3429 15TH ST 2018-02-23 - Laserfiche WebLink

a. Grantor's System is and will be the property of the Grantor. Except as provided in Section 7 of this Agreement, the Grantor shall, at its sole cost, operate and maintain Grantor's System in accordance with all applicable laws and permits. b. The Stormwater Facilities are and will be property of the City. The City shall, at its sole cost, operate and maintain the Stormwater Facilities in accordance with all applicable laws and permits, including implementation of activities required under Special Condition SS of the Phase II Western Washington Municipal Stormwater Permit or described in the City's Stormwatei• Management Program as they relate to the Stormwater Facilities or the Service Area. c. The Urantor shall have the right to inspect ihe Stormwater Facilities, but shall have no obligation to operate or maintain the Stormwater Facilities. 5 Limitation on Service Area. The City shall not directly or indirectly expand the area tributary to and discharging to the Grantor's System beyond the Service Area. 6 Term. Unless earlier terminated by mutual agreement of the parties or as provided below, this Agreement shall remain in full force and effect until such time as the City extends storm sewer service to the Service Area. Discharge of stormwater through the Stormwater Facilities to the Grantor's System is subject to local, state, and federal water quality laws, regulations and permits. If Grantor is notified that or determines that the addition of the City's stormwater to the Grantor's System results in an actual or potential violation of local, state, or federal law, Grantor will so notify the City. In the event of such actual or potential violation, the parties will reconvene to determine how to resolve or prevent the violation, which may include changes to the Grantor's System or the operation thereof, subject to Section 7 of this Agreement, or Urantor's early termination of this Agreement. 7 Allocation of Costs for Stormwater Mana 7ei� a. Construction. The Grantor shall be responsible for costs to construct the Stormwater Facilities and Grantor's System. b. Routine Operation and Maintenance. As provided in Section 4 of this Agreement, the parties shall each be responsible for routine operation and maintenance of their own facilities and for all costs associated with such routine operation and maintenance. c. Additional Costs. In the event that the addition of the City's stormwater to the Grantor's System results in additional costs to the Grantor to comply with local, state, or federal laws, the City shall be solely responsible for such additional costs. Activities that may result in additional costs include, but are not limited to, dcsign, procurement, installation and maintenance of stormwater treatment facilities different irom or in addition to Grantor's Facility (L�,xhibit �3), or additional monitoring, maintenance or cleanup activities resulting from the addition of�the City's stormwater to the Urantor's System. I ��