8-13-10: STORMWATER MANAGEMENT EASEMENT PROVISIONS:
Before construction of any private stormwater detention or retention facility is commenced, the owner shall grant to the City a stormwater management easement, either by plat or grant of easement. The stormwater management easement shall be subject to the prior review and approval of the City Attorney and shall be substantially in the following form:
Stormwater Management Area Maintenance Provisions
The owner, on behalf of itself, its successors and assigns, and all future holders of title (collectively, the "owner") to any portion of the property which is the subject of this plat (the "property"), hereby covenants and agrees with the city of Warrenville (the "city") as follows:
Owner shall maintain, operate and repair the portions of the property identified on this plat as the "stormwater management easement area" and shall maintain and manage all landscaping and plantings thereon at all times in a manner consistent with the plans and specifications approved by the city (and upon request, furnish proof of compliance therewith). The owner grants to the city and its designees the right of access upon, over and across the property to inspect the stormwater management easement area and to perform any maintenance of said areas (and to store equipment necessary therefor) which the owner has failed to perform, if such failure continues for thirty (30) days after written notice from the city of such failure. The city may enter upon the property and perform such work as should have been undertaken by owner without notice to owner in an emergency (e.g., where personal injury or material damage to property may be imminent). The owner shall be liable for the cost of any maintenance so performed by the city and shall promptly reimburse the city for such costs, with interest at statutory prejudgment rate calculated from the date of expenditure. Upon recordation by the city of a claim for reimbursement, the city shall have a forecloseable lien upon the property to secure reimbursement.
In addition to other remedies provided for above, upon owner's failure to maintain the stormwater management easement areas (after notice where required as aforesaid), the city shall be entitled to all remedies at law or equity to enforce this agreement, including all remedies for the abatement of a nuisance, which remedies shall be cumulative and not exclusive. If a judgment is entered against the owner, the owner shall pay all reasonable attorneys' fees and costs of the city. The city shall not be liable to owner or any party claiming through the owner for any damage caused by it in the performance of any maintenance undertaken pursuant to this agreement, unless such damage is caused by wanton or willful conduct. Failure to enforce a right granted hereunder shall not be deemed a waiver of such right or any other rights hereunder. No party shall be liable for failure to enforce the provisions hereof.
The owner reserves unto itself all rights not materially inconsistent with these provisions, including the right to improve the property and to grant easements and other rights and interests in and to said property.
The owners of any portion of the property shall be jointly and severally responsible for the reimbursement of or payment to the city, as may be required by the foregoing provisions. If title to all or any part of the property is vested in a land trust, any beneficiaries thereof shall be personally liable for all obligations imposed hereby on the "owner" of such property or portion thereof so owned.
(Ord. O2017-38, 6-19-2017)