenance and upkeep of the SCM Maintenance & Access easement .