Loading...
Storm Maint Agreement 001urn Address / of Yelm ni Merriman Box 479 m, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to maintain Stonn Water Facilities Reference Number(s) of Documents assigned or released: (on page of doeuments(s)) Grantor(s) (Last name, first name, middle initial) 1. TVGCC, LLC ~. Bloom, Douglas R Grantee(s) (Last name, first name, middle initial) I. City of Yehn 2. Legal Description (abbreviated: i.e. bt, block, plat or section, township, range) A portion of the S W % of S l9, T 17N, R2E Assessor's Property Tax Parcel/Account Number: 22719330700 AGREEMENT TO MAINTAIN STORM WATER FACILITIES BY AND BETWEEN TVGCC, LLC. THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND CITY OF YELM (HEREINAFTER "JURISDICTION'S The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources. The OWNER is expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION Parcel number 22719330700 recorded with Thurston County. Facility called "Tahoma Yalley Goffand Country Cfub" Whereas, the OWNER has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction to ensure the protection and enhancement of water resources, the Jurisdiction and the OWNER hereby enters into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL (D 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 programs referenced in (1) above. The logbook shall be available for inspection by appointment with OWNER. The logbook 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 as specified in the attached instructions or more often if necessary. The OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (3) Submit an annual report to the Jurisdiction regarding implementation of the programs referenced in (1)) above. The report must be submitted on or before May 16 of each calendar year and shall contain, at a minimum, the following (a) Name, addrees, and telephone number of the businesses, the persons, ox the firms 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 programs referenced in (1) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. Far any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities for the nezt year. THE JURISDICTION SHALL (1) Provide technical assistance to the OWNER in support o£ its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request and as Jurisdiction time and resources permit. (2) Review the annual report and conduct a minimum o£ one (1) site visit per year to discuss performance and problems with the OWNER. (3) Review this agreement with the OWNER and modify it as necessary at least once every three (3) years. REMEDIES (1) If the Jurisdiction determines that maintenance or repair work for stormwater facilities located on the property, the 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 OWNER. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, written notice will be sent to OWNER stating the Jurisdiction's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health oe welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persona listed in Remedies (D, above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grant 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) OWNER shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those 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 judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. (3) The OWNER HERBY GRANTS TO THE jurisdiction a lien against the above described property in the amount equal to the cost incurred by the Jurisdiction to perform 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 al] parties having or acquiring any right, title, or interest, or any part thereof, of real property. 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. ~~_ ~~ i" ~~ Owner I Owner STATE OF WASHINGTON) COUNTY OF THIJRSTON ) es On this day and year above personally appeared before me, ~.CV(~q)y~11 and known to be the individual' described and who executed the foregoing instrument and acknowledge that they signed the same as theirh•'> free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this ~%day of n~c re'-m l~tt , 200 7. ,~~/~>Zt 7L~/~in<~~ Notary Public in and for the State of qq Washington, residing in ~rc¢ t-O My commission expires ~' ~ 7 -/) STATE OF WASHINGTON) COUNTY OF THURSTON ) se 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 My commission APPROVED AS TO FORM ATTACHMENT A MAINTENANCE PLAN Tahoma Valley Golf & Country Club TVGCC, LLC. INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will 6e used [o write the annual report (due in May of each year). Some items do not need to be checked with every inspection. Use the suggested frequency at [he left of each item as a guideline for the inspections. The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears that a problem may exist. NGCC SECTION 1 - REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes) Drainage ,. System Conditions That Shoultl Fre vent Feature Re 'tl Problem Conditions tc Check Far Exist M.S. Pipes Sediment 8 Accumulatetl setliment that exceetls Pipe cleaned of all tlebris 20%of the tliameler of the pipe. setliment and tlebris. M Vegetation Vegetation that retluces free All vegetation removetl movement of walerthrough pipes. so water flows freely. A Damagetl Protective coating is tlamagetl, rust Pipe repaired or (rusted, bent is causing more than 50% replacetl. or crushed) tleterioration to any part of pipe. ~. M Any tlent [hat signiFlwntly impetles Pipe repairetl or flow (i.e., tlecreases the cross replacetl. section area of pipe by more than zo%). M Pipe has major cracks or tears Pipe repairetl or allowing grountlwater leakage. replacetl. If you are unsure whether a problem exists, please contact [he Jurisdiction and ask for technical assistance. Comments'. Key. A =Annual (March or April preferred) M = Mpn[h ly Isee schedule) S =After major storms Maintenance for Catch Basins and Inlets Drainage ~ System Contlitions Tha[ Shoultl Fre uen Feature Re 'tl Problem Contlitions to Check Far Exist M,S General Trash, tlebris Trash or debris in front of the No trash or tlebris lcwtetl and sediment catch basin opening is immetliately in front of vetch in or on basin blocking cepacRy by more than basin opening. Grate is 10°h. kept clean and allows water tp enter. M Sediment or debris (in the No sediment or debris in the basin)that exceetls 1/3 the catch basin. Catch basin is tlepih from the bottom of basin dug out antl clean. tc invert of the lowest pipe into or out of the basin. M,S Trash or tlebris in any inlet or Inlet antl outlet pipes free of pipe blocking more than 1/3 of trash or debris. its height. M Structural Corner of frame eMentls more Frame is even with curb. damage to than 3l4" past curb face into frame antl/ar street (if applicable). tap slab M Top slab has holes larger than Top slab is free of holes antl 2 square inches or cracks cracks. wider than 1/4" (intent Is to make sure all material is running into the basin. M Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more of top slab. than 3/4" of the frame from the tap slab. A Cracks in Cracks wider than 1/2" antl Basin replacetl or repaired basin longer than 3", any evidence of to design slantlartls. wallslbottom soil particles entering vetch Contacts a professional basin through cracks or engineer for evaluation. maintenance person judges that structure is unsountl. q Cracks witler than 1l2" antl No cracks more than 1/4" longer than l'at the joint of witle al the loint of any inleVOUtlet pipe or any inleVOUtlet pipe. evidence of soil particles entering catch basin through cracks. q Settlement / Basin has settletl mare than 1" Basin replacetl or repairetl misalignment or has rotated more than Y' out to design standartls. of alignment Contacts professional engineer for evaluation. M,S Fire hazard of Presence o(chemicals such as No color, otlor ar slutlge. other pollution natural gas, ail antl gasoline. Basin is tlug out and clean Obnoxious celoq otlor or slutlge notetl. M,S Outlet pipe is Vegetation or roots growing in No vegetation or root growth cloggetl with inleVOUllet pipe joints that are present. vegetation more than 6"tall antl less than 6" apart. SECTION Z - RESPONSIBLE ORGANIZATION NGCC, LLC, shall be responsible for the operations and maintenance of all on-site storm drainage facilities. SECTION 3 - VEGETATION MANAGEMENT PLAN All disturbed pervious areas on the site will be landscaped to provide as aesthetically pleasing environment. SECTION 4 - INFILTRATION POND The bottom surface of the infiltration pond shall be periodically inspected for build-up of sediment and debris. If the pond begins to have standing water, especially after rainfall has ceased for several days, the infiltration facility may not be infiltrating properly and should be inspected. SECTION 5 - AquaSwirl® This proprietary devices shall be inspected and maintained per the manufactures recommendations.