HomeMy WebLinkAboutDMF Investments, Inc. - Stormwater Maintenance AgreementReturn To:
Bill Frodsham
1819 So. 4th Avenue
Yakima, WA 98902
STORMWATER MAINTENANCE AGREEMENT
DECLARANTS: DMF INVESTMENTS, INC., a Washington Corporation
ABBREVIATED LEGAL: SW %, SW %, SEC. 14, T-13 N, R-18 E,W.M.
ASSESSOR'S PARCEL NO. 181314-33442
SUBJECT PROPERTY:
Private Roadway within the Plat of Powerhouse Villas — Phase 1, recorded under Auditor's File No.
7951519, records of Yakima County, Washington.
THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS IA DAY OF
No /Le%bz.c , 201 7 , BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY") AND DMF
INVESTMENTS, INC. AND ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "LANDOWNER").
SWPPP Permit No.: 15-008
Project Name: Powerhouse Villas — Phase 1
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
Stormwater Maintenance Agreement (February 2017) Page 1
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, 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.
Stormwater Maintenance Agreement (February 2017) Page 2
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:
WILLIAM FRODSHAM, PRESIDENT
State of Washington )
ss.
County of Yakima
On this day personally appeared before me WILLIAM FRODSHAM to me known to be the President of the
corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposed therein mentioned, and on oath stated
that he is authorized to execute said instrument. Piobo-GIVEN under my h��/ktiAtt?bfjjial seal this9 day of , 20/7.
• Ct.
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Approved By:
City Engineer
Accepted By:
Axivs\
Notary Publi -j nd for the State of Washington
Residing at , 4(�,Q�
My appointment expires
City Mangy r
CITY CONTRACT NO: - / 7 7
RESOLUTION NO: » /
Stormwater Maintenance Agreement (February 2017) Page 3