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HomeMy WebLinkAboutEmerald Resources stormwater maint agr Madison Park Phase 2AFN # 1660931 AGREE 09/16/2016 09:40 AM 2 Page(s) $74.00 Matt Beaton, Auditor Franklin Co.. WA WHEN RECORDED RETURN TO: City of Pasco Engineering Department 525 N 3rd Ave Pasco, WA 99301 Parcel: 116350070 Legal: N2NWSE 11-9-29 & SI296.49' OF W2NE 11-9-29 EXC AMENDED PLAT OF NORTHWEST COMMONS PUD PHASE I AND EXC PHASES 2,4 & 3A EXCEPT ANY PORTION DESC IN DEED # 1793616 AND EXC NORTHWEST COMMONS PUD PHASE S STORMWATER MAINTENANCE AGREEMENT FOR: MADISON PARK PHASE 2 THIS STORMWATER MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this :Z�L day of At74iJarr , 2016, by and between the City of Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City"), and Emerald Resources. LLC , (hereinafter referred to as the "Developer"). The Developer is seeking to develop a portion of parcel # 116350070 and in consideration thereof the parties mutually agree and covenant the following: I. 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 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, not to exceed 1 month between inspections and cleaning. A maintenance and cleaning schedule is to be submitted to the City Engineer 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 Engineer. 5. Failure to maintain or keep operational at all times any storm drain system, which would result in intervention by the City, 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. C:)>9S 6. Failure of any storm drain facility, as determined by the City Engineer, 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 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 landscaping prior to that particular storm drain facility receiving final inspection & acceptance. The City Engineer shall 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 by the Developer. The City Engineer will then inspect each facility. Flooding tests or internal camera inspection may also be required at the developer's expense. Once each facility passes inspection and is 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, excluding certificate of occupancy through the developer to individual lots, this agreement shall also then transfer to said person(s) or entity and remain in full force until all conditions have been substantially met to the satisfaction of the City Engineer. Agreed to and acknowledged this2day of(iu.% 2016. City of Pasco. WASHINGTON Sign: AhmadQayoumi,P.E. Print: n�,� �<u�ldE2 tNt ru�pt/ Public Works Director Emerald Resources, LLC