Common use of Responsibility for Operation and Maintenance Clause in Contracts

Responsibility for Operation and Maintenance. No portion of the Stormwater Facility (Parcel A) may be altered, in any way, by a Property Owner without the prior written consent of the City Engineer of the City of . The Property Owners of Lots _ through _, inclusive, shall contribute equally to the costs to Maintain the Stormwater Facility (Parcel A) in first class operating condition, and in compliance with all applicable state, county and city laws and regulations except that all costs of Maintaining the Stormwater Facility which are the result of the negligent act or willful action of a Property Owner or the Property Owners invitees shall be borne by that Property Owner. Applicable regulations include, but are not limited to, the City-approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time. A Property Owner who causes the Stormwater Facility to be Maintained is entitled to and has a right of contribution from the other Property Owners of the other Lots which shall be appurtenant to the Lot and shall pass to the successor(s) in interest of the Property Owner entitled to contribution. No Property Owner may Maintain the Stormwater Facility without first obtaining the written consent of the Property Owners of at least (_) other Lots. Such consent shall not be unreasonably withheld. In the absence of such an agreement by (_) of the Lot Owners on the Property Owner who will Maintain the Stormwater Facility, the Stormwater Facility shall be Maintained by the Property Owner of Lot _. The Property Owner shall engage a landscape contractor or other licensed contractor to maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility. If a dispute should arise between the Property Owners of the Lots as with respect to the necessity for or standard of maintenance for the Stormwater Facility, the contractor(s) to be engaged to perform any repair or maintenance work, or any other matters pertaining to the operation or maintenance of the Stormwater Facility the dispute shall be submitted to the City Engineer for arbitration, and the decision of the City Engineer shall be final. If any Property Owner refuses to comply with the decision of the City Engineer, the other Property Owners may proceed to enforce the decision in an action at law.

Responsibility for Operation and Maintenance. No portion of the Stormwater Facility (Parcel A) fronting Lots 1 to 30 may be altered, in any way, by a Property Owner without the prior written consent of the City Engineer of the City of Oakley. The Property Owners of Lots _ 1 through _30, inclusive, shall contribute equally to the costs to Maintain the Stormwater Facility (Parcel A) fronting each Lot in first class operating condition, and in compliance with all applicable state, county and city laws and regulations except that all costs of Maintaining the Stormwater Facility which are the result of the negligent act or willful action of a Property Owner or the Property Owners invitees shall be borne by that Property Owner. Applicable regulations include, but are not limited to, the City-approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time. A Property Owner who causes the Stormwater Facility to be Maintained is entitled to and has a right of contribution from the other Property Owners of the other Lots Lots, which shall be appurtenant to the Lot and shall pass to the successor(s) in interest of the Property Owner entitled to contribution. No Property Owner may Maintain the Stormwater Facility without first obtaining the written consent of the Property Owners of at least (_) other affected Lots. Such consent shall not be unreasonably withheld. In the absence of such an agreement by (_) of the affected Lot Owners on the Property Owner who will Maintain the Stormwater Facility, the Stormwater Facility shall be Maintained by each of the Property Owner of Lot _Owners. The Property Owner shall engage a landscape contractor or other licensed contractor to maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility. If a dispute should arise between the Property Owners of the Lots as with respect to the necessity for or standard of maintenance for the Stormwater Facility, the contractor(s) to be engaged to perform any repair or maintenance work, or any other matters pertaining to the operation or maintenance of the Stormwater Facility the dispute shall be submitted to the City Engineer for arbitration, and the decision of the City Engineer shall be final. If any Property Owner refuses to comply with the decision of the City Engineer, the other Property Owners may proceed to enforce the decision in an action at law.

Responsibility for Operation and Maintenance. No portion of the Stormwater Facility (Parcel A) may be altered, in any way, by a Property Owner without the prior written consent of the City Engineer of the City of ______. The Property Owners of Lots _ through _, inclusive, shall contribute equally to the costs to Maintain the Stormwater Facility (Parcel A) in first class operating condition, and in compliance with all applicable state, county and city laws and regulations except that all costs of Maintaining the Stormwater Facility which are the result of the negligent act or willful action of a Property Owner or the Property Owners invitees shall be borne by that Property Owner. Applicable regulations include, but are not limited to, the City-approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time. A Property Owner who causes the Stormwater Facility to be Maintained is entitled to and has a right of contribution from the other Property Owners of the other Lots which shall be appurtenant to the Lot and shall pass to the successor(s) in interest of the Property Owner entitled to contribution. No Property Owner may Maintain the Stormwater Facility without first obtaining the written consent of the Property Owners of at least ____ (_) other Lots. Such consent shall not be unreasonably withheld. In the absence of such an agreement by ____ (_) of the Lot Owners on the Property Owner who will Maintain the Stormwater Facility, the Stormwater Facility shall be Maintained by the Property Owner of Lot _. The Property Owner shall engage a landscape contractor or other licensed contractor to maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility. If a dispute should arise between the Property Owners of the Lots as with respect to the necessity for or standard of maintenance for the Stormwater Facility, the contractor(s) to be engaged to perform any repair or maintenance work, or any other matters pertaining to the operation or maintenance of the Stormwater Facility the dispute shall be submitted to the City Engineer for arbitration, and the decision of the City Engineer shall be final. If any Property Owner refuses to comply with the decision of the City Engineer, the other Property Owners may proceed to enforce the decision in an action at law.