10-28-2024 CC Agenda Packet - Laserfiche WebLink

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DRAFT3 232653v7 D. Reuse systems. Runoff-management systems relying on capture and reuse of stormwater (e.g., for irrigation) must be operated and maintained in accordance with the terms of the Permit, and the manufacturer’s or installer’s specifications for any proprietary equipment. E. 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 the inspection report. A stormwater runoff management facility will be considered inadequate if it is not compliant with all requirements of the Plan as approved by the City, and with all requirements of City stormwater maintenance standards. F. Reporting. Declarant will submit to the City once every five (5) years a brief written report that describes stormwater facility maintenance activities performed under this Declaration, including dates and locations of inspections, and the maintenance activities performed. Declarant shall be responsible for the payment of any associated costs. G. City Access and Maintenance Rights. Declarant hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Stormwater Facilities whenever the City deems necessary. The City shall provide Declarant, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. H. Failure to Maintain. In the event 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 to Declarant, its successors and assigns, the costs of such maintenance work performed by the City. This right to charge including assessing charges to Declarant includes the right for the City to specially assess the City’s costs to the Declarant’s property taxes of such repairs if Declarant fails to pay such costs within thirty (30) days of invoice from the City for the same. 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 Easement Area for the Stormwater Facilities. 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 Declaration be construed to impose any such obligation on the City. In addition, Declarant agrees that Declarant 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. Declarant expressly agrees to defend and hold the City harmless from any such third-party claim. 2. 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 Declaration over, on, across, under and through the Easement Area. 142