2008/03/19 Council Agenda Packet

5 F. WHEREAS, the drainage of the Swale is sustained by a City owned pump station ("Lift Station") located on City property (Lot 1 at the north-end of the Swale) and said Lift Station operation is designed to pump stormwater from the Swale directly to the POTW; and G. WHEREAS, the Parties desire that they each manage the stormwater on their respective properties, that the City to own and operate the Tightline and Lift Station to convey the stormwater from the properties to the POTW subject to an equitable cost sharing arrangement for capital, operation and maintenance expenses. H. WHEREAS, the Parties wish to provide the option for each Party to perform maintenance on its own facilities and/or for one Party to perform maintenance services on the other party's facilities subject to cost reimbursement. I. WHEREAS, the provisions of this Agreement will contribute to economic development and protection of the environment, public safety, and is in the public interest. NOW, THEREFORE, for good and valuable consideration acknowledged and received, the Parties agree as follows: AGREEMENT 1. Maintenance of Stormwater Facilities 1.1 Property Stormwater Collection and Conveyance Each Party will be responsible for managing the quality and quantity of water being conveyed into the existing Swale and future Tightline (collectively, "Conveyance Facility") and for maintaining all drainage facilities within its property boundaries, including ditches, pipes, catch basins and other conveyances that drain into the Conveyance Facility. The boundary demarcation for each Party's stormwater facilities is the eastern-most property boundary of Lots 3 and 5, or as set by the Management Committee established under Section 5 of this Agreement("Management Committee"). Each Party agrees to provide maintenance of its stormwater facilities so as to not impede or prevent operations and maintenance of the other party's stormwater facilities. 141 2