HomeMy WebLinkAboutPhoenix Excavating - Stormwater Maintenance Agmt for First Place Phase 3FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
Public Works Department
City of Pasco
525 N 3`d Ave
Pasco, WA 99301
AFN # 1770472 AGREE
08/15/201108:40 AM
2 Page(s) $65.00
Man Beaton, Auditor
Franklin Co.. WA
STORMWATER MAINTENANCE AGREEMENT FOR
FIRST PLACE PHASE 3
THIS STORMWATER MAINTENANC'''"""E AGREEMENT (this "Agreement ") is
made and entered into this � day of , 201, by and between the City of
Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City''), and
p4oz*ki'4 £r caye7in• p'nG (hereinafter referred to as the "Developer ").
The Developer is seeking to develop a portion of parcel # / >_zs0- /to and in
consideration thereof the parties mutually agree and covenant the following:
1. Each storm water facility (catch basin) shall have a Siltsacv - Regular Flow
(ACF Environmental Catalog No. SILT02X02) installed per the manufacturer's
directions.
2. The Developer will provide all monitoring, maintenance practices and procedures,
as well as any financial obligations relating to the storm drain system. Failure to
provide adequate maintenance, which may result in the failure of any storm drain
system, is the complete responsibility of the Developer.
3. All storm drain systems (catch basins, abutting roadways, etc.) will be cleaned
and inspected by the Developer on a regular maintenance schedule. The Siltsack"
maintenance shall follow the manufacturer's instructions. Inspections and
cleaning of the entire system shall occur at intervals not exceeding one (1) month.
In the event these requirements conflict with regard to the time between
inspections and cleaning, the stricter shall prevail. Storm ponds will be cleaned of
all debris and weeds and the grass shall be mowed over the entire lot or tract. All
cleaning, mowing and maintenance shall occur on a regular schedule not to
exceed one (1) month between cleaning, mowing and maintenance. A schedule is
to be submitted to the Public Works Department prior to construction of these
facilities. Final plat approval will not be given until such time as this schedule
has been submitted and approved by the City of Pasco.
4. All stone drain systems are to be kept operational by the Developer at all times
until accepted by the City Engineer.
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5. Failure to maintain or keep operational at all times any storm drain system, which
would result in intervention by the City of Pasco, will result in all costs incurred,
including private property damage, to be levied against the owner /developer at a
rate not to exceed 125% percent of costs incurred.
6. Failure of any storm drain facility, as determined by the City Engineer, will result
in the replacement of the facility as well as complete repairs to the Right -of -Way
by the owner /developer as directed by the City Engineer. This may include
replacement of curb, gutter and sidewalk as well as repaving of adjoining street
side (centerline to curb) from intersection to intersection. This policy will start at
the beginning of construction of the storm drain facilities and remain in effect
until the expiration of the one year warranty period for said facilities.
7. All lots that contribute to or affect the performance of any given storm drain
facility, as determined by the City Engineer, must be landscaped with approved
and accepted residential landscaping prior to that particular storm drain facility
receiving final inspection & acceptance. The City Engineer reserves the right to
determine actual areas that may affect a storm drain facility.
8. Prior to acceptance of any storm drain system, all facilities within the system must
be cleaned (including all foreign material removed) by the Developer. The City
Engineer may require inspection each facility with the use of a camera by the
Developer. Flooding tests may also be conducted by the Developer. Once each
facility passes inspection and they are accepted by the City Engineer the one year
warranty period for those accepted storm drain systems will begin.
9. In the event ownership of any property located within the confines of this
agreement is passed to another person(s) or entity this agreement shall remain
with the Developer.
10. This agreement will remain in full force and effect until such time as all
conditions have been met to the satisfaction of the City Engineer or a new
agreement has been properly executed and recorded at the Franklin County
Courthouse, Washington.
Agreed to and acknowledged this &day of tt 20A
WASHINGTON
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Owner