2013-027 Council Resolution - Laserfiche WebLink

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NOW THEREFORE, Declarant makes this declaration and hereby declares that this declaration shall constitute covenants to run with the Property, and further declares that the Property shall be owned, used, occupied, and conveyed subject to the covenants and restrictions set forth in this declaration, all of which shall be binding in perpetuity on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns, but only during the period of ownership of that right, title or interest. 1. Declarant will inspect the Facilities at least annually. 2. Declarant will maintain and repair the facilities: a. In the case of basins and other facilities where sediment collects, to preserve live storage or capacity at or above the design volume or, where no design live storage volume or capacity is incorporated into the permit, the volume or capacity recommended by the manufacturer. b. In the case of conveyances and other structures, to preserve design hydraulic capacity. c. In the case of facilities relying on soils and vegetation for stormwater management or treatment, to preserve healthy vegetation and design soil permeability. d. In the case of all facilities, as necessary to preserve the integrity and intended function of the facility. 3. Declarant will submit to the RCWD and City annually, within 30 days of the anniversary of permit issuance, a report listing inspection dates, facilities inspected, facility conditions and actions taken, and dates of actions taken. 4. If Declarant is not maintaining the stormwater treatment system in accordance with this declaration, then the RCWD and /or City may give written notice to Declarant detailing the deficiency. If the deficiency has not been corrected within twenty (20) days after receipt of this notice, or Declarant has not within that period made arrangements deemed adequate by the RCWD and /or City for the deficiency to be corrected, then either the RCWD or City, without further notice, may take steps that it deems reasonable to correct the deficiency, and may have access to the property during reasonable times for that purpose. Provided, that the RCWD or City shall provide notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. Within thirty (30) days of receipt of invoice Declarant will reimburse the RCWD and /or City for all costs incurred, including Administrative overhead and attorneys' fees, by the RCWD or City in correcting the deficiency. • • •