Agenda - Council - 08/12/2019 - Laserfiche WebLink

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being properly executed and recorded; and NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which are 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. 2. Maintenance of the Storm Water Management Practices. The owners from time to time of fee title to the various parcels included in the Property (collectively, the —'_`Owners"_') shall repair and maintain the Storm Water Management Practices at no expense to the City. The Owners, by duly recorded agreement, may allocate between or among themselves their respective shares of the costs of such repair and maintenance, based on the relative benefits received by each parcel included in the Prope lty or otherwise, but until otherwise provided in any such agreement the Owner of Lot 1 shall be solely responsible for such repair and maintenance and the costs thereof. Maintenance of the Storm Water Management Practices shall include, but not be limited to: a_ (i) Semi-annual inspections of all sump manholes and pond outfalls (flared end sections), with one in each spring (to remove debris, winter salt and sand deposits, etc.), and autumn (to. remove vegetation, sediment, debris, leaves, etc.). If necessary, corrective actions, including removal of all litter and debris, and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy functioning plant -life therein, shall be executed. Such inspections and corrective actions shall be documented in a maintenance log retained by the Owners and submitted to the City upon request; and b (ii) Bi annual inspections and certifications by a professional engineer (provided by the Owners) that the Storm Water Management Practices are functioning in accordance with the Plans, and the ponding facilities have maintained the proper operation of storm water treatment in accordance with City and Lower Rum River Watershed Management Organization standards. Copies of the bi-annual inspection reports shall be provided to the City within 30 days of their preparation. If, as a result of any inspection by the Owners 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 Owners shall restore the Storm Water Management Practices so that they function as they were originally designed and intended pursuant to the Plans. The Developer, for itself and the Owners from time to time, agrees to be solely responsible for the repair and maintenance of the Storm Water Management Practices and the Owners shall bear all costs of such maintenance. The Owners from time to time shall be responsible for the obligations of the Developer under this Agreement, and each such Owner shall be responsible for its proportionate share of the obligations of the Developer under this Agreement only while it is an Owner. If the Owners do not undeltake the necessary maintenance within thirty (30) days of notification by the City, the City may contract such maintenance, and the costs reasonably incurred by the City for contracting such maintenance shall be reimbursed to the City by the Owners whose parcels in the Property are entitled to the benefits of the Storm Water Management Practices. 2-Assessment. The Developer, for itself and the Owners from time to time, hereby waives any statutory right to contest any assessment by the City for its costs of maintenance/repair