OPERATION AND MAINTENANCE (O&M) AGREEMENT
STORMWATER MANAGEMENT BEST MANAGEMENT PRACTICES
(SWM BMPs)
THIS AGREEMENT, made and entered into this ____________ day of ____________, 20____, by and between __________________________, (hereinafter “Landowner”), and ________________, (hereinafter “Borough of Grove City”), Mercer County, Pennsylvania,
WHEREAS, the Landowner is the owner of certain real property as recorded in Deed Book _____ at Page _____ (hereinafter “Property”) of the Mercer County Records, Pennsylvania, and
WHEREAS, the Landowner is proceeding to build and develop the property; and
WHEREAS, the SWM Site Plan approved by the borough (hereinafter “Plan”) for the property identified herein, which is attached hereto as Addendum A and made part hereof, as approved by the borough, provides for management of stormwater within the confines of the Property through the use of SWM BMPs; and
WHEREAS, the Borough of Grove City, and the Landowner, his successors and assigns, agree that the health, safety and welfare of the residents of the borough and the protection and maintenance of water quality require that on-site SWM BMPs be constructed and maintained on the property; and
WHEREAS, the Borough of Grove City requires, through the implementation of the SWM Site Plan, that SWM BMPs as required by said Plan and the Municipal Stormwater Management Ordinance be constructed and adequately operated and maintained by the landowner, successors assigns.
NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Landowner shall construct the SWM BMPs in accordance with the plans and specifications identified In the SWM Site Plan.
2. The Landowner shall operate and maintain the SWM BMPs as shown on the Plan in good working order in accordance with the specific maintenance requirements of § 52.131, Inspection of the SWM Ordinance.
3. The Landowner hereby grants permission to the Borough of Grove City, its authorized agents, and employees, to enter upon the property, at reasonable times and upon the presentation of proper credentials, to inspect the SWM BMPs whenever necessary. Whenever possible, the Borough of Grove City shall notify the Landowner prior to entering the property.
4. In the event the Landowner fails to operate and maintain the SWM BMPs per paragraph 2, the Borough of Grove City or its representatives may enter upon the property and take whatever action is deemed necessary to maintain said SWM BMPs. It is expressly understood and agreed that the Borough of Grove City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the Borough of Grove City,
5. In the event the Borough of Grove City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials and the like, the landowner shall reimburse the Borough of Grove City for all expenses (direct and indirect) incurred within ten (10) days of receipt of invoice from the Borough of Grove City.
6. The intent and purpose of this Agreement is to ensure the proper maintenance of the on-site SWM BMPs by the Landowner; provided , however, that this Agreement shall not be deemed to create or effect any additional liability of any party for damage alleged to result from or be caused by stormwater runoff.
7. The landowner, its executors, administrators, assigns and other successors in interests, shall release the Borough of Grove City from all damages, accidents, causalities, occurrences or claims which might arise or be asserted against said employees and representatives from the construction, presence, existence, or maintenance of the SWM BMPs by the Landowner or Borough of Grove City.
8. The Borough of Grove City may inspect the SWM BMPs at a minimum of once every three years to ensure their continued functioning.
This Agreement shall be recorded at the Office of the Recorder of Deeds of Mercer County, Pennsylvania, and shall constitute a covenant running with the property and/or equitable servitude, and shall be binding on the Landowner, his administrators, executors, assigns, heirs and other successors in interests, in perpetuity.
ATTEST:
WITNESS the following signatures and seals:
(SEAL) For the Borough of Grove City:
________________________________
ATTEST: For the Landowner:
________________________________
________________ (City, Borough, Township) County of __________, State of ________ I, ________________, a Notary Public in and for the County and State aforesaid, whose commission expires on the _________ day of _________, 20_____, do hereby certify that _________ whose name(s) is/are signed to the foregoing Agreement bearing date of the _________ day of _________, 20_____, has acknowledged the same before me in my said County and State.
GIVEN UNDER MY HAND THIS _________ day of _________,20______ .
NOTARY PUBLIC ______________________________________________
(SEAL)
(1980 Code, Ch. 24, Appendix 24-B)