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Stormwater Maintenance Agreement 001RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN Michael R. Mastro THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND City of Yelm (HEREINAFTER "Jurisdiction") The upkeep and maintenance of stormwater facilities is essential to the protection of water resources. All property owners aze expected to conduct business in a manner that promotes environmental protection. This Agreement wntains specific provisions with respect to maintenance of stormwa[er facilities. LEGAL DESCRIPTION: City of Yelm Plat of John's Meadows Parcel Number 64303600700 in City of Yelm. Whereas, OWNER as constructed improvements, including but not limited to, building, pavement, and stormwa[er facilities on the property described above. In order to further [he 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 [o 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 log book) of steps taken to implement the program referenced in (1) above. The log book shall be available for inspection by appointment at 510 Rainier Avenue S, Seattle WA, 98144. The log book shall catalog the action taken, who took it, when it was done, how i[ 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 log book. (3) 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 calendaz 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 log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, 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 chazge [o OWNER (2) Review the annual report and conduct a minimum of one (1) site visit per yeaz to discuss performance and problems with OWNER (3) Review [his Agreement with OWNER and modify i[ as necessazy at least once every three (3) years. REMEDIES: (I) If the Jurisdiction determines [ha[ maintenance or repair work is required to be done [o the stormwater facilities located in the subdivision, [he Jurisdiction shall give OWNER 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 no[ completed within the time set by the Jurisdiction, written notice will be sent to OWNER stating the Jurisdiction's intention to perform such maimenance and bill OWNER for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat [o public health or welfare, the Jurisdiction may take immediate measures m remedy said threat. No notice m [he persons listed in (1), above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grants umestdcted authority to the Jurisdiction for access to any and all stotmwater system features for the purpose of performing maintenance or repair as may become necessazy under Remedies (1) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except for [hose maintenance actions explicitly assumed by the Jurisdiction in the preceding section. Such responsibility shall include reimbursement to the Jurisdiction within 90 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 judgmems. If legal action ensues, any costs or Fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit al] the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any par[ thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. t-~i , /Y ~ Owner STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day and year above personally appeared before me, M/ GF/AGL ;R Ha Sf~ and known to be the individual(s) escribed, and who executed the foregoing ins ent and acknowledge that they signed the same as their free and voluntary act and dee~,fb~t~ uses apd poses therein mentioned. of Washington, residing in :.'~a'~~ My commission expires at Seattle, ^gton, this ~ day of , 2001 STATE OF WASHINGTON ss COUNTY OF THURSTON ) Director of Public Works 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 trader my hand and official sea] thisday of ,200_. APPROVED AS TO FORM: Notary Public in and for the State of Washington, residing in My commission expires City Attorney 1.1 REQUIRED MAINTENANCE The following pages contain maintenance needs for most of [he components that are part of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: M. Monthly from November through April. A. Once in late summer (preferably September). After any major storm (use I" in 24 hours as a guideline) items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "Checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use [he suggested frequency at the lefr of each item as a guideline for your inspection. You may call the jurisdiction far technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. Attachment'A': Maintenance Program Cover Sheet Inspection Period: Number of Sheets Attached: Date Inspec[eA: Inspector's Signature: ATTACHMENT"A": MAINTENANCE PROGRAM Maintenance Checklist for Conveyance Systems (Pipes) Frequency Drainage dReq'd Problem Condifions TO CM1Cak Far Conditions That Should Fxist System Feature M8. Pipes d Sediment& Acwmulnle(I Sedimcnnhat Pipe cleaned of all sediment and debris exceeds 20%of the diameter debris- ofthe pipe. M d Vegetaton Vegetation that reduces free All vegelazion removed so water smear of were through flows Reel y. pipes. A d Uamaged Protective ooating is damaged, Pipe repaired or mglaced. (rusted, bent met is causing more Nan SO o ~anem deteriomGan m env pan or pipe. M d Any dent that significantly Pipe repaired or replaced. impede flow (i e., demraves the cross section area of pipe by more then 20%). M d Pipe has major cmcls or tears Pipe repaired or replawd. allowing groundwatu leakage. M S. Swales J Trash & Dumping of yard wastes such Remove trash and debris and debris as gross clippings and dispose az prescribed by County branches imo swale. Waste Management Scctinn. Unsightly accumulation of on-degadable materials such as glass, plastic, metal, foam and coated paper. M ~ Sediment Accumulated sediment that Swale cleaned of all sediment and buildup exceeds 20 oof Ne design debris so that it matches design depN. M d Vegetation Grazs corer is sparse and Aerate soils and reseed and mulch not growing weedy or areas are overgrown bare areaz. Maintain grass height a[ over+~own with woody vegetation. minimum oC6"for best stormwata treatment. Remove woody growth, recontour and seed az necessary. M d Cowersion Swale has been figed in or If possible, speak with M1Omeowncr by homes blocked by shed woodpile, and request Nat swalc errs he owner m shmbbery, etc. restored. Contact County to report inwmpatible problem if not rcetifled voluntarily. ATTACHMENT"A"(CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes), Continued: Frequency Drainage Syslem Feature ~Req'd Problem Conditions Tn Check FOr Conditions Thn~Should Exist A ~ Swale does Water stands io Swale or flow A survey may be Deeded to check not drain vdociry is very slow. gcndes. Grades oee4 ro be in 1 Stagnation occurs, range if possible. If grade is less than I%, undttdrains may need m be installed. Ifyou are uosore wheNer a problem exists, please oonmd [be Jmisdidioo and ask for technical assis[anw. Commen6_ ~: A=Mnual (Mar~or April preferred) M =MOnlhly (see schedule) S =Alter major swans ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage d Req'd Roblem Conditions To Cherk For Conditions Thar Should Exist System Feature M S. General d Trash & debris Dumping of yard waztes such Remove vazh and debris and buildup in Pond as Bass clippings and dispose as prescribed by County branches into basin Waz[e Management Section Unsightly awumolerion of ooo-0egedable materials such az glass, plaztic, metal, foam, end coated paper. M.S d Trash rack Bar screen over outlet mote Replace screw. Remove trash plugged or than 25 a wvned by debris or and debris and dispose az rasing missing. prescribed by County Waste Mwagemenl Section. M d Poisonous Any poisonous vegetation, Remove pois n geralion. vegetation which m onstimte a hazard ay c Do not spray chemicals on [o the public Examples of vegea[ion without obtaining poisonws vegetation mdude_ guidance fromthc Cooperative tansy ragwort, poison oak, Extension Service and approval sfioging nettles, devilsclub Ram Ne County. M.ti. d Fire harard or Presence of chemicals such az Find sources of pollution and polWtion nazuml gas, oil, and gasoline, eliminaze them. Water is free obnoxious color odor, or from noticeable wlor, odor, or sludge noted- wnrmnioation. M d Vegetation not For gassy Ponds, grass cover For grasry goods, selectively growing or ~s s sparse and weedy or is thatch, aerate, and reseed ponds. over-groan vergown. For wetland Grazs cuttingw ,unless s ponds, plants are sparse or dictated by aesNe[cc Fnr invazive species are present. wetlwd ponds, hand-plant rscry-grown wetland Plants in bare areaz. Contact the Cooperative Lxrension Service for ditedion io invasive spcoics such az purple looseime and recd canary grass. Pond honours should have uniform dense emge of aesirtd viam spec M ~ Rodent hales Any evidence of mdwt holes Rodents desvoyW and dam or if facility is acting as a dam or berm apaimJ. Conuct the berth, or any evidence of Thursmn Coons, Health Uepr. water piping rhmugh dam or for guidance hertn via rodent hales- ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Pouds, Continued: Frequency Drainage ~Req'd Problem Conditions To Check FOr Conditions That Should Exist $vsam Feature M -0 Insects When insects such as wasps Insects destroyed or removed and homers intertue with from site Contact Cooperative eintenance auivities, or Extevsioo Seniw for when mosquitoes heoamea guidance- nuisana. A d Tree C,rowth Tree growth does not allow Trees do not hinder ainleoance access or maiolenanee activities. interferes with maintwance Seleaively cultivate trees such auivity (i e, slope mowing, as elders for flmwood. silt removal, ar equipment movemenm). Iftreea are oat interfering wiN ecass, Icevc trees alone. M Side slopes of ~ Erosion on Check around inlets and outlets Find causes oferosion and pond berms or at for signs of erosion Check eliminate them Then slopes entrance/ berms [oreigns oPeliding or should be etabili Eby using exit sorting. Action is needed apProDriate erosion control where eroded damage overt asum{s); a g., tuck inches deep end where there is eioforcement, Planting of potential for continued er¢sioa grass, compauioa M Smmge area d Sediment Awumulatcd scAimcnt Nat ScAimen[cleaned out to buildup in pond exceeds 10% of the designed designed pond shape and pond deDN. Baricd or partially depN; Dond reseeded if buried omletswcture probably necessary to control erosion. iodicazes signihcant sediment deposits. A Pond dikes d Settlements Any pen of dike, which has Dike should be boil[ backro settled 4 inches lower than Ne Ne desie_n elevation. design elevation. A Emergency J Rock missing Only one layer of rock exists Replaw rocks to desgn verflow/ shove native soil in areas standards. spillway square foe[ or largeq or any exposure of native soil. Onnime Emergency d Overflow Side of pond has no area wiN Contra County for guidance. overflow/ n e large rocks to handle spillway mergency overflows. If you are unsum whuher a Droblem aiets, please wntau Ne ]misdiction and ask far [ethnical assistena. Comments' ~: A=Annual (March or Aprilprcfcrted) M=MOnfily (eccsch Wulc) S = AHer major storms ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ca[eh Basias and Islets Frequency Drainage J aeq'd Poblem Condl[ions To Cbeck For Conditrons That Should Exist system Feature M,S Gcnual d Trash, debris, Trash or debris iv font of Ne No trash or debris locatc4 and sediment catch basin opening is mmediatcly in front of catch in or on basin blocking capacity by more hasin opening. Gale is kept than l0% clean and allows warn to auto. M d Sedimevt or debris (in nc~ No sediment or debris in the basin) fiat exceeds I9 [bc catch baziv. Catch basiv is dug depth @om fie bohom of out end clean. basin N invert of fie lowest pipe inm or out of fie basin. M,5 d Trash nr debris in any inlet or Inlet and Doan pipes flee of pipe hlockingmorc than ll3 trash or debris. of its heigh[. M J SWGnmI Comer of frame extevds Frame is even with curb. damage to more than 3/4 inch pas[ curb flame andlor fax into Ne strew (if top slab applicable)- M d Top slab has holes larger Top slab is free of holes and than 2 syuwe inches or cracks. sacks widuthan I/4 inch (intent is tv make mm all material is running into the basin). M J Frame not sining flush on top Frame is sitting flush ov top slab, i.e., sepwntion of more slab- fian 3/4 inch of Ne fame finm the top slab. A J Cracks in Cracks wider than I2 inch Kazin replaced or repaired to baziv and lovgu than 3 fret, any design standards. Comex a walls/bonvm evidence of soil pmtides professional engineu for entering catch basin through evaluaGOa cracks, or maimm~ancc peaanjudgcs maz stmewre is unsound. A ~ Gacks wide Nan 121nch No cracks more than 1/4 inph end longer Nan 1 four at[he wide etthejoint of ioler/outlct joint of any inlet/outlet pipe pipe. or xny evidenw of soil panicles entering catch basin Nrough cracks. ATTACHMENT"A"(CONTINUED) Maintenance Checklist for Catch Basins and Inlets, Continued: Frequency Drainage d Req'd Problem Conditions TO Check For Conditions That Should [xist System Feature A d SeulemenU Baiin has settled more Nan Basin replaced or repaired to - 1 inch or has rotmed more design standards. Contact a aliment than 2inches out of professional enginccr for alignment evaluation. M,5 d Firehvazd Prescncc of chemicals such No cuing odoq or sludge. basin [ oNu as natural gas, od, and 19 dug om and Clean. pollution gazoline. Obnoxious wing odor, or sludge noted. M,S J Outlet pipe Vegnation or roots growing No vegetazion or root groxM s dogged ninleUoutia pipejoiv6 presevt. with Nat is more Nan six inches vegem[ioo tell and less Nan six inches apan. If you are unsure whether a problem exists, please contact Ne Jurisdiction and ask for technical assistanw. Commevts_ ~~. A=Annual(March or April preferred) M =MUnNIy (see scbedule) S =After major storms ATTACHMENT "A" (CONY W UED) Maintenance Checklist for Infiltration S stems Frequency Drainage dReq'd Problem Conditiore TO Check FOr Conditions Tha[Should Pxist Svstem Feature M S General J 'trash & See Main[enan«Chedlist See Maintenance Checklist for debris far Ponds. Ponds. buildup in pond M J Poisonous See Maintenance Chccklis[ Scc Maintenance Gecklist for vegetation for POnds. Ponds. M,5 J Fire hazard See Maintenance Chccklis[ Sce Maintenance Checklist for or polWtion for POnds. Ponds. M J Vegetation See Maintenance Checklist See Maintenance Checklist lot not Bowing for Ponds. Ponds. overgrown M J Roden holes See Maintenance Chwklist Sm Maintenance Checklist lot f rPOnds. Ponds. M J Insecu See Maintenance Checklist See Maintenance Chwklist lot for Ponds. Ponds. A Storagearea J Sediment Asol texture test indicates Sediment is removed and/or fadlity buildup in facility is not workingazits is clwned so thaz infiltration system system designed capabilities or was works according [o design. A inwrtec0y designed. eediment VapDing area ie installed 10 Rduee 9edimenl l[MSpOrt iflt0 infilttatiov area. A J Storage area A soil texture test indicates Additional volume is added through drains facility is not workingazits xcavation to provide needed slowly designed capabilities or was storage. Soil is aerated and (more than inwrtcetly designed. roto611edmimprove drainage. 48 hours) or Conrad Ne City for ivfrrmatiov 00 ovdnows its requirements regarding excavation. M Sediment Any sediment and debris Clean out sump m design depth. napping fillingareaml0%of depth area from sump bonom to bottom ofounct Oipc or obstructing Flow into the nedor pipe. One'I~me Sediment Stonnwazd enters Add attepping area by covswding napping inf ltretion area directly asump for settling of solids. area not withourtree[mud. Segregate setttiog area fiom mst of present facility- Covmd city for guidance. ATTACHMENT `A"(CONTINUED) Maintenance Checklist for Infiltration Systems, Con[inned: M Roclailtcrs Sedimem By visual irepcc[ion liMe or Replaceeravel in rock filter. and debris no water Flows through filtev during heavy rain storms. $ Infiltration Infilvation Standing Watu in lnspoc[ion Excavam hottom of trench as 'Benches FaiWre Well After YS hwa aaer necessary but at lent 3 feet storm nr Overflow during Replace with crashcd rock. Smrms Check Oretreatmen[ systems for edeulveness. Chwk mbulary ea fo[ sediment sources. If you arc unmet whethu a problem exists, please wnmc[ me lurisdictioo and ask fov technical assistance. Comments. Kee: A=Annual(Maroh or April paferzed) M=MonNly (see schedule) $ =Aftw major Smrms ATTACHMENT "A" (CONTINUED) daintenance Checklist for Fencine/Shruhherv Screen/Other Laadscaolne Frequency Drainage dReq'd Problem Conditons TO Chet FOr Conditions That Should Exist sysmm Feamrc M General ~ Missing or Any defect in Ne foce o Fence is mended shmbs broken screen Nat permits easy replaced to forth a solid barrier par¢/deed entry m a faaliry. to entry. shrubbm M,S d Crosion Erosion has resulted in an Replace soil under fence so that opening undm a @me that o0 openng exceeds 4 inches in allows entry by people o height. pets. M d Unruly Shmbbery is growing om of Shmbbery is trimmed and vegetation cootml or ~s infested with weeded to provide appealing ads aesthetics- Do not use chemlwl9 m control weeds. A Wire Fences Damaged Posts out of plumb mo Poskx plumb [o within 1'/ inches pans Nanbinchcs. of plumb. q l'op rails bent more Nan b Top rail free of bends greater inches- than 1 inch. p Any pan of fence (ioduding Fence is aligned and mess posts, top rails, end fabriy design standards. more than 1 foot out of design alignment. q Missing or loose tension tension x m place and wire. holding fabric q Missing or loose barbed wire Barbed wire in plain with less Nat is sagging more Nan 2'/: Nan 3/4-inch sag beMeen posts. inches beaveen posts- A Cxrension arm missing, Extension arm n place with no broken, or bent ors oC shape bends larger than 3/4 inoh_ om then 1 % inches. q Deteriorate Pan or pans Naz have a StmeNrelly adequate pasts o d paint o r mefing or scaling wndtioo parts wiN a noifonn pmtecfive protective that hav efieeled stiumuml watiog. watiog adequacy- M Openings Openings in lobos are such No openings in febria in fabric that an &inch-diameW ball could fit Nmugh_ If you are unsure wheNer a problem exists, please wntau Ne ]udsdiction and ask for twhrdcal avsistancc Comments: Kcv A=Annual (March or April prefned) M= MonNly (see schedule) S = ARer major storms ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates frequency Drainage dReq'd Problem Cooditions to Check For Conditions That Should Exist syamm peamre M General ~ Damege4 or Gam is bmkegjammed, or Pond has a [wcGOning gate to missing missin6 allow entry of people and components aintenance equipment such as and backbces. If a lock I6 usey make swe City Smrmwater Seo[ion field sniff have a key. M d broken or missing hinges Hinges intact and tubed. Gate is mch Nat gem cannot be working faely. asily opened and dosed by a maimm~ance person. A d Gate is out of plumb mme Gate is aligned and vertical. Nan b inches and more Nan I foot out of design alienmenr. A d Missing stretcher bar, Stretcher bar, bands, and ties in stretaher banda and ties. place. If you are wsore whether a problem exists, please wnmet Ne lurisdiaion and ask for technical assistance. Comments: Kev: A=AVnual (March or ApN preferred) M=MOnNIy (see schedule) 5 = ARcr major storms ATTACHMENT "A" (CONTINUHD) Maintenance Checklist for Grounds (Landscaping) Frequency Drainage JReq'd Problem Conditions TO Check HOC Condihons Tha[Should Bxist System Feature M General J Weeds Weeds growing iv more Weeds present in less than 5 0 of (vonpoisono then 20%of Nelandscaped the landscaped area. us) area (trees and shmbs only} M J Safrty Mypresencc of poison iry No poisonous vcgetaion or hazard or other poisonous nrect vestspresent iv vegetation or insect nests. landscaped area. M,S d Trnsh or Sec Ponds Checklist See Ponds Checklist. liner M,S J Hrasion of Noticeable rills are seen in Causes of erosion are identified Ground landscaped areas. and steps taken to slow Surface dowNspread om the wazer. Eroded mess are filled, contoured, and sceded. A Trees and shmbs d Damage Limbs or pam of trces or Trim trees/shrubs m restore shmbs that are split or shape. Replace trees/shmbs wiN broken which aRcetmore evere damage. Nan 25 % of the total foliage of Netree or shmb_ M J Trees or shrubs [hat have Replant nee, inspecting for been bloxm down or injury ro stem or roots. Replace knocked over. if severely damaged. q d Ttees or shmbs, which are Place stakes end mbbervcoaled no[ adequately wpponed or tics arowd young veer/shmbs are leaning over, causing for support ezpoaua of Ne nuts. If you arc unsure wheNu a problpn exists, please woos Ne lurisdiaion and ask for mchniwl assistance. Comments' A=Annual (March or Apol pre[erted) M=Monthly (scesehedule) 5 =After major smrms