Agenda - Council - 02/22/2022 - Laserfiche WebLink

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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 Developer shall repair and maintain the Storm Water Management Practices at no expense to the City. The Developer 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. 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 Developer and submitted to the City upon request; and b. Bi-annual inspections and certifications by a professional engineer (provided by the Developer) 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 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 shall restore the Storm Water Management Practices so that they function as they were originally designed and intended pursuant to the Plans. The Developer agrees to be solely responsible for the repair and maintenance of the Storm Water Management Practices and the Developer shall bear all costs of such maintenance. If the Developer does 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 Developer. 3. Assessment. The Developer 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 the Property. 4. Future City Polices 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 City of storm water management practices owned by private parties located elsewhere in the City under which policy the costs of such repair and maintenance are to be paid either out of general City revenues or by collection of utility or service fees or charges,the Developer shall be entitled to petition the City for the inclusion of the Storm Water Management Practices under such repair and maintenance program. The recording of a certified copy of the resolution of the City Council of the City which sets forth the consent and authorization described in the foregoing sentence shall serve to terminate this Agreement, without further action on the part of any party hereto. Page 2 of 6