HomeMy WebLinkAboutBig Creek Land Stormwater Broadmoor Terr Ph 1FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
Public Works Department
City of Pasco
525 N 3rd Ave
AFN # 1833900 AGREE
Pasco, WA 99301 08!2412016 11:16 AM
2 Page(s) $73.00
Matt Beaton. Auditor
Franklin Co.. WA
STORMWATER MAINTENANCE AGREEMENT FOR
BROADMOOR TERRACE PH 1
THIS STORMWATER M!�A,INTEN NCE AGREEMENT (this "Agreement') is
made and entered into this P day of , 2015, by and between the City of
Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City"), and
Big Creek Land Company LLC (hereinafter referred to as the "Developer"). The
Developer is seeking to develop all or a portion of parcels # 115501047, # 115501038, #
115501029, # 115501010 and # 115502028 and in consideration thereof the parties
mutually agree and covenant the following:
1. Each storm water facility (catch basin) shall have filter fabric material installed on
top and held in place with the grate cover. All filter fabric material is to be
approved by the City Engineer prior to installation.
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. 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 given until such time as this schedule has been submitted and
approved by the City of Pasco.
4. All storm drain systems are to be kept operational by the Developer at all times
until accepted by the City Engineer.
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.
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, 2015
PASCO, WASHINGTON
�:tad Ahmad•. '
Public Works Director Big Creek Land Company