2021.0026 LD Stormwater Agreement.doc
RESIDENTIAL
AGREEMENT TO MAINTAIN STORMWATER FACILITIES
BY AND BETWEEN
Rush Residential, Inc.
THEIR HEIRS, SUCCESSORS, OR ASSIGNS
(HEREINAFTER “DEVELOPER”)
AND
City of Yelm, Washington
HEREINAFTER “JURISDICTION”)
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.
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
stormwater facilities and use of pollution source control BMPs.
LEGAL DESCRIPTION:
Whereas, the DEVELOPER 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 DEVELOPER hereby enter into this Agreement. The responsibilities
of each party to this Agreement are identified below.
DEVELOPER SHALL:
(1) Implement the stormwater facility maintenance program included herein as Attachment “A.”
(2) Implement the pollution source control program included herein as Attachment “B.”
(3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment
at DEVELOPER. 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 as specified in the attached instructions or more often if necessary. The DEVELOPER are 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.
(4) Submit an annual report to the Jurisdiction regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar
year and shall contain, at a minimum, the following:
Name, address, and telephone number of the businesses, the persons, or the firms responsible for plan implementation, and the person completing the report.
Time period covered by the report.
A chronological summary of activities conducted to implement the programs referenced in (1) and (2) 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.
An outline of planned activities for the next year.
THE JURISDICTION SHALL:
(1) Provide technical assistance to the DEVELOPER in support of 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 of one (1) site visit per year to discuss performance and problems with the DEVELOPER.
Review this agreement with the DEVELOPER 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 facilities located in the subdivision, the Jurisdiction shall give the DEVELOPER
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 DEVELOPER stating the Jurisdiction’s intention
to perform such maintenance and bill the DEVELOPER for all incurred expenses.
(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 Remedies (1), above, shall be required under such circumstances. All other DEVELOPER responsibilities shall remain in effect.
(3) The DEVELOPER 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) The DEVELOPER 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.
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 any right, title, or interest, 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 part thereof, or interest
therein, and to the benefit of all citizens of the Jurisdiction. Without limiting the foregoing, it is intended that the property described above shall be conveyed to a homeowners association
formed to maintain the residential community in which the property is located, and upon such conveyance, all rights and obligations of DEVELOPER hereunder shall automatically be assigned
to and assumed by such homeowners association. However, notwithstanding anything herein to the contrary, DEVELOPER (the installer of the improvements and facilities) shall remain responsible
for any defects (whether latent or patent) in the design or construction of such improvements and facilities, and such responsibility will not be assigned or otherwise inure to a subsequent
owner of the property.
Developer
Dated this day day of , 20___
Public Services Director, City of Yelm
STATE OF WASHINGTON )
) ss
COUNTY OF PIERCE )
On this day and year below, personally appeared before me , to me known to be the of , and who executed the within and foregoing instrument and acknowledged that he/she
signed the same as his/her own free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes
herein mentioned.
Given under my hand and official seal this _____ day of ___________, 20 ___.
Notary Public in and for the State of
Washington, residing in
My commission expires
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 ___________, 20 ___.
Notary Public in and for the State of
Washington, residing in
My commission expires