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HomeMy WebLinkAboutHayden Homes Stormwater Maintenance Agreement Three Rivers WestAFN # 1817578 PRAG 07/28/2014 04:05 PM 2 Page(s) $73.00 Matt Beaton, Auditor Franklin Co.. WA FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco Public Works Department P.O. Box 293 Pasco, WA 99301 STORMWATER MAINTENANCE AGREEMENT FOR: THREE RIVERS WEST SUBDIVISION THIS STORMWATER MAINTENANCE AGREEMENT (this "Agreement ") is made and entered into this Z6t-day of , 2014, by and between the City of Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City "), and HAYDEN HOMES, INC (hereinafter referred to as the "Developer "). The Developer is seeking to develop a portion of parcel # 116020012 and in consideration thereof the parties mutually agree and covenant the following: 1. Each storm water facility (catch basin) shall have a Siltsack® - 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 stone 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, not to exceed I month between inspections and cleaning. A maintenance and cleaning schedule is to be submitted to the City of Pasco Public Works Department affecting these storm drain systems prior to construction of these facilities. 4. All storm drain systems are to be kept operational by the Developer at all times until accepted by the City of Pasco. 5. Failure to maintain or keep operational at all times any stone 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. a sus 6. Failure of any storm drain facility, as determined by the City of Pasco, will result in the replacement of each facility as well as complete repairs to the Right -of- Way by the owner /developer as directed by the City of Pasco. 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. All lots that contribute to or affect the performance of any given storm drain facility, as determined by the City of Pasco, must be landscaped with approved and accepted City of Pasco residential landscaping prior to that particular storm drain facility receiving final inspection & acceptance. The City of Pasco reserves the right to determine actual areas that may affect a stone 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 of Pasco 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 of Pasco the one year warranty period for those accepted stone 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 of Pasco or a new agreement has been properly executed and recorded at the Franklin County Courthouse, Washington. Agreed to and acknowledged this lg'day of u n. 2014 CITY OF PASCO, WASHINGTON H YDEN HOMES, INC � L Michael A. P w H ayden Watson, Owner City Engineer