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HomeMy WebLinkAboutTHNDPMR Enterprises IV, Inc. - Stormwater Maintenance AgreementSTORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS 3rd DAY OF April, 2017, BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY") AND THNDPMR ENTERPRISES IV, INC. AND ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "LANDOWNER"). SWPPP Permit No.: 170004 Parcel No.: 19132012403 Parcel Full Legal Description: Section 20 Township 13N Range 19E Quarter NE: SPM 84-277 Lot 1 EXCEPT Beginning at the Southwest corner of Lot 1 of Short Plat Map N-39, thence North 001'46'26" West along the West line thereof 202 feet, thence South 891'41'05" East parallel with the South line thereof 492.94 feet to a point on a curve with a radial bearing of North 691'02'27" East and a radius of 523 feet, thence Southeasterly along a curve to the left through a delta angle of 08^19'37", an arc length of 76.01 feet, thence South 291'17'11" East 125 feet, thence along a curve to the left through a delta angle of 011'48'55", a radius of 904.93 feet, an arc length of 28.67 feet to the South line of Lot 1 of Short Plat 84-277, lying Northerly of the following described line, Beginning at the Northwest corner of said Lot 1, thence South 87"31'17" East along the North line of said Lot 1, a distance of 451.41 feet to the East line of said Lot 1 and Terminus of said line. Project Name: My Place Hotel WITNESSETH WHEREAS, the Landowner has submitted for approval by the City a permit application and Site Plan, which require the construction and installation of stormwater management facilities pursuant to the City of Yakima Post -Construction Stormwater Runoff Ordinance; 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 the Landowner will construct and maintain the stormwater facilities identified in the Site Plan; and WHEREAS, the City and the undersigned, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Yakima, Washington requires that on-site stormwater management facilities be constructed and maintained on the Property; and WHEREAS, under said 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 is approved. Stormwater Maintenance Agreement (February 2017) Page 1 NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner shall construct and install stormwater management facilities as depicted and shown on the Site Plan, in accordance with the plans and specifications (attach Site Plan that shows type and location of stormwater facilities to be maintained). 2. The Landowner shall maintain the stormwater management facilities as shown on the Site Plan in good working order acceptable to the City as outlined in maintenance schedule attached hereto. 3. The Landowner hereby grants permission to the City, its authorized agents, and employees to enter the property and to inspect any stormwater management facilities pursuant to Chapter 7.83 of the Yakima Municipal Code, Post -Construction Stormwater Runoff Ordinance and this Maintenance Agreement. 4. In the event the Landowner fails to maintain stormwater management facilities as shown on the Site Plan 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 stormwater facilities. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall the Agreement be construed to impose any such obligation on the City. 5. 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, the Landowner shall reimburse the City on demand, within a time frame specified by the City for all costs incurred, including reasonable attorney's fees in the event that an action to collect such costs must be instituted. Costs, if not paid, shall become a lien on the property. 6. It is the intent of this Agreement to insure the proper maintenance of stormwater management facilities by the Landowner; provided, however, that this Agreement shall not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by stormwater management. 7. The Landowner, its executors, administrators, assigns, and any other successors in interest, shall indemnify and hold the City and its agents and its employees harmless for any and all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against the City from the construction, presence, existence, or maintenance of the stormwater management facilities by the Landowner or the City. 8. In the event a claim is asserted against the City, its agents, or employees, the City shall notify the Landowner and the Landowner shall defend at his own expense any suit based on such claim. If any judgment or claims against the City, its agents, or its employees shall be allowed, the Landowner shall pay all costs and expenses in connection therewith. 9. This Agreement shall be recorded among the land records of Yakima County, Washington, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs, and any other successors in interest. Stormwater Maintenance Agreement (February 2017) Page 2 IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused the Bement to be signed, sealed and delivered: R,/r1.37SO R • S - %i/z/v. o //w,✓f,e //// Rohe izep' t(e_s Name Title Name/Title Name/Title /?7- y/M //44/ t) 4 )1s90/ Address Address State of Washington ) ss. County of Yakima I certify that I know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged tha Fie she/they signed this instrument and acknowledged it to be�hlsf her/their free and voluntary act for the uses and purposes mentioned in the instrument. Witness myhand,and official seal hereto affixed the day and year first above written. (f PERLAYSILVAS C Notary Public State of Washington My Appointment Expires fr Jan 16, 2021 Notary Public in and for the State of Washington, 7., residing in 1Lam t 1,k; Dated at Yakima, Washington, this 3— day of , 2017_ Approved By: -/tAt:44 C`A(SN,4 City Engineer Accepted By: CITY CONTRACT NO: 'ZOO 7-c gl , RESOLUTION NO: h/G Stormwater Maintenance Agreement (February 2017) Page 3