05-24-1999 Council Packet - Laserfiche WebLink

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STORMWATER FACILITY MAINTENANCE AGREEMENT Tliis maintenance agreement is made this 18ih day of April. 1997. by and between Kingsbridge Properties. Inc., hereinafter referred to as ‘'Applicant/' and the Minndialia Creek Watershed District, hereinafter referred to as “MCWD,” to provide for the malr.icnancc of the stonnwater facilities constructed pursuant to Minnehaha Creek Wc.ershed District permit a|)plication number__________ W1-IERE.AS, Applicant has applied for a pennii from the MCWD pursuant to MCWD Rule B, application anached hereto as'Attachment 1; and *. WHERE.AS, the property which is the subject of this Agreement is legally described in Attachment 2 to this Agreement; and WHEREAS, MCWD Rule B provides, “A maintenance agreement shall be submitted for: storm water treatment ponds, outlet structures for such ponds, culverts, outfall structures and all oilier stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parlies for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Acreement Form.” NOW, THEREFORE IT IS MUTU.ALLY AGREED by and berv,'cen the parties. 1. .Applicant shall inspect the stormwater retention and treatment basin(s) at a minimum of once a year to determine if the basin’s retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate if sediment has decreased the 'vet storage volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout. Applicant shall restore the basin(s) to its original design contours within one year of the inspection date. 2. Applicant shall inspect the grit chambers, sump catch basins sump manholes, outlet structures, culvens, outfall structures or other stormwater facilities for the project in tlie spring and fall of each year. Applicant shall remove all sediment and debris during the inspections such that the stormwater facilities operate as designed and permined. 3. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCVT) permit for the project for w'hich the MCWD may lake action against Applicant. 4. This Agreement is binding on the Applicant and the Applicant’s representatives, heirs, successors and/or assigns. In the event of a sale of the twelve (12) developed lots for the purpose of development of the propert)’ subject to this Agreement, this .Agreement may be assigned to the purchaser and Applicant shall have no further obligations arising out of this Agreement.