Full Text
City of Puyallup Stormwater Facilities Agreement After recording return to: City Clerk City of Puyallup 333 South Meridian Puyallup, WA 98371 STORMWATER MANAGEMENT/BMP FACILITIES AGREEMENT THIS AGREEMENT, made and entered into this day of by and between (Insert Full Name of hereinafter called the "Landowner", and City of Puyallup, WA hereinafter called the “City”. WITNESSETH, WHEREAS, the Landowner is the owner of certain real property described as (Pierce County tax Map/Parcel Identification Number) located at (address) hereinafter called the "Property"; and WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as (Name of Plan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City, provides for detention/retention and/or treatment of stormwater within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Puyallup, WA, require that on-site stormwater management/BMP facilities (“Stormwater Facilities”) be constructed and maintained on the Property; and WHEREAS, the City requires that Stormwater Facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Stormwater Facilities shall be constructed by the Landowner, its agents, successors and assigns, in accordance with the plans and specifications identified in the Plan. ---PAGE BREAK--- City of Puyallup Stormwater Facilities Agreement 2. The Landowner, its agents, successors and assigns, including any homeowners association, shall adequately maintain the Stormwater Facilities as described in the Maintenance and Operations Manual submitted separately as Exhibit A. This includes all pipes and channels built to convey stormwater to the facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Annual Inspection Report, in a form prescribed by the City, shall be used to establish what good working condition is acceptable to the City. 3. The Landowner, its agents, successors and assigns, shall regularly inspect the Stormwater Facilities and shall submit an inspection report not less than annually. The purpose of the inspection(s) is to assure safe and proper functioning of the Stormwater Facilities. The Annual Inspection Report form is submitted separately as Exhibit B. The inspection shall cover the entire facilities, including but not limited to berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted by Landowner in the inspection report. 4. The Landowner, its agents, successors and assigns, hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Stormwater Facilities whenever the City deems necessary. The purpose of a City-conducted inspection is to follow-up on reported deficiencies, to respond to citizen complaints, and/or to assure proper operation and function of Landowner’s facility. Except in case of emergency, the City shall provide Landowner with at least forty-eight (48) hours written notice prior to entering on to the Property. Landowner shall be entitled to have its representative accompany the City during such inspection. The City shall provide the Landowner, its agents, successors and assigns, with copies of inspection findings and any directive to commence with the repairs if found to be necessary. 5. In the event the Landowner, its agents, successors and assigns, fails to maintain the Stormwater Facilities in good working condition reasonably acceptable to the City, the City may enter upon the Property and take whatever steps the City deems necessary to correct deficiencies identified in the inspection report and to charge the reasonable costs of such repairs to the Landowner, its agents, successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. The Landowner, its agents, successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed. 7. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like pursuant to this Agreement, the Landowner, its agents, successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. ---PAGE BREAK--- City of Puyallup Stormwater Facilities Agreement 8. This Agreement imposes no liability of any kind whatsoever on the City. Landowner agrees to hold the City harmless from any liability in the event the Stormwater Facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Pierce County, WA, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. WITNESS the following signatures and seals: Company/Corporation/Partnership Name (Seal) Signature Print Name & Title STATE OF WASHINGTON ) ) ss COUNTY OF On this day of before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me, known to be the of the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness under my hand and official seal this day of Signature Type or Print Notary Name Notary Public in and for the State of Washington, residing at My commission expires Use this space for Notary Seal Stamp ---PAGE BREAK--- City of Puyallup Stormwater Facilities Agreement Exhibit A (Operations and Maintenance Manual – Stormwater BMPs) ---PAGE BREAK--- City of Puyallup Stormwater Facilities Agreement Exhibit B (Annual Inspection Report Form) ---PAGE BREAK--- Page of City of Puyallup Stormwater Facilities Agreement Annual Inspection Report City of Puyallup - Stormwater BMP Facilities Inspection and Maintenance Log Facility Name Address Begin Date End Date Date BMP ID# BMP Facility Description Inspected by: Cause for Inspection Exceptions Noted Comments and Actions Taken Instructions: Record all inspections and maintenance for all treatment BMPs on this form. Use additional log sheets and/or attach extended comments or documentation as necessary. Submit a copy of the completed log with the Annual Independent Inspectors’ Report to the City, and start a new log at that time. BMP ID# — Always use ID# from the Operation and Maintenance Manual. Inspected by — Note all inspections and maintenance on this form, including the required independent annual inspection. Cause for inspection — Note if the inspection is routine, pre-rainy-season, post-storm, annual, or in response to a noted problem or complaint. Exceptions noted — Note any condition that requires correction or indicates a need for maintenance. Comments and actions taken — Describe any maintenance done and need for follow-up. Return Form to: Stormwater Engineer/City of Puyallup 333 South Meridian Puyallup, WA 98371 ---PAGE BREAK--- Page of City of Puyallup Stormwater Facilities Agreement Annual Inspection Report City of Puyallup - Stormwater BMP Facilities Inspection and Maintenance Log Facility Name Date BMP ID# BMP Facility Description Inspected by: Cause for Inspection Exceptions Noted Comments and Actions Taken