HomeMy WebLinkAboutHogback Fox JV1 LLC - Stormwater Maintenance AgreementSTORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS DAY OF )JJdCml
2017, BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY") AND HOGBACK FOX JV1 LLC AND ITS
HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "LANDOWNER").
SWPPP Permit No.: 14-004 Parcel No.: 191331-11033 and 11402
Parcel Full Legal Description:
191331-11033
Section 31 Township 11 Range 19 Quarter NE: That portion of the NE1/4 of Section 31 described as follows:
Commencing at the Northwest corner of said Lot 1 of that Short PlatAuditor's File No. 7889780, thence South 23" 25'
47" East along the Westerly line thereof 192.24 feet to the Point of Beginning; thence North 66" 34' 13" East 20.39 feet,
thence NEast 195.21 feet, thence South 00" 32' 00" East 150.49 feet, thence West 81.67 feet, thence South 66" 34' 13"
West 66.21 feet to a point on the Northeasterly line of South First Stbearing South 23" 25' 47" East 183.31 feet from the
Point of Beginning, thence North 23" 25' 47" West along said right of way line 183.31 feet to the Point of Beginning
19131-11402
Section 31 Township 13 Range 19 Quarter NE: SHORT PLAT 7957157 Lot 2 (AKA: That portion of the NE1/4 of Section
31 and Lots 1 & 2 of Short Plat recorded under Auditor'sdescribed as follows: Commencing at the Northwest comer of
said Lot 1, thence South 89" 58' 27" East along the North line thereof 288.79 feet to the Point of Beginning, thence
SEast 237.46 feet, thence South 89" 50' 59" East 312.05 feet to the East line of said NE1/4, thence North 00" 32'00"
West along said East line 236.50 feet to a point bearing South312.06 feet from the Point of Beginning, Thence North
89" 58' 27" West 312.06 feet to the Point of Beginning)
Project Name: Tahoma Square Phase 2
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
Stormwater Maintenance Agreement (February 2017) Page 1
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.
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,
Stormwater Maintenance Agreement (February 2017) Page 2
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.
IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused the
Agreement to be signed, sealed and delivered:
Chris Waddle, Manager cif Hogback Fox JV1 LLC
2612 W Nob Hill Blvd Ste 101-148
Yakima, WA 98902
State of Washington
) ss.
County of Yakima
I certify that I know or have satisfactory evidence that Chris Waddle
is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
-PA
NotPc in and for the State of Washtiigton,
residing in Yakima, WA.
Dated at Yakima, Washington, this L0day of 0� bee__, 2017_
Approved By:
Stormwater Maintenance Agreement (February 2017) Page 3
,fur -43 AA/\/\<)
City Engineer
Accepted By:
City Manage
CITY CONTRACT NO. 20/ 7—/ / 7
RESOLUTION NO'
Stormwater Maintenance Agreement (February 2017) Page 4