Full Text
Page – 1 Rain Garden Maintenance Covenant After recording return to: City Clerk City of Puyallup 333 South Meridian Puyallup, WA 98371 Document Title: Rain Garden Maintenance Covenant Reference Number of Related Document(s): N/A Grantor: Grantee: City of Puyallup Legal Description: Additional Legal Description on Page(s): N/A Assessor’s Tax Parcel Number: Rain Garden Maintenance Covenant For and in consideration of the installation of a rain garden on the Property, Grantor, hereby voluntarily covenants to maintain the Rain Garden at the Property pursuant to the terms the Rain Garden Maintenance Plan, all of which are more fully described below. The Property is legally described above, and is situated in the County of Pierce, State of Washington. 1. Grantee: City of Puyallup, a municipal corporation in the State of Washington (City or Grantee), 333 South Meridian, Puyallup, Washington. 2. Property: The Property is located at what is commonly known as: Puyallup, WA. 3. Rain Garden: The Rain Garden is a stormwater facility, namely, a planted depression or area that collects stormwater runoff from impervious surfaces and other areas and facilitates absorption, infiltration, evaporation and transpiration of the stormwater. The Rain Garden contains plants and may contain engineered soils and erosion controls measures. The Rain Garden is located within the Property. 4. Rain Garden Maintenance Plan: The Rain Garden Maintenance Plan is on file with the City of Puyallup, and is incorporated herein by this reference. A copy for the Rain Garden Maintenance Plan shall be provided to Grantor. 5. Maintenance: Grantor shall maintain the Rain Garden in accordance with the Rain Garden Maintenance Plan. Grantor shall pay for the costs and expenses that are related to its maintenance obligations. If Grantor fails to comply with any provision of this covenant, including the incorporated Rain Garden Maintenance Plan, the City may fulfill Grantor’s obligations or maintain or restore the Rain Garden, and Grantor shall reimburse the City for the costs and expense incurred by the City. Grantor shall not materially alter the Rain Garden without the express written consent of the City. 6. Inspection: The City is authorized to enter the Property at reasonable times for the purpose of inspecting and monitoring the Rain Garden, and when necessary, restoring the Rain Garden. ---PAGE BREAK--- Page – 2 Rain Garden Maintenance Covenant 7. General Covenant Provisions a. This covenant is an equitable covenant. It touches and concerns the land that is legally described herein. b. Grantor intends that this covenant shall bind the parties’ successor and assigns. c. This covenant shall run with the land that is described herein, and shall bind whoever has possession of the land, in whole or in part, without regard to whether the possessor has title, or has succeeded to the same estate that Grantor has or had. Possessors shall include, but are not limited to, leasehold tenants, contract purchasers, subtenants, and adverse possessors. d. This covenant shall run with the land even in the absence of the transfer of some interest in land, other than the covenant itself, between Grantor and Grantee. e. This covenant shall not be governed by the mutuality rule. The burden of the covenant can run independently from the benefit of the covenant, and the benefit need not run. The benefit may be in gross or personal to Grantee. f. Grantor waives its right to assert any defenses to the enforcement of this covenant, including, but not limited to, the change of neighborhood doctrine, laches, estoppel, balancing of hardships, and abandonment. g. If Grantor breaches any term of this covenant, then all remedies in equity and at law, including, but not limited to, injunctions, mandamus, declaratory judgments, and damages, shall be available to Grantee. 8. Governing Law. This covenant shall be governed by and construed in accordance with the laws of the State of Washington. 9. Venue. The venue for any action that arises from or out of this instrument shall be the Pierce County Superior Court. 10. Severability. The invalidity or unenforceability of any provision of this instrument shall not affect the other provisions hereof, and this instrument shall be construed in all respects as if such invalid or unenforceable provisions were omitted, unless such invalidity or unenforceability destroys the purpose and intent of this instrument. 11. Non-Waiver. The failure of a party to strictly enforce its rights under any provision of this instrument shall not be construed to be a waiver of that provision. No waiver of any breach of this instrument shall be held to be a waiver of any other breach. Dated: Grantor State of Washington County of Pierce } ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he or she signed this instrument and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ---PAGE BREAK--- Page – 3 Rain Garden Maintenance Covenant Notary Public, State of Washington My appointment expires: [seal or stamp] State of Washington County of Pierce } ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he or she signed this instrument and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public, State of Washington My appointment expires: [seal or stamp]