Storm Maint AgreeCOMMERCIAL/INDUSTRIAL
AGREEMENT TO MAINTAIN
STORMWATER FACILITIES
BY AND BETWEEN
YELM COMMUNITY SCHOOLS
ITS HEIRS, SUCCESSORS, OR ASSIGNS
(HEREINAFTER "OWNER")
CITY OF YELM
(HEREINAFTER "JURISDICTION")
The upkeep and maintenance of stonnwater facilities is essential to the protection of
water resources. All property owners are expected to conduct business in a manner that promotes
environmental protection. This Agreement contains specific provisions with respect to maintenance of
stonnwater facilities.
LEGAL DESCRIPTION:
Parcel Numbers 64421800100, 64421701000, 64400100100, 64400600100,
64400600300, 64421700900, 64421700800, 644217006001 in City of Yelm.
Whereas, OWNER has constructed improvements, including but not limited to, buildings,
pavement, and stonnwater facilities on the property described above. In order to further the goals of the
JURISDICTION to ensure the protection and enhancement of JURISDICTION'S water resources, the
JURISDICTION and OWNER hereby enter into this Agreement. The responsibilities of each party to
this Agreement are identified below.
OWNER SHALL:
(1) Implement the stormwater facility maintenance program included herein as Attachment "A".
(2) Maintain a record (in the form of a logbook) of steps taken to implement the program referenced in (1)
above. The logbook shall be available for inspection by JURISDICTION staff at 103 First Street during
normal business hours. The log book shall catalog the action taken, who took it, when it was done, how it
was done, and any problems encountered or follow-on actions recommended. Maintenance items
("problems") listed in Attachment "A' shall be inspected on a monthly or more frequent basis as
necessary. OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use
them to complete its monthly inspections. These completed checklists would then, in combination,
comprise the monthly logbook.
(4) Submit an annual report to the JURISDICTION regarding implementation of the program referenced in
(1) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a
minimum, the following:
(a) Name, address, and telephone number of the business, the person, or the firm responsible
for plan implementation, and the person completing the report.
(b) Time period covered by the report.
(c) A chronological summary of activities conducted to implement the program referenced in
(1) above. A photocopy of the applicable sections of the logbook, with any additional
explanation needed, shall normally suffice. For any activities conducted by paid parties
not affiliated with OWNER, include a copy of the invoice for services.
(d) An outline of planned activities for the next year.
THE JURISDICTION SHALL:
(1) Provide technical assistance to OWNER in support of their operation and maintenance activities
conducted pursuant to its maintenance program. Said assistance shall be provided upon request and as
JURISDICTION time and resources permit, at no charge to OWNER,
(2) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and
problems with OWNER_
(3) Review this Agreement with OWNER and modify it as necessary at least once every three (3) years.
REMEDIES:
(1) If the JURISDICTION determines that maintenance or repair work is required to be done to the
stormwater facility existing on the OWNER property, the JURISDICTION shall give the OWNER of the
property within which the drainage facility is located, and the person or agent in control of said property,
notice of the specific maintenance and/or repair required. The JURISDICTION shall set a reasonable
time in which such work is to be completed by the persons who were given notice. If the above required
maintenance and/or repair is not completed within the time set by the JURISDICTION, written notice will
be sent to the persons who were given notice stating the JURISDICTION'S intention to perform such
maintenance and bill the owner for all incurred expenses. The JURISDICTION may also revoke
stornzwater utility rate credits for the quality component or invoke surcharges to the quantity component
of the OWNER bill if required maintenance is not performed.
(2) If at any time the JURISDICTION determines that the existing system creates any imminent threat to
public health or welfare, the JURISDICTION may take immediate measures to remedy said threat. No
notice to the persons listed in (1), above, shall be required under such circumstances.
(3) The OWNER grants unrestricted authority to the JURISDICTION for access to any and all stormwater
system features for the purpose of performing maintenance or repair as may become necessary under
Remedies (1) and/or (2).
(4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for
repairs to the stormwater facility. Such responsibility shall include reimbursement to the
JURISDICTION within 30 days of the receipt of the invoice for any such work performed. Overdue
payments will require payment of interest at the current legal rate for liquidated judgments. If legal action
ensues, any costs or fees incurred by the JURISDICTION will be borne by the parties responsible for said
reimbursements.
(5) The OWNER hereby grants to the JURISDICTION a lien against the above-described property in an
amount equal to the cost incurred by the JURISDICTION to perform the maintenance or repair work
described herein.
This Agreement is intended to protect the value and desirability of the real property described above and
to benefit all the citizens of the JURISDICTION. It shall run with the land and be binding on all parties
having or acquiring from OWNER or their successors any right, title, or interest in the property or any
part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs,
successors, and assigns. They shall inure to the benefit of each present or future successor in interest of
said property or any part thereof, or interest therein, and to the benefit of all citizens of the
JURISDICTION.
Owner
Owner
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On this day and year above personally appeared before me,
and known to be the individual(s) described, and
who executed the foregoing instrument and acknowledge that they signed the same as their free and
voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal this day of , 200,
Notary Public in and for the State
of Washington, residing in
Dated at ,Washington, this day of , 200_
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On this day and year above personally appeared before me,
who executed the foregoing instrument and acknowledge the said
instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and
purposes therein mentioned and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this day of ,200_
Notary Public in and for the State
of Washington, residing in
APPROVED AS TO FORM: