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HomeMy WebLinkAboutPape Properties, Inc. - Stormwater Maintenance AgreementCity of Yakima c/o Codes Division 129 North 2nd Street Yakima, WA 98901 STORMWATER MAINTENANCE AGREE ENT GRANTOR: PAPE PROPERTIES, INC. GRANTEE: CITY OF YAKIMA a municipal corporation LEGAL DESCRIPTION; PTN SE',/ SW'/4 S20 T13N R19EW For full legal description see Page 2 ASSESSOR'S TAX NO.: '191320-34018 STORMWATER MAINTENANCE AGREEMENT THIS STORMWATER MAINTENANCE AGREEMENT ("AGREEMENT") to maintain stormwater facilities is entered into this 1st day of May, 2025, by and between the CITY OF YAKIMA, a municipal corporation (hereinafter referred to as "'CITY"}, and PAPE PROPERTIES, INC., an Oregon Corporation, its heirs, successors and/or assigns (hereinafter referred to as y,> "LANDOWNER"). CITY and LANDOWNER may herein be referred to individually as a pa and collectively as the "parties." WITNESSETH: WHEREAS, the LANDOWNER has submitted a permit application and site plan seeking to develop property for approval to the City and said approval requires the construction and installation of stormwater management facilities pursuant to the City of Yakima Post- Construction Stormwater Runoff Ordinance, Yakima Municipal Code Chapter 7.83, as amended; and WHEREAS, the Post -Construction Stormwater Runoff Ordinance requires as a condition of permit approval a maintenance agreement between the CITY and the LANDOWNER to ensure that the LANDOWNER will construct and maintain the stormwater management facilities ("FACILITIES") identified in the SITE PLAN (as defined in Section 3 below); and WHEREAS, the CITY and the LANDOWNER, its successors and assigns, including any association associated with the property subject to this AGREEMENT, agree that the health, safety, and welfare of the residents of the CITY require that on -site stormwater management facilities be constructed and maintained on the property; and WHEREAS, under the Post -Construction Stormwater Runoff Ordinance, it is provided that private stormwater management facilities must be maintained by the property owner, and a maintenance agreement must be executed before the development plan for the property is approved, and LANDOWNER agrees to enter into a maintenance agreement pursuant thereto and to this AGREEMENT; NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The foregoing recitals are incorporated into this AGREEMENT as if fully set forth herein. 2, LANDOWNER owns the following real property: Parcel 1 of Survey recorded under Auditor's File Number 8085869, records of Yakima County, Washington. 3. LANDOWNER covenants and agrees to construct and install the FACILITIES in accordance with the approved site plan depicting said FACILITIES under Permit Number SWPPP220005 ("SITE PLAN"). The SITE PLAN is presently on file with the CITY at City Hall (129 North 2nd Street, Yakima, Washington, 98901) and is fully incorporated into this AGREEMENT by this reference. 4, LANDOWNER shall maintain the FACILITIES as shown on the SITE PLAN in good working order acceptable to the CITY at all times, and as outlined in the maintenance schedule on file with the CITY at City Hall (129 North 2nd Street, Yakima, Washington, 98901) under Permit Number SWPPP220005, which is fully incorporated herein. In the event LANDOWNER seeks to transfer the property, LANDOWNER shall deliver prior written notice to the CITY, which notice shall include contact information and an acknowledgement from the subsequent landowner of this AGREEMENT. 5. LANDOWNER hereby grants permission to the CITY, its authorized agents, and employees, to enter the Property subject to this AGREEMENT during normal business hours, except in the case of an emergency, to inspect the FACILITIES pursuant to the Post - Construction Stormwater Runoff Ordinance and this AGREEMENT. CITY may provide notice prior to entry to LANDOWNER, but is not required to provide such notice. 6. In the event LANDOWNER fails to maintain the FACILITIES in good working order acceptable to the CITY, the CITY may enter the Property and take whatever steps it may deem necessary to maintain said FACILITIES. It is expressly understood and agreed that the CITY is under no obligation to maintain or repair the FACILITIES, and in no event shall this AGREEMENT be construed to impose any such obligation on the CITY. 7. In the event the CITY, pursuant to this AGREEMENT, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, or materials, to maintain or repair FACILITIES, LANDOWNER shall reimburse CITY upon demand, within a time frame specified by the CITY, for all costs incurred, including reasonable attorney's fees and costs, in the event that an action to collect fees and costs must be instituted. Fees and costs, if not paid, shall become a lien on the Property. 8. It is the intent of this AGREEMENT to insure the proper maintenance of the FACILITIES by the LANDOWNER; provided, however, that this AGREEMENT shall not be deemed to create or affect any additional liability on the part of the CITY for damage alleged to result form or be caused by stormwater management. 9. The LANDOWNER, its heirs, successors and/or assigns, agrees to release, indemnify, defend and hold harmless the CITY, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, accidents, casualties, occurrences, and expenses (including attorney's fees) related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this AGREEMENT; the construction, presence, existence, maintenance or operation of the FACILITIES by LANDOWNER, CITY, or any third party; or the acts, failures to act, errors or omissions of LANDOWNER, or any of its heirs, successors, or assigns in performance of this AGREEMENT. 10. In the event a third -party claim is asserted against the CITY, its elected or appointed officials, officers, employees, agents, contractors or consultants (collectively, "CITY REPRESENTATIVES"), concerning the FACILITIES or this AGREEMENT, the CITY shall notify LANDOWNER and the LANDOWNER shall indemnify and hold harmless the City, at LANDOWNER's expense, any suit based on such claim, excluding any suit resulting from the gross negligence or willful misconduct by the CITY of the CITY REPRESENTATIVES or any other CLAIMS in accordance with Section 11 below. 11, LANDLOWNER, its successors, and assigns agrees to indemnify, defend and hold harmless the CITY, its elected or appointed officials, officers, employees, independent contractors and designees (collectively, "CITY REPRESENTATIVES") from and against any liability, losses, costs, expenses (including reasonable attorneys' fees), claims or suits arising from LANDOWNER's failure to perform its obligations under this AGREEMENT or the exercise of the CITY's rights herein; provided, however, that the foregoing shall not extend to any claim arising, in whole or in part, out of the gross negligence or willful misconduct of the CITY or the CITY REPRESENTATIVES. CITY agrees to indemnify, defend and hold harmless LANDLOWNER, its directors, officers, shareholders, members, employees, agents, contractors, tenants, licensees or invitees (collectively, "LANDOWNER REPRESENTATIVES") from and against any liability, losses, costs, expenses (including reasonable attorneys' fees), claims or suits arising from actions or omissions of the CITY or the CITY REPRESENTATIVES, in connection with the maintenance and repair of the FACILITY; provided, however, that the foregoing shall not extend to any claim arising, in whole or in part, out of the gross negligence or willful misconduct of LANDOWNER or the LANDOWNER REPRESENTATIVES. To the extent RCW 4.24.115 is applicable, either Party's obligations as indemnifying party apply to the extent of its concurrent negligence or other fault. In order to enforce the foregoing indemnity provisions, each party, by mutual negotiation, hereby expressly waives, with respect to the other party only, any immunity that would otherwise be available against such liability, losses, costs, expenses, claims or suits under the Industrial Insurance provisions of Title 51 RCW. 12. LANDOWNER shall record a plat map showing and accurately defining the locations of the FACILITIES. The plat map shall reference the Yakima County Auditor's Number of this instrument and contain a note that the LANDOWNER is responsible for maintaining the FACILITIES. 13. This AGREEMENT shall constitute a covenant running with the land, and shall be binding on the LANDOWNER, its heirs, successors and assigns. 14. Should any provision of this AGREEMENT be found to be void or otherwise unenforceable, all other provisions shall remain enforceable and binding. 15, With the exception of enforcement actions allowable under City Code, the venue for resolving disputes that arise under the terms of this AGREEMENT shall be Yakima County Superior Court. 16. If LANDOWNER is an entity, the individual executing this AGREEMENT on behalf of LANDOWNER represents and warrants to the CITY that he or she has the full power and authority to do so and that LANDOWNER has full right and authority to enter into this AGREEMENT and perform its obligations under this AGREEMENT. 17.The 8VVPPPPermit Number for this LANDOWNER and Site Plan is22OOO5. 1D.The Project NomeiaPAP'PROPERT|E8.|NC. 19. This AGREEMENT shall be recorded with the Yakima County Auditor by LANDOWNER m1its expense. 20. This AGREEMENT may be executed in separate counterparts, each of which shall constitute an original. This Agreement shall be recorded with the Yakima County Auditor by LANDOWNER mtits expense. IN WITNESS WHEREOF, LANDOWNER and the CITY have executed this AGREEMENT as of the date written below. ����� �? DATED THIS ,v DAY OF &�W� �� LANDOWNER: PAP PROPERTIES, INC. MikePaV President 355GoodpostunaIsland Rd,Suite 3DO Eugene, CJR974O1 Phone: (503)750-7222 Email: mmmati@pmpe.cmrn .2O25. CITY OFYAK|MA Victoria Baker, City Manager 129Non� h2 Street Yakima, WA 98901 509-575-6000 CITY CONTRACT w� -09%- nsoomrmw NPA ) ss. I certify that I know or have satisfactory evidence that MIKE PATI is the person who appeared before me and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument on behalf of PAPE PROPERTIES, INC.. as the President, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED. L 25 OFFICIAL STAMP JANET MARIE KING TARY PUBLIC - OREGON 1MISSION NO. 1044140 hf EXPIRES JANUARY 10, 2028 STATE OF W ASI-IINGTC)N ) ) ss, COUNTY OF YAKIMA Print Name: Jai- e Residing at: F� My appointment expires: I certify that I know or have satisfactory evidence that VICTORIA BAKER is the person who appeared before me and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument on behalf of the CITY OF YAKIMA, as the municipal corporation's City Manager, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, DATED: 5 1,0 11.aS jb TARy No.1©7265 Residing at: My appoint r 1 expires: