Laserfiche WebLink
WHEREAS, the Declarent desires to subject the Property to certain conditions and restrictions <br />to ensure permanent maintenance of the Improvements for the mutual benefit of the City and future <br />owners of the Property. <br />NOW, THEREFORE, Declarent makes this Declaration and hereby declares that this <br />Declaration shall constitute a covenant to run with the Property in perpetuity, and further declares that <br />the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, <br />easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons <br />owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal <br />representatives and assigns. All Improvements within the drainage and utility easements on the Property <br />requiring maintenance will be maintained in perpetuity as follows: <br />1. Maintenance. All Improvements within the drainage and utility easements on the <br />property requiring maintenance will be maintained in perpetuity as follows: <br />a. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration <br />basins and filtration basins will be maintained annually to ensure continued live <br />storage capacity at or above the design volume. Invasive vegetation, excess <br />sediment and debris will be removed as needed and healthy plant growth will be <br />maintained to ensure that the facilities continue to perform per design. <br />b. Outlet Pipe. All pipes, channels and other conveyances built to convey <br />stormwater into or out of raingardens, infiltration basins and filtration basins shall <br />be maintained in good working condition so that the Improvements are <br />performing their design function. <br />2. City Access and Maintenance Rights. The Declarent hereby grants permission to the <br />City, its authorized agents and employees, to enter upon the Property and to inspect the <br />Improvements whenever the City deems necessary. The City shall provide Declarent, its <br />successors and assigns, copies of any inspection findings and a directive to commence <br />repairs to the Improvements if necessary. In the event Declarent, its successors and assigns, <br />fails to maintain the Improvements in good working condition acceptable to the City and <br />such failure continues for 60 days after the City gives Declarent written notice of such <br />failure, the City may enter upon the Property and take whatever steps necessary to correct <br />deficiencies identified by the City. The City may charge the costs of its corrective activities <br />to Declarent, its successors and assigns. The amount so charged shall be a lien upon the <br />Property benefiting from and utilizing the Improvements maintained, repaired or <br />replaced by the City and shall be added to, become, and form part of the taxes next to be <br />assessed and levied upon the Property. It is expressly understood and agreed that the City <br />is under no obligation to routinely maintain or repair the Improvements and in no event <br />shall this Agreement be construed to impose any such obligation on the City. <br />3. Indemnification. Declarent agrees that it is, and will be, solely responsible to address <br />complaints and legal claims brought by any third party with regard to the maintenance <br />and operation of the Improvements. Declarent expressly agrees to defend and hold the <br />City harmless from any such third -party claim. This Agreement imposes no liability of <br />any kind whatsoever on the City. Declarent hereby agrees to indemnify and hold <br />