HomeMy WebLinkAboutColumbia Reach - Stormwater Maintenance Agreement STORM WATER MAINTENANCE AGREEMENT
THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS �' DAY OF 1 .62LIP el e
20 13 , BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY ") ANDCot.UMBIA. AND ITS
HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "LANDOWNER ").
SWPPP Permit No.: IL - 007 Parcel No.: 1$13N - 22130
Project Name: Go L r J h'( 6I Y e - 7 6 4 64 A - ) L i tAg - f I y.
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.
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 (attach maintenance schedule showing type and frequency of
maintenance. Maintenance schedule shall meet or exceed the Recommended Maintenance Criteria in
Appendix 5A of the Stormwater Management Manual for Eastern Washington).
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 the 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 he
construed to impose any such obligation on the City.
Stormwater Maintenance Agreement (March, 2012) Page 1
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.
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.
IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused the Agreement
to be signed, sealed and delivered:
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Address Address ° � S no °
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State of Washington ) s ° ° .1t16�,®6 • , ry
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County of Yakima ) _. 1
I certify that I know or have satisfactory evidence that 1 1?_ �',`_ a1) e c.,F' r
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.
Notary Publi d in and for the State of Washington,
l residing in L'l All /.i l','lia li; }t
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Dated at Yakima, Washington, this day of P \') /0..6, -Li , 20 1 7 ') .
Stormwater Maintenance Agreement (March, 2012) Page 2
Approved By:
\ M
City Engineer
Acce• d By:
City Manager
Clrr CONTRACT NO: 2 ,013 J 2 - �
RESOLUTION NO: N
Stornlwater Maintenance Agreement (March, 2012) Page 3