Right to Construct and Maintain. If the Developer for any reason, or at any time, fails, within thirty (30) days after receiving written notice, to complete construction or maintain the BMPs as required by this Agreement, or the Permit, the City may complete such construction or perform such maintenance, and the Developer hereby agrees to pay the City or other governmental authority all reasonable costs incurred, and grants and conveys to the City a lien on the Property subordinate only to the lien of any mortgages/deeds of trust now or, hereafter, encumbering the Property. Developer warrants that the lien created by this paragraph has no less than a second priority status, excluding ad valorem property tax and other statutory liens. The City may bring an action at law against the Developer to pay any such sums coming due hereunder or foreclose the lien created herein against the Property in the same manner as prescribed by the laws of the State of Alabama for the foreclosures of mortgages/deeds of trust. Interest at the legal rate, costs, and reasonable attorneys’ fees for representation of the City in such action or foreclosure shall be added to the indebtedness secured by such lien. Upon removal of the BMPs in accordance with applicable law, any applicable provisions of the Permit, and upon inspection and approval of the same by the Administrator, the lien herein granted and conveyed to the City shall be of no further force and effect.
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Sources: Stormwater Operation and Maintenance Agreement, Stormwater Operation and Maintenance Agreement, Stormwater Operation and Maintenance Agreement and Grant of Easement
Right to Construct and Maintain. If the Primary Developer for any reason, or at any time, fails, within thirty (30) days after receiving written notice, to complete construction or maintain the BMPs as required by this Agreement, or the Permit, the City may complete such construction or perform such maintenance, and the Developer Primary hereby agrees to pay the City or other governmental authority all reasonable costs incurred, and grants and conveys to the City a lien on the Property subordinate only to the lien of any mortgages/deeds of trust now or, hereafter, encumbering the Property. Primary Developer warrants that the lien created by this paragraph has no less than a second priority status, excluding ad valorem property tax and other statutory liens. The City may bring an action at law against the Primary Developer to pay any such sums coming due hereunder or foreclose the lien created herein against the Property in the same manner as prescribed by the laws of the State of Alabama for the foreclosures of mortgages/deeds of trust. Interest at the legal rate, costs, and reasonable attorneys’ fees for representation of the City in such action or foreclosure shall be added to the indebtedness secured by such lien. Upon removal of the BMPs in accordance with applicable law, any applicable provisions of the Permit, and upon inspection and approval of the same by the Administrator, the lien herein granted and conveyed to the City shall be of no further force and effect.
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