HomeMy WebLinkAboutMcDonalds Real Estate Company - Stormwater Maintenance AgreementSTORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS /8 DAY OF January, 2018,
BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY") AND McDONALD'S REAL ESTATE COMPANY, a
Delaware corporation, AND ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER the "RESPONSIBLE PARTY").
SWPPP Permit No.: SWPPP170001 Parcel Nos.: 19133013006, 19133013007, and 19133013018
Project Name: McDonald's Redevelopment
WITNESSETH
WHEREAS, the Responsible Party 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 Responsible Party to ensure the Responsible Party 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.
Document #: 1696522-v1
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 Responsible Party 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 Responsible Party 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 Responsible Party 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 Responsible Party 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 Responsible Party
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 Responsible Party; 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 Responsible Party, 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
Responsible Party or the City.
8. In the event a claim is asserted against the City, its agents, or employees, the City shall notify the
Responsible Party and the Responsible Party 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
Responsible Party 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 Responsible Party, its
administrators, executors, assigns, heirs, and any other successors in interest.
Document #: 1696522-v1
IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused the
Agreement to be signed, sealed and delivered:
McDONALD'S REAL ESTATE COMPANY,
A Delaware corporation
Lorraine V. Fortelk, Senior Counsel
One McDonald's Plaza
Oak Brook, IL 60523
State of Illinois
ss.
County of DuPage )
I certify that I know or have satisfactory evidence that Lorraine V. Fortelka, Senior Counsel is the person
who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it
to be her 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.
Notary Public
Dated this O day of II O'(_ , 2018.
Approved By:
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City Engineer
ineer
Accepted By:
CITU CONTRACT NO: Z2/13-474/0
RESOLUTION NO: 4/4
Document #: 1696522-v1
OFFICL
ERICA
NOTARY PUBLIC - i TE OF ILLINOIS
L%rvjY,"C.OMMISSION EXPIRES:06/24/19