The sample templates placed on this website by the Planning Department are intended to aid individuals and their attorneys in preparing documents that may be required by the Township in various situations. While the forms have been prepared to comply with the requirements generally imposed by the Township, additions and/or alterations in some situations may be necessary given the particular circumstances in each case. Additionally, these documents are provided for the reference of the drafter and the Township recommends that all documents be prepared or reviewed by an attorney. The Township expressly disclaims any liability for the use of the sample templates and expressly states that no express or implied warranty is made as to the effectiveness, validity or suitability of the language for their use in any particular situation. As always, the drafting lawyer is responsible for making all necessary modifications and to assure compliance with all applicable laws.
ATTENTION ATTENTION ATTENTION ATTENTION ATTENTION ATTENTION The Kent County Register of Deeds requires the following:
1. Documents executed in the State of Michigan after April 1, 1997 must have a margin of unprinted space at least 21/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page. 2. Signature must be original and names must be typed, stamped or printed beneath all written signatures. For your convenience, the document has been set up with a 2.5 inch top, legal paper.
STORMWATER OPERATION AND MAINTENANCE AGREEMENT
This Stormwater Operation and Maintenance Agreement (the “Agreement”) is executed this ___ day of _________, 20____, between Plainfield Charter Township, a Michigan charter township, whose address is 6161 Belmont Avenue, N.E., Belmont, Michigan 49306 (the “Township”) and ________________, a Michigan ____________, whose address is _________________, ________, Michigan 49______ (the “Developer”).
RECITALS A. The Developer is the owner of real property located in the Township the street address of which is , which is legally described on attached Exhibit A and incorporated by reference herein (the “Property”) (P.P. No. 41-10- The Property comprises approximately acres of land. Currently located on the Property is facility and a parking lot for the facility. (or vacant)
B. The Property is zoned Planned Unit Development (P.U.D.) The Developer has sought approval from the Township to
[IMPROVE THE PROPERTY BY [constructing? Subdividing? Other?] and to install [PUBLIC UTILITIES?, ACCESS DRIVES?, ETC.?] (the “Project”).
C. The Township has reviewed the proposed ____________, and, during the Township ______________________’s consideration of the Project, areas of concern were identified including the potential for soil erosion, stormwater drainage and stormwater retention.
D. Chapters __, __, and ___ of the Township’s Zoning Ordinance mandate that before a _____________ for _______ - zoned property can be approved to permit development, the Township must find that it complies with certain identified criteria.
E. Sections 2.2, 2.3, and 3.4 of the Township’s Stormwater Management Systems Ordinance require that a developer seeking Township ______________ approval must provide the Township with an operation and maintenance agreement ensuring the reasonable long-term maintenance of drainage facilities constructed in accordance with a development project.
F. The Township has reviewed the proposed _____________.
G. The Township's Engineer has indicated that the stormwater drainage facilities and systems, as detailed in the plans prepared by ______________________ and dated ___________, 200_, are adequate, provided that the Developer executes an agreement for the ongoing maintenance of the referenced stormwater drainage facilities as described and detailed in plans or easements prepared by_________________ and dated ______, 200_, which plans or drainage easements are attached hereto and incorporated by reference.
H. Following its hearing and review, the Township ______________________ conditionally approved the _____________ for the Project on ____________, 200_.
I. The Developer acknowledges and agrees that the Township relied upon the Developer’s representations and pledges made during the ________________ process in determining to approve the _________________ dated _____________, 200_ (the “___________”). To memorialize their understanding, the parties have determined to execute this Agreement.
AGREEMENT For good and valuable consideration including, but not limited to, the covenants and pledges contained herein and the Township’s willingness to forego the posting of performance guarantees to ensure construction and maintenance of the improvements described, the sufficiency of which is acknowledged, the parties agree as follows:
Section 1. Compliance with Laws, Ordinances, Permits. Developer agrees to construct, install, and operate the Project in accordance with approvals received from the Township and other governmental entities with applicable jurisdiction. In constructing the Project, Developer agrees to comply with all state and local laws, ordinances, and regulations as well as the terms of this Agreement.
Section 2. Compliance with Township Approvals. Without limiting the provisions of Section 1, the Developer agrees to construct and operate the Project in accordance with the terms and conditions adopted by the Township ____________________ for development of the Project on _______________, the Township _____________’s Report dated ______________, and the Township Engineer’s letter dated _________________, as well as the terms and conditions of this Agreement and its Exhibits.
Section 3. Alterations or changes. No alterations or changes to the stormwater systems, as defined in this Agreement, shall be permitted unless they are approved, in writing, by the Township, and any such approved changes will be deemed to comply with this Maintenance Agreement.
Section 4. Easements to be secured and recorded. The Developer, at its expense, shall secure from any affected owners of land all easements and releases of rights-of-way necessary for utilization of the stormwater systems, as defined in this Agreement, and shall record them with the Kent County Register of Deeds. These easements and releases of rights-of-way will not be altered, amended, vacated, released or abandoned without prior written approval of the Township. Shrubs, trees or permanent structures shall not be located within the easements utilized by the Developer without the prior written approval of the Township.
Section 5. Operation and Maintenance of Stormwater System. As used in this Section, “stormwater system” shall mean all stormwater systems, catch basins, storage structures, drains, leaching basins, ponds, pipes and appurtenances located on the Property including, but not limited to, all pollution-control devices utilized as part of the stormwater system, as detailed in the plans prepared by _____________, dated __________, 200_. As used herein, “maintain” or “maintenance” shall mean inspecting, cleaning out, mowing, repairing, and removing accumulated sediment, leaves, weeds, debris, and obstructions from all ponds, leach basins, pollution-control devices, or similar appurtenances of the stormwater system such that failure to maintain is likely to result in impeding the functioning of the stormwater system.
A. Operation of Stormwater System. The Developer shall at all times operate the stormwater system in a manner consistent with generally accepted stormwater management practices.
B. Maintenance of Stormwater System. Not less than annually, the Developer shall maintain the stormwater system located on the Property. In the event that stormwater facilities maintenance is not conducted, the Township's Superintendent shall notify the Developer, specifying the necessary maintenance. Within thirty (30) days of the notice, the Developer shall perform the specified maintenance at his expense. Within thirty-six (36) hours of notice, the Developer shall perform any specified emergency maintenance as may be required in the Township's notice.
C. Failure to Maintain. In the event the Developer does not operate and maintain the stormwater system as required under the terms of this Agreement, the Township shall be entitled, and is hereby expressly authorized by the Developer, to take one or more of the following actions (or any combination of the same):
(1) The Township or its agent may go onto the Property and maintain the stormwater system. Not less than ten (10) days before taking such action, the Township shall provide to the Developer and any other owners (as shown on the latest Township tax assessment roll), by first-class mail, notice of its intention. The Developer hereby grants to the Township and its agents a non-revocable license to go onto the Property to carry out the provisions of this subsection. The Township will invoice the cost of the specified maintenance, and the Developer shall pay the amount of the invoice within thirty (30) days of the Township's mailing the invoice by first class mail. If the Developer shall fail to pay the amount of the invoice, all costs, fees, or expenses incurred by the Township in maintaining the stormwater system pursuant to this subsection may be, without further notice, assessed as a lien on the Property, to be collected in the same manner as advalorem property taxes.
(2) Require the Developer to provide a letter of credit in an amount sufficient to ensure maintenance of the stormwater system, in a form satisfactory to the Township. The Developer shall provide the requested letter of credit within fifteen (15) business days of receiving such a request from the Township. The letter of credit shall provide that the payment to the Township shall be assured upon submission by the Township of notice that the Developer has not maintained the stormwater system as required by this Agreement.
Section 6. Violation of Agreement. The parties acknowledge that monetary damages for a breach of this Agreement would be inadequate to compensate the parties for the benefit of their bargain. Accordingly, the parties expressly agree that in the event of a violation of this Agreement, the non-breaching party shall be entitled to receive specific performance. Nothing herein shall be deemed a waiver of the Township’s rights to seek enforcement of this Agreement or zoning approvals previously granted, to the extent otherwise authorized by law. A violation of the terms and conditions of this Agreement by the Developer or its successors subsequent to the completion of the Project shall entitle the Township, in the event of litigation to enforce this Agreement, to receive its reasonable attorney and consulting fees incurred.
Section 7. Recording. The obligations under this Agreement are covenants that run with the land, and bind successors in title of the Developer. It is the parties’ intent that this Agreement shall be recorded with the Kent County Register of Deeds. The Developer shall be responsible for all costs associated with the recording of the Agreement.
Section 8. Miscellaneous.
A. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of the remaining provisions and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted.
B. Notices. All notices permitted or required to be given shall be in writing and sent either by mail or by personal delivery to the address first above given.
C. Waiver. No failure or delay on the part of any party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
D. Governing Law. This Agreement is being executed and delivered and is intended to be performed in the State of Michigan and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws thereof.
E. Amendment. This Agreement may only be amended in writing, signed by all parties.
The parties have executed this Agreement on the day and year first above written.
WITNESSES: PLAINFIELD CHARTER TOWNSHIP
*Please print name
STATE OF MICHIGAN)
COUNTY OF KENT )
On this ______ day of _________, 200___, before me a Notary Public, personally appeared ______________________________, the _________________________ of Plainfield Charter Township, a Michigan charter township, who, being first duly sworn, did say they signed this document on behalf of the Township.
Notary Public, Kent County, Michigan
My Commission Expires:
STATE OF MICHIGAN )
COUNTY OF KENT )
On this ______ day of _________, 200___, before me a Notary Public, personally appeared ____________________________, the ____________________________ of ________________, who, being first duly sworn, did say he signed this document on behalf of said _____________.