Agenda - Council - 01/25/2022 - Laserfiche WebLink

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the Subject Property; and WHEREAS, the City approved the Plat and Development Agreement conditioned on the requirement that the Developer enter into an agreement for the maintenance of the Stormwater Management Practices within the Subject Property (the "Stormwater Maintenance Agreement"); and WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Practices and the responsibility relating to the costs of the repair and maintenance of the Stormwater 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 are hereby acknowledged, the parties hereto agree as follows: 1. Construction of the Stormwater Management Practices. The Developer shall be responsible for constructing all Stormwater Management Practices according to the Plans. 2. Maintenance of the Stormwater Management Practices. The City shall be responsible for repairing and maintaining the Stormwater Management Practices constructed in Outlots E and G. Maintenance of the Stormwater Management Practices may include, but not be limited to: a. Semi-annual inspections of all sump manholes and pond outfalls (flared end sections), with one inspection 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 City; and b. Bi-annual inspections to certify that the Stormwater Management Practices are functioning in accordance with the Plans, and the ponding facilities have maintained the proper operation of stormwater treatment in accordance with City and Lower Rum River Watershed Management Organization standards. Such inspections shall be documented in an inspection log retained by the City. If, as a result of any inspection by the City, it is determined that the Stormwater Management Practices constructed in Outlots E and G (i) are not functioning as originally designed and intended, or (ii) are in need of repair, the City shall restore the Stormwater Management Practices within a reasonable time so that they function as they were originally designed and intended pursuant to the Plans. The City agrees to be solely responsible for the repair and maintenance of the Stormwater Management Practices constructed in Outlots E and G and shall bear all costs of such maintenance. 3. 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 as permitted herein, on the basis of the benefit to portions of the Subject Property. 4. Future City Policy. Notwithstanding anything contained in this Agreement to the contrary, in the event the City shall in the future establish a policy for repair and maintenance by the