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Airport 100 LLC 3/30/2022
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Airport 100 LLC 3/30/2022
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Last modified
4/15/2022 2:54:35 PM
Creation date
4/15/2022 2:54:21 PM
Metadata
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Template:
Contracts
Contractor's Name
Airport 100 LLC
Approval Date
3/30/2022
Department
Public Works
Department Project Manager
Cindy Cullen
Subject / Project Title
Storm Easement/Public Discharge Agreement
Tracking Number
0003299
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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of the Property Discharge Area is as required by applicable laws, regulations and permits. <br /> C. "Private Stormwater Facility" includes all Property improvements and <br /> portions of the Property necessary to convey, store, detain,treat or otherwise receive <br /> stormwater discharge and runoff from the Property Discharge Area and the Public Discharge <br /> Area. <br /> 2. Grant of Easement. Grantor hereby grants and conveys to the City a perpetual <br /> and assignable easement over, across, along, in, upon and under the Property, allowing <br /> stormwater from the Public Discharge Area to discharge and runoff into the Private Stormwater <br /> Facility. Grantor acknowledges and agrees that Grantor similar to all landowners has <br /> obligations under applicable law to accept runoff from neighboring properties, and accordingly <br /> the easement granted herein may not be strictly necessary. However, for the purposes of <br /> avoiding any doubt, Grantor is nevertheless granting the easement so that parties have clarity <br /> on the rights of the City to have stormwater from the Public Discharge Area discharge and <br /> runoff into the Private Stormwater Facility. <br /> 3. Maintenance and Operation of Private Stormwater Facility. As long as this <br /> Agreement is in effect, Grantor shall at Grantor's sole cost construct, operate, repair, replace <br /> and maintain the Private Stormwater Facility as necessary (A)to receive stormwater discharge <br /> and runoff from the Public Discharge Area, and (B) to convey,treat, store or detain all such <br /> stormwater discharge and runoff in accordance with all applicable laws, regulations and <br /> permits. This obligation includes without limitation: <br /> A. Design and construction of the Private Stormwater Facility in accordance <br /> with all applicable law and permit requirements, including, for example, correctly designing the <br /> size and scope of the Private Stormwater Facility necessary to receive discharge and runoff <br /> from both the Property Discharge Area and the Public Discharge Area. <br /> 3 <br />
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