HomeMy WebLinkAboutAppendix K: Example Agreement
Appendix K
Example Agreement
(regarding Storm Water Management Practices Water Quality Treatment Pond)
EXAMPLE AGREEMENT
(REGARDING STORMW A TER MANAGEMENT PRACTICES
WATER QUALITY TREATMENT POND)
I. THIS AGREEMENT made this day of ----y 200_ by and among the City of S1. Joseph,
Minnesota (hereinafter referred to as the "City") and, , a corporation
(hereinafter referred to as " ") with reference to the following facts and
circumstances:
A. (*)
the City of
(Legal)
(*) CAPS
referred to as the "Subject Property").
is the fee owner of certain real property situated in
, legally described as follows:
(
) (hereinafter
B. As a condition of its approval of the development for the Subject Property, the City of S1. Joseph has
required that the parties hereto enter into an agreement, which makes provision for the maintenance
of the Stormwater Management Practice located within the boundaries of the Subject Property as the
same is described and depicted in those certain construction plans drawn by
, approved by the City and constructed by
. The Stormwater Management Practice is located in the platted
drainage and utility easement in
C. The parties hereto desire to set forth their agreement with respect to the maintenance of the
Stormwater Management Practice and the costs of such maintenance.
II. NOW THEREFORE, in consideration ofthe foregoing facts and circumstances, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
A. For the purposes of this Agreement, maintenance of the Stormwater Management Practice
shall mean the annual inspection and certification by a qualified individual that the pond is
functioning in accordance with the approved plans and, if necessary, the periodic dredging of
the silt buildup in the Stormwater Management Practice as necessary to maintain function, as
established for the Stormwater Management Practice in the construction plans and to
maintain the proper operation of the treatment function of the Stormwater Management
Practice.
B. (*) shall be solely responsible for
the maintenance of the Stormwater Management Practice, and shall bear all costs of such
maintenance, until such time as (hereinafter referred to as the
"Association") is activated pursuant to Article Section
, of the Declaration of Covenants for ,
whereupon the Association shall bear the sole responsibility for such maintenance and shall
bear all costs of such maintenance. If (*) , or after its incorporation,
the Association, does not undertake the necessary maintenance within 30 days of notification
by the City, or within 30 days provide the City with a schedule for undertaking the necessary
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maintenance, the City may undertake such maintenance, and the costs reasonably incurred by
the City for performing such maintenance shall be reimbursed to the City within 30 days by
the party responsible for such maintenance and, if the responsible party does not timely
reimburse the City, then the City may recover its costs by levying a special assessment
against all single family house lots in the Subject Property, each lot to bear an equal share.
C. (*) , as present owner of the Subject Property, for
itself and respective successors and assigns, hereby waives any statutory right which it may
have to contest any such assessment by the City of its maintenance costs on the basis of the
benefit to portions of the Subject Property.
D. Notwithstanding anything contained in this Agreement to the contrary, in the event the city
shall establish a policy for maintenance by the City of Stormwater Management Practices
located elsewhere in the City of S1. Joseph, Minnesota under which policy the costs of such
maintenance are to be paid either out of general City revenues or by collection of utility or
service fees or charges, then any owner of any portion of the Subject Property shall be
entitled to petition the City for the inclusion of the Stormwater Management Practice under
such maintenance program, and the City shall consent to such request and thereupon
authorize the termination of this Agreement. The recording of a certified copy of the
Resolution of the City Council of the City which sets forth the consent and authorization
described in the foregoing sentence shall serve the terminate this Agreement, without further
action on the part of any party hereto.
E. The terms and conditions of this Agreement shall be binding upon, and shall insure to the
benefit of, the parties hereto and their respective successors and assigns.
III. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of
the day and year first above written.
THIS INSTRUMENT DRAFTED BY
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St. Joseph, Minnesota
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