operation and maintenance of the stormwater devices. The homeowner’s association must establish officers and the president of the homeowner’s association shall be the primary point of contact regarding management of the SCMs and maintenance.
iii. Town Access Granted . Granting to the Town of Fuquay-Varina a right of entry to inspect, monitor, maintain, repair, and reconstruct SCMs.
iv. Town to Recover Costs . Allowing the Town of Fuquay-Varina to recover from the association and the members any and all costs the Town of Fuquay-Varina expends to maintain or repair the SCMs or to correct any operational deficiencies. Failure to pay the Town of Fuquay-Varina all of its extended cost, after 45 days written notice, shall constitute a breach of the agreement. The Town of Fuquay-Varina shall thereafter be entitled to bring an action against the association to pay or foreclose upon the lien hereby authorized by the agreement against the property, or both, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery. v. Town not Obligated to Maintain or Repair . A statement that this agreement shall not obligate the Town of Fuquay-Varina to maintain or repair any SCMs and the Town of Fuquay-Varina shall not be liable to any person for the condition or operation of the SCMs. vi. Town’s Right to Enforce Ordinances & Laws . A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Fuquay- Varina to enforce any of its ordinances as authorized by law. vii. Indemnify & Hold Harmless . A provision indemnifying and holding harmless the Town of Fuquay-Varina for any costs and injuries arising from or related to the SCMs, unless the Town of Fuquay-Varina has agreed in writing to assume the maintenance responsibility for the SCMs and has accepted dedication of any and all rights necessary to carry out that maintenance. viii. Transfer Responsibility for Maintenance & Repair . At such times 75% of the lots within the residential subdivision are completed and sold, the property owner/developer will be permitted to transfer responsibility for the SCMs to the homeowner’s association that has been established in accordance with this section if the stormwater management system, including SCMs are properly maintained and functioning as designed, as certified by a qualified professional acting within their area of expertise.
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