Agenda - Council - 02/14/2017 - Laserfiche WebLink

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WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Storm Water Management Practices and the responsibility relating to the costs of the repair and maintenance of the Storm Water Management Practices. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as FOLLOWS: 1. Construction of the Storm Water Management Practices. The Developer shall construct the Storm Water Management Practices according to the Plans and repair and maintain the Storm Water Management Practices at its sole cost and expense. 2. Maintenance of the Storm Water Management Practices shall include, but not be limited to: (i) Semi-annual inspections by Developer, of each calendar year, of all catch basins and manholes; the filtration basins and the outlet control structure, with one inspection on or about May 1 (to remove debris, winter salt and sand deposits, etc.), and one inspection on or about October 1 (to remove vegetation, sediment, debris, leaves, etc.). The inspections shall be documented in a maintenance log retained by the Developer and submitted to the City upon request; and (ii) When all construction is complete on the Property, and every three years thereafter inspection reports and certifications by a professional engineer (provided by Developer) must be submitted to the City certifying that the Storm Water Management Practices are functioning in accordance with the Plans and Developer has maintained the proper operation of the Storm Water Management Practices according to the manufacturer's operation and maintenance guidelines and City standards. Such inspections and reports shall include actual visual inspection of the inlets, outlets, manholes and outlet control structures. Copies of the inspection reports shall be provided to the City within 30 days of their preparation. The inspections referenced in this paragraph 2.(ii) are in addition to the bi-annual inspections referenced in paragraph 2.(i) above. (iii) If, as a result of any inspection by the Developer or City staff, it is determined that the Storm Water Management Practices (i) have not been maintained; or (ii) are not functioning as originally designed and intended; or (iii) are in need of repair, the Developer agrees to restore the Storm Water Management Practices so that it functions as it was originally designed and intended pursuant to the Plans. 3. Developer Responsibility The Developer, as present owner of the Property, shall be solely responsible for the repair and maintenance of the Storm Water Management Practices and all other Developer obligations as defined herein and shall bear all costs of such 2