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Stormwater Agreement ComInd COMMERCIAL/INDUSTRIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOUCE CONTROL PLAN BY AND BETWEEN ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER “_________________”) 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: 19-17-2E .93 A SE SW COM SE COSR N 207 F NWLY ON YELM AVE 197 F P LESS ROW SR507 JCT SR510 TO BALD HILLS RD VIC Whereas, 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 Jurisdiction’s water resources, the Jurisdiction and hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. BUSINESS NAME/OWNER 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 Jurisdiction staff at 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. 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. (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 business, the person, or the firm 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 not affiliated with , 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 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, at no charge to (2) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with (3) Review this agreement with 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 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 stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the 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 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 ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal this day of 2012. Notary Public in and for the State of Washington, residing in My commission expires: STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal this day of 2012. Notary Public in and for the State of Washington, residing in . My commission expires: