EXAMPLE
STORMWATER MANAGEMENT AREA MAINTENANCE PROVISIONS LOTS
THE OWNERS, ON BEHALF OF ITSELF, ITS SUCCESSORS AND ASSIGNS, AND ALL FUTURE HOLDERS OF TITLE (COLLECTIVELY, THE OWNERS) TO ANY PORTION OF LOTS OF THIS PLAT (THE PROPERTY), HEREBY COVENANTS AND AGREES WITH THE VILLAGE OF WINFIELD (THE "VILLAGE") AS FOLLOWS:
THE OWNERS OF LOT SHALL MAINTAIN, OPERATE, AND REPAIR THE PORTIONS OF THE PROPERTY IDENTIFIED ON THIS PLAT AS THE STORMWATER MANAGEMENT EASEMENT AREA ON LOT AT ALL TIMES IN A MANNER CONSISTENT WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE VILLAGE (AND UPON REQUEST, FURNISH PROOF OF COMPLIANCE THEREWITH). THE OWNERS OF LOT GRANT TO THE VILLAGE 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 THEREFORE) WHICH THE OWNER HAS FAILED TO PERFORM, IF SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE VILLAGE OF SUCH FAILURE. THE VILLAGE 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 OWNERS OF ANY PORTION OF THE PROPERTY SHALL BE JOINTLY AND SEVERALLY LIABLE FOR THE COST OF ANY MAINTENANCE SO PERFORMED BY THE VILLAGE AND SHALL PROMPTLY REIMBURSE THE VILLAGE FOR SUCH COSTS, WITH INTEREST AT STATUTORY PRE-JUDGEMENT RATE CALCULATED FROM THE DATE OF EXPENDITURE. UPON RECORDATION BY THE VILLAGE OF A CLAIM FOR REIMBURSEMENT, THE VILLAGE SHALL HAVE A FORECLOSEABLE LIEN UPON THE PROPERTY TO SECURE REIMBURSEMENT.
IN ADDITION TO OTHER REMEDIES PROVIDED FOR ABOVE, UPON OWNERS OF LOT FAILURE TO MAINTAIN THE STORMWATER MANAGEMENT EASEMENT AREAS (AFTER NOTICE WHERE REQUIRED AS AFORESAID). THE VILLAGE 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 SUCH OWNER, SUCH OWNER SHALL PAY ALL REASONABLE ATTORNEYS FEES AND COSTS OF THE VILLAGE. THE VILLAGE 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 COMPRISING LOT SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REIMBURSEMENT OF OR PAYMENT TO THE VILLAGE, 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. 2015-02-05, 2-5-2015)