HomeMy WebLinkAboutSupercold Storage, LLC - Stormwater Maintenance AgreementCity of Yakima Codes Division
129 N. 2nd St. — 2nd Floor
Yakima, WA 98901
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS210 DAY OFM'V',4-;
20103 BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY") AND 5%.46- %-4> AND ITS HEIRS,
SUCCESSORS, OR ASSIGNS (HEREINAFTER "LANDOWNER"). `5170t3.a'4
SWPPP Permit No.: SWPPP180006
Parcel Full Legal Description:
Section 1.3sTownship 1:3:Range;l8,Qu iterNW Binding Site PIan AUbITOR'S"FILE:NO .7339728?Lof.1-44
Project Name:
Super Cold Storage, LLC — New CA Facility
WITNESSETH
Parcel No.: 181313-22018
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 (April 2018) 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 (April 2018) Page 2
IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused the
Agreement to be si ned, sealed and delivered:
Name/Title
151 Lcw:
Address
State of Washington
County of Yakima
ss.
Name/Title
Address
1 ce tiify that I Imowt or ave satiAfatct9ry twidence that
ttYA
is/are the person(s) who appeared before me, and said peon(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.
�
111NtlHlitf
i 1, 4 Notary Public in and for they State of Washington,
a;` sA+J-19� residing in V\ aY-1 Yid`
Iseptemto 'i
,�q .•IN‘ Washington,�G-1k') day of VI , 2018_
�'� !`•• +�'akima, this
.',i:� OF W P,t '
i��l4 H 11 “111
Approved By:
City Engineer
City Engineer
Accepted By:
CITY CONTRACT NO. ��/� --(3*RESOLUTION NO: 0/4
Stormwater Maintenance Agreement (April 2018) Page 3