20070235 Stormwater Maintainance Agree Template 09172013 RESIDENTIAL
AGREEMENT TO MAINTAIN STORMWATER FACILITIES
BY AND BETWEEN
THEIR HEIRS, SUCCESSORS, OR ASSIGNS
(HEREINAFTER " ��)
AND
Citv of Yelm. Washinqton
HEREINAFTER "JURISDICTION") �
i
�
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 have constructed improvements, including but ;
E 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 hereby
'; enter into this Agreement. The responsibilities of each party to this Agreement are
; identified below.
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---------------------------------------------------------------------------------------------g-----------�
; . The lo ;
; 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
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:
(a) Name, address, and telephone number of the businesses, the persons, or 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) and (2) above. A photocopy of the applicable sections of j
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.
i THE JURISDICTION SHALL:
; (1) Provide technical assistance to the 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
�
; (3) Review this agreement with the 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 notice of the specific maintenance and/or repair
,
required. The Jurisdiction shall set a reasonable time in which such work is to be �
, �
, �
�---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------�
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------;
; STATE OF WASHINGTON ) �
) ss
; COUNTY OF THURSTON )
; On this day and year above personally appeared before me, � ;
; k n o w n t o b e th e 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 , 20_• '
Notary Public in and for the State of
Washington, residing in
My commission expires
; STATE OF WASHINGTON ) �
) ss '
i COUNTY OF THURSTON )
; On this day and year above personally appeared before me, , ;
; kn own 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 , 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
;
; �
�---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------�
�----------------------------------------------------------------------------------------------------------------------------- ;
i //
i
i
i
i
i
i
;
, �
�-------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------�
------------------------------------------------------------------------------------------------------------------------------------------------------------------�
' 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 stating the ;
Jurisdiction's intention to perform such maintenance and bill the
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
responsibilities shall remain in effect.
; (3) The 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). ;
i
; (4) The shall assume responsibility for the cost of ;
maintenance and repairs to the stormwater facility, except for those maintenance i
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.
Owner
Owner
Dated this day day of . 20
; Public Works Director, City of Yelm
; //
;
,
�---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------�