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HomeMy WebLinkAboutHayden Homes Stormwater Maint Agmt Three Rivers West 4 & 5WHEN RECORDED RETURN TO: City of Pasco Engineering Department 525 N 3rd Ave Pasco, WA 99301 AFN # 1849576 AGREE 08/17/2016 12:25 PM 2 Page(s) $74.00 Matt Beaton, Auditor Franklin Co.. WA Parcel: 116020130 Legal: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON STORMWATER MAINTENANCE AGREEMENT FOR: THREE RIVERS WEST PHASE 4 & 5 THIS STORMWATER MAI�iTENANCE AGREEMENT (this "Agreement") is made and entered into this 1 day of fie_ 2016, by and between the City of Pasco, Washington, a Municipal Corporation (hereinafter referred to as the "City"), and Hayden Homes LLC , (hereinafter referred to as the "Developer"). The Developer is seeking to develop a portion of parcel # 116020130 and in consideration thereof the parties mutually agree and covenant the following: I. Each storm water facility (catch basin) shall have a Siltsace - 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. 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 this IL day of AL,,v 2016. City of Pasco, WASHINGTON Ahmad Qayoumi, P.E. Public Works Director Sign: Print: erZlJr�Fi�.J Hayden Homes LLC