DECLARATION OF COVENANTS AND AGREEMENT FOR MAINTENANCE OF STORMWATER FACILITIES. In order to provide stormwater management and control, to meet the City’s stormwater permitting requirements, City Code and state law and regulations, as applicable, and to promote the water quality and volume control to the City's stormwater system and water bodies, the Developer and the City agree that it is reasonable for the City to require the Developer to construct, inspect, operate, repair, maintain and replace, at the Developer’s cost and expense, permanent storm water control facilities in the form of stormwater detention pond(s). Stormwater runoff from the site will be conveyed overland and via storm sewer to the detention facilities. Runoff will be released from the detention via a multi-stage outlet and conveyed south eventual draining to an existing creek. Pursuant to City Code, the City and Developer shall enter into an agreement on a form acceptable to the City and containing terms and conditions as required by the City setting forth, in a recordable instrument, an agreement to establish covenants and declarations upon the Development Property for the installation of and ongoing operation, repair, maintenance and replacement of such stormwater facilities as required by applicable City Code and law at the Developer’s and the Developer’s successors’ and assigns’ cost and expense.
DECLARATION OF COVENANTS AND AGREEMENT FOR MAINTENANCE OF STORMWATER FACILITIES. In order to provide stormwater management and control, to meet the City’s stormwater permitting requirements, City Code and state law and regulations, and to promote the water quality and volume control to the City's stormwater system and water bodies, including but not limited to the Xxxxxx River, the Developer and the City agree that it is reasonable for the City to require the Developer and all subsequent owners of the Development Property to construct, inspect, operate, repair, maintain and replace, at the Developer’s cost and expense, City required stormwater facilities. Prior to commencement of construction of the Project and pursuant to City Code, the City and Developer shall enter into an agreement on a form acceptable to the City and containing terms and conditions as required by the City setting forth, in a recordable instrument, an agreement to establish covenants and declarations upon the Development Property for the installation of and ongoing operation, repair, maintenance and replacement of such stormwater facilities as required by applicable City Code and law at the Developer’s and the Developer’s successors’ and assigns’ cost and expense.
