City of Charleston, South Carolina Stormwater Design Standards Manual
Department of Public Service August 2014
If the City exercises its right to enter the Property under the authority granted to it by this
Covenant Agreement (to include inspection, sampling, repairing, maintaining, and monitoring),
Property Owner shall reimburse the City for all of its costs and expenses incurred in connection
therewith within thirty (30) days after receipt of an invoice from the City for such work. If
Property Owner fails to pay the invoiced amount within such period, such amount shall
thereafter accrue interest at a per annum rate equal to the prime rate being the rate from time to
time publicly announced and published daily in the Wall Street Journal plus three percent (3%).
Such amount, together with interest, shall be a lien on the Property (and each of the lots
contained therein) which may be foreclosed in accordance with the law, as amended from time to
time. If the Property is owned by more than one person (i.e., multiple lot owners), each such
owner shall be jointly and severally liable for payment of the amounts provided for under the
requirements contained in this Covenant Agreement.
Property Owner agrees to indemnify, defend, and hold harmless the City, its employees,
independent contractors and designees harmless from and against any liability, losses, costs,
expenses (including reasonable attorneys’ fees), claims or suits arising from Property Owner’s
failure to perform its obligations under this Covenant Agreement or any exercise of the City, its
employees, independent contractors or designees of their rights under this Covenant Agreement.
I. Access Easement.
Property Owner hereby grants the City, its employees, independent contractors and
designees a nonexclusive easement for ingress and egress over, across and under the Property for
the purposes described in this Covenant Agreement and from time to time at the City’s sole
discretion to inspect, sample, and monitor components of the BMPs and discharges there from.
PROPERTY OWNER, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS
(INCLUDING ALL OWNERS OF LOTS IN THE PROPERTY), AGREES THAT THE CITY,
ITS EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR DESIGNEES SHALL NOT
HAVE ANY OBLIGATION TO EXERCISE THEIR RIGHTS UNDER THIS COVENANT
AGREEMENT OR TO PERFORM ANY MAINTENANCE OR REPAIR OF THE BMPS,
AND THAT THE CITY, ITS EMPLOYEES, INDEPENDENT CONTRACTORS AND/OR
DESIGNEES SHALL NOT HAVE ANY LIABILITY TO PROPERTY OWNER OR ANY OF
PROPERTY OWNER’S SUCCESSORS OR ASSIGNS (INCLUDING OWNERS OF LOTS IN
THE PROPERTY) IN CONNECTION WITH THE EXERCISE OR NONEXERCISE OF
SUCH RIGHTS, THE MAINTENANCE OR REPAIR OF THE BMPS, OR THE FAILURE TO
PERFORM THE SAME.
J. This Covenant Agreement Runs with the Land.
The parties’ rights and obligations contained herein shall run with the land and inure to
the benefit of, and shall be binding upon, the City and Property Owner and their respective
successors and assigns including, without limitation, subsequent owners of the Property and any
homeowner’s association owning common areas on the Property.