2021 Declaration and Easement for Stormwater Maintenance

Home Browse Search

b. Scope of Inspection. The inspection shall cover, without limitation, the entire stormwater runoff management facilities, including access roads and buffers. Deficiencies shall be noted in an inspection report prepared by the City (the "Inspection Report"). A stormwater runoff management facility will be considered inadequate if it is not compliant with all requirements of the Plan and City stormwater maintenance standards. c. Reporting. The Declarant will submit to the MCWD and to the City once every 5 years a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. The Declarant shall be responsible for providing a letter to the City Engineer, by August 1St of those years ending in either 5 or 0, stating that inspection and maintenance have been completed. The Declarant shall be responsible for the payment of any associated costs. d. City Access and Maintenance Rights. The Declarant hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater runoff management facilities whenever the City deems necessary. The City shall provide the Declarant, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. e. Failure to Maintain. In the event the Declarant, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Declarant written notice of such failure,the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment,to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City's costs to the Declarant's property taxes of such repairs, to the Declarant, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Declarant outside of the portions shown on the Plan as Stormwater Facilities ("Easement Area"). It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Declarant agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Declarant expressly agrees to defend and hold the City harmless from any such third-party claim. 4. GRANT OF EASEMENT a. Declarant hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area.