Eaton County Stormwater Management Maintenance Covenant for Private Storm Drain Systems

Transcription

1 Eaton County Stormwater Management Maintenance Covenant for Private Storm Drain Systems By and between:, Eaton County Drain Commissioner and Prepared by: 1045 Independence Boulevard Charlotte, MI When recorded, return to: Eaton County Drain Commissioner s Office 1

2 Stormwater Management Maintenance Covenant by and between the Eaton County Drain Commissioner and WHEREAS, the Eaton County Drain Commissioner ( Eaton County ) is the agency designated by the Eaton County Board of Commissioners to implement and oversee compliance with a Certificate of Coverage granted by the Michigan Department of Natural Resources and Environment under National Pollutant Discharge Elimination System Wastewater Discharge General Watershed Permit no. MIG610000; and WHEREAS, ( Owner ), whose address is, is the title holder of land described as tax parcel #, further described in Exhibit A, attached hereto; and WHEREAS, the Owner desires to construct certain improvements on its property which will alter the extent and configuration of storm and surface water flow conditions, including inflow from adjacent lands; and WHEREAS, the Owner has submitted a development plan to Eaton County for a project known as that includes, among other features, a system to regulate peak rates of discharge and quality of runoff water (the term "system" includes any and all components designed to regulate flow, provide storage for runoff water, remove pollutants from runoff water and increase infiltration of runoff water into the soil); and Whereas, in order to accommodate and regulate these anticipated changes in existing storm and surface water flow conditions, the Owner desires to build and maintain at its own expense, a storm and surface water management facility and system more particularly described and shown on plans titled and further identified under approval date (Exhibit B); and WHEREAS, the Owner will install the system in full compliance with all applicable laws, regulations and codes, including: Federal Water Pollution Control Act, as amended Act 451, Public Acts of 1994, as amended (all parts) Act 53, Public Acts of 1974, as amended Applicable state and local transportation agency rules Eaton County Compiled Rules for Development WHEREAS, this system includes stormwater management components shown on Exhibit B (attached). More detailed information regarding specific components, if needed, is attached as Exhibit D. AND WHEREAS, it is in the interest of the general public that the system described herein be maintained in proper working order and condition. NOW, THEREFORE, for and in consideration of the mutual covenants stated below, the parties agree as follows: A. System Design, Construction and Maintenance 1) The Owner shall be solely responsible for and will construct and perpetually maintain the system in accordance with approved designs, including associated vegetation. The Owner will provide as-built data and drawings, soil/geotechnical reports, and other certifications requested by Eaton 2

3 County in order to document compliance with approved designs and requirements set forth in the Eaton County Compiled Rules for Development published by the Eaton County Drain Commissioner. 2) Eaton County agrees to release or to the release of construction security after as-constructed plans (record plan) and other appropriate certifications, showing adequate completion of the system, have been submitted and approved. The certification shall be made by a Registered Professional Engineer and shall certify that the record plan represents the actual condition of the structure(s). When as-constructed conditions vary significantly from the approved design, appropriately revised calculations shall also be provided by the engineer. 3) The Owner agrees to provide for maintenance, both during and after construction, to keep the system in good working order acceptable to Eaton County. Such maintenance shall be continued in perpetuity unless and until this agreement shall be revised by mutual agreement of the parties. 4) The Owner will provide and document inspections in accordance with the approved Operations and Maintenance Plan (Exhibit C). The Owner agrees to perform maintenance inspections as scheduled, and also within twenty-four (24) hours after each storm runoff event exceeding the base flow rate for the site. 5) The Owner agrees that where any system is to be maintained by a homeowner's or condominium association, deed restrictions and covenants for each owner or member will include financial assurances that the system can be maintained as required by this covenant, and that the proposed language will be submitted to Eaton County for approval prior to sale of an affected lot or parcel. 6) The Parties agree that should the Owner fail to correct defects in the system within ten (10) days after issuance of a written notice by Eaton County, or shall fail to maintain the facility in accordance with the approved plan, Eaton County may enter upon the property to make all necessary repairs or conduct required maintenance. It is expressly understood and agreed that Eaton County is under no obligation to maintain or repair said system, and in no event shall this Agreement be construed to impose any such obligation on Eaton County. 7) The Owner agrees that if Eaton County performs or otherwise provides maintenance or repair to system components, the Owner will hold harmless and indemnify Eaton County with regard to damage to or destruction of personal or real property, and to reimburse Eaton County for its expenses plus ten percent (10%) of actual cost, within ten (10) working days after receiving a request for reimbursement. The Owner agrees that invoices unpaid after ten days will be subject to collection under general property tax law with interest compounded at a rate of one percent (1%) per month or as set forth in amendments to the tax law. B. System Access and Easements 1) The Owner has secured, at its own expense, all easements and releases of rights-of-way necessary for utilization and management of the storm water practices shown on Exhibit B, which easements have been or will be recorded in the Office of the Eaton County Register of Deeds. These releases shall not be altered, amended, vacated, released or abandoned without prior written approval of Eaton County. No alterations or changes to the approved storm water management practices shall be permitted unless they are deemed to comply with this Covenant and are approved in writing by Eaton County. 3

4 2) By and through this Agreement, the Owner grants to Eaton County or its agents access as may be necessary for the purpose of conducting inspections and, if deemed necessary, performing maintenance procedures that the Owner, after due notice, fails to complete. Although it will attempt to contact the Owner before entering upon the property to conduct maintenance or emergency repairs, Eaton County may, without notice and at its sole discretion, take such steps as are necessary to prevent property damage or to mitigate water quality impairment. 3) The parties agree that Eaton County, its agents, employees and contractors shall enjoy a perpetual right of ingress and egress over the property of the Owner for the purpose of overseeing management of the storm water system, and shall have the right to inspect at reasonable times and in reasonable manner, the storm and surface water facility in order to insure that the system is being properly maintained and is continuing to perform as intended. 4) The Owner agrees to promptly notify Eaton County when the Owner legally transfers any of the Owner s responsibilities for the system to another party. The Owner shall supply Eaton County with a certified copy of all documents of transfer executed by the parties as they relate to system maintenance responsibilities. 5) The Owner agrees to maintain written records of inspections and repairs for a period of three (3) years after completion, and to provide access to the same for Eaton County upon request. C. Hold Harmless and Successors in Title 1) The Owner agrees to indemnify, save harmless and defend Eaton County from and against any and all claims, demands, suits, liabilities, losses, damages and payments including attorney fees claimed or made by persons not parties to this Declaration against Eaton County that are alleged or proven to result or arise from the Owner s construction, operations, or maintenance of the system that is the subject of this Covenant. 2) The Owner agrees that the terms of this Covenant shall be binding upon the heirs, successors and assigns of the Owner, and that any subsequent Owner of the property shall be responsible for the maintenance of the system and shall hold Eaton County harmless from any loss, damage, injury, cost or other claim resulting from the operation of the subject system. The rights, obligations and responsibilities herein shall commence upon execution of this Covenant by the parties. The provisions of this Declaration shall be severable and if any phrase, clause, sentence or provisions is declared unconstitutional, or the applicability thereof to the Owner is held invalid, the remainder of this Covenant shall not be affected thereby. The parties whose signatures appear below hereby represent and warrant that they have the authority and capacity to sign this agreement and bind the respective parties hereto. 4

5 Date: by:, Date: Eaton County Drain Commissioner STATE OF MICHIGAN ) )ss. COUNTY OF ) On this day of, 20, before me, a Notary Public in and for said County, personally appeared, to me known to be the person described in and who executed the foregoing instrument and acknowledged the same to be free act and deed., Notary Public State of Michigan, County of My Commission Expires: Acting in the County of STATE OF MICHIGAN ) )ss. COUNTY OF ) On this day of, 20, before me, a Notary Public in and for said County, personally appeared, to me known to be the person described in and who executed the foregoing instrument and acknowledged the same to be his free act and deed., Notary Public State of Michigan, County of My Commission Expires: Acting in the County of Attachments Exhibit A: Legal description of property Exhibit B: Location map and approved site plan Exhibit C: Operations and maintenance plan Exhibit D: System components identified and described (may be included in Exhibit B or C) 5