Common use of Surface Water Drainage Clause in Contracts

Surface Water Drainage. The Developer hereby agrees: 1. To construct, install, furnish, and provide adequate facilities for storm and surface water drainage throughout the entire Subdivision and grading plan, in accordance with the plans and specifications on file in the City Clerk’s office and all applicable Federal, State, and City ordinances, specifications, regulations and guidelines for the construction of storm and surface water drainage systems in the City and subject to the reasonable approval of the City Engineer. 2. That site grading and construction of surface and storm water drainage facilities will be completed and accepted by the City prior to any building permits being issued. 3. To provide facilities to transmit the existing surface drainage across the Subdivision which shall be designed to accommodate the anticipated storm water flows resulting from development of the adjacent properties. Developer further agrees to provide proper facilities to transmit the surface drainage from the Subdivision to a stream, waterway or dedicated easement that has adequate capacity to transmit the anticipated flows from the Subdivision and adjacent property. 4. To maintain streets free from mud and dirt from construction of the Subdivision. 5. That the City retains the right to require Developer to install additional storm and surface water drainage measures and erosion control measures as needed in accordance with generally accepted engineering standards prior to acceptance by the City of the storm and surface water drainage improvements. 6. That in consideration of Developer’s performance of the obligations of this paragraph D, the City will waive its standard storm sewer assessment for the Subdivision. 7. The City encourages the use of native plantings in the construction of the storm and surface water drainage facilities required in this paragraph D. Developer agrees to utilize to the extent reasonably possible such native plantings in a natural variety of species for such facilities subject to the review and acceptance of same by the City Engineer.

Surface Water Drainage. The Developer hereby agrees: 1. To construct, install, furnish, and provide adequate facilities for storm and surface water drainage throughout the entire Subdivision and grading plan, in accordance with the plans and specifications on file in the City Clerk’s office and all applicable Federal, State, and City ordinances, specifications, regulations and guidelines for the construction of storm and surface water drainage systems in the City and subject to the reasonable approval of the City Engineer. 2. That site grading and construction of surface and storm water drainage facilities will be completed and accepted by the City prior to any building permits being issued. 3. To provide facilities to transmit the existing surface drainage across the Subdivision which shall be designed to accommodate the anticipated storm water flows resulting from development of the adjacent properties. Developer further agrees to provide proper facilities to transmit the surface drainage from the Subdivision to a stream, waterway or dedicated easement that has adequate capacity to transmit the anticipated flows from the Subdivision and adjacent property. 4. To maintain streets free from mud and dirt from construction of the Subdivision. 5. That the City retains the right to require Developer to install additional storm and surface water drainage measures and erosion control measures as needed in accordance with generally accepted engineering standards prior to acceptance by the City of the storm and surface water drainage improvements. 6. That in consideration of Developer’s performance of the obligations of this paragraph D, the City will waive its standard storm sewer assessment for the Subdivision. 7. The City encourages the use of native plantings in the construction of the storm and surface water drainage facilities required in this paragraph D. Developer agrees agree to utilize to the extent reasonably possible such native plantings in a natural variety of species for such facilities subject to the review and acceptance of same by the City Engineer.

Surface Water Drainage. The Developer hereby agrees: 1. To construct, install, furnish, and provide adequate facilities for storm and surface water drainage throughout the entire Subdivision and grading plan, in accordance with the plans and specifications on file in the City Clerk’s office and all applicable Federal, State, and City ordinances, specifications, regulations and guidelines for the construction of storm and surface water drainage systems in the City and subject to the reasonable approval of the City Engineer. 2. That site grading and construction of surface and storm water drainage facilities will be completed and accepted by the City prior to any building permits being issued. 3. To provide facilities to transmit the existing surface drainage across the Subdivision which shall be designed to accommodate the anticipated storm water flows resulting from development of the adjacent properties. Developer further agrees to provide proper facilities to transmit the surface drainage from the Subdivision to a stream, waterway or dedicated easement that has adequate capacity to transmit the anticipated flows from the Subdivision and adjacent property. 4. To maintain streets free from mud and dirt from construction of the Subdivision. 5. That the City retains the right to require Developer to install additional storm and surface water drainage measures and erosion control measures as needed in accordance with generally accepted engineering standards prior to acceptance by the City of the storm and surface water drainage improvements. 6. That in consideration of Developer’s performance of the obligations of this paragraph D, the City will waive its standard storm sewer assessment for the Subdivision. 7. The City encourages the use of native plantings in the construction of the storm and surface water drainage facilities required in this paragraph D. Developer agrees agree to utilize to the extent reasonably possible such native plantings in a natural variety of species for such facilities subject to the review and acceptance of same by the City Engineer. 8. The City acknowledges that Lots 194 and 196 of Green’s Tenth Addition to the City of Xxxxxx currently have a storm water drainage condition along the southerly boundary lines of such lots. To address the existing storm water drainage condition, the City desires to install and construct within the utility easements located along the northerly and easterly boundary lines of Lot 44 of the Subdivision (“Lot 44”) the following public infrastructure improvements: (a) two (2) storm water inlets (the “Inlets”), and (b) associated underground storm water drainage pipes (the “Pipes”) to connect the Inlets to the storm water drainage facilities that will be installed and constructed by Developer within a portion of the utility easement located along the easterly boundary of Lot 44 pursuant to the plans and specifications for the Subdivision’s storm water system on file in the City Clerk’s office. The City further acknowledges that Developer is not responsible for resolving the existing drainage conditions. The City hereby agrees that the City will contract directly with XX Xxx (or such other contractor as shall be retained by Developer and approved by the City to install the storm water system within the Subdivision) to construct and install the Inlets and Pipe in conjunction with the construction and installation of the storm water system within the Subdivision and the City further agrees that the City will be responsible for the payment of all costs and expenses in connection with the construction and installation of the Inlets and Pipe.

Surface Water Drainage. The Developer hereby agrees: 1. To construct, install, furnish, and provide adequate facilities for storm and surface water drainage throughout the entire Subdivision and grading plan, in accordance with the plans and specifications on file in the City Clerk’s office and all applicable Federal, State, and City ordinances, specifications, regulations and guidelines for the construction of storm and surface water drainage systems in the City and subject to the reasonable thereasonable approval of the City Engineer. 2. That site grading and construction of surface and storm water drainage facilities will be completed and accepted by the City prior to any building permits being issued. 3. To provide facilities to transmit the existing surface drainage across the Subdivision which shall be designed to accommodate the anticipated storm water flows resulting from development of the adjacent properties. Developer further agrees to provide proper facilities to transmit the surface drainage from the Subdivision to a stream, waterway or dedicated easement that has adequate capacity to transmit the anticipated flows from the Subdivision and adjacent property. 4. To maintain streets free from mud and dirt from construction of the Subdivision. 5. That the City retains the right to require Developer to install additional storm and surface water drainage measures and erosion control measures as needed in accordance with generally accepted engineering standards prior to acceptance by the City of the storm and surface water drainage improvements. 6. That in consideration of Developer’s performance of the obligations of this paragraph D, the City will waive its standard storm sewer assessment for the Subdivision. 7. The City encourages the use of native plantings in the construction of the storm and surface water drainage facilities required in this paragraph D. Developer agrees to utilize to the extent reasonably possible such native plantings in a natural variety of species for such facilities subject to the review and acceptance of same by the City Engineer.