Agenda - Council - 07/25/2023 - Laserfiche WebLink

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Building Company enter into an agreement for the maintenance of the Storm Water Management Practices shown in the Plans within the Property; and WHEREAS, the City and School Building Company 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; 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 School Building Company shall construct the Storm Water Management Practices according to the Plans. 2. Maintenance of the Storm Water Management Practices. The School Building Company shall repair and maintain the Storm Water Management Practices at no expense to the City. The School Building Company 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 School Building Company and submitted to the City upon request; and b. Bi-annual inspections and certifications by a professional engineer (provided by the School Building Company) verifying 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 (the "LRRWMO") 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 School Building Company 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 School Building Company shall restore the Storm Water Management Practices so that they function as they were originally designed and intended pursuant to the Plans. The School Building Company agrees to be solely responsible for the repair and maintenance of the Storm Water Management Practices and the School Building Company shall bear all costs of such maintenance. If the School Building Company does not undertake 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 School Building Company. 3. Assessment. The School Building Company and the Church hereby waive any statutory right to contest any assessment by the City for its costs of maintenance/repair as permitted Page 2 of 6