Resolution 2024-58 - Need signatures Matt Post

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(b) All stormwater facilities for the Development shall be constructed by Developer according to plans and specifications approved by the City prior to the commencement of construction. All stormwater facilities owned by Developer will be operated and maintained by Developer and its successors in title, at no expense to the City. Such maintenance shall include but not be limited to, repair and replacement of detention pond structures, mowing, control of weeds, removal of trash and debris, and other activities necessary to keep the stormwater facilities in proper working order. The Developer shall execute a Stormwater Best Management Practices (BMP) agreement for such facilities consistent with the requirements of the Louisville Municipal Code (Section 13.36.160) prior to Construction Acceptance. (c) The City shall have the right but not the obligation, in its sole discretion, to maintain the improvements and facilities required to be maintained by Developer pursuant to subsections (a) and (b) above. If Developer fails to adequately maintain the improvements or facilities and, within fourteen (14) days after the date of written notice from City, fails to correct the maintenance problem, or fails to begin to clean, cure or correct such problem within fourteen (14) days if such problem cannot be reasonably cleaned, cured or corrected within fourteen (14) days, and fails to diligently prosecute such cleaning, cure or correction to completion, then City may do so at Developer's expense, and the City, its employees, agents and contactors shall have the right to enter, over, through and across the properties upon which such facilities are located for purposes of exercising the City's rights hereunder. Notwithstanding the foregoing, the City may, in the event of an emergency, as determined by the City in its sole discretion, clean, cure or correct any damage or condition caused by Developer's failure to adequately maintain the improvements or facilities. Developer shall reimburse the City for the cost of such maintenance. If Developer fails to reimburse the City for the cost of such maintenance, within thirty (30) days after receipt of an invoice from the City describing the corrective or maintenance action taken, the unpaid amount shall constitute a lien upon the property where the work occurred until paid in full, with priority over all other liens, except general tax liens, and which lien shall be certified to the County treasurer and collected in the same manner as other liens are collected. Developer further agrees that the City may also pursue any and all other remedies available at law or in equity. 2.7 Trash, Debris, Mud. Developer agrees that during construction of the Development and improvements described herein, Developer shall take any and all steps necessary to control trash, debris and wind or water erosion in the Development. If the City determines that said trash, debris or wind or water erosion causes damage or injury or creates a nuisance, Developer agrees to abate said nuisance and/or to correct any damage or injury within five working days after notification by City. If Developer does not abate said nuisance or if an emergency situation exists, to be determined by the City in its sole discretion, the City may abate the nuisance and/or correct any damage or injury without notice to Developer at Developer's expense. Developer also agrees to take any and all reasonable steps designed to prevent the transfer of mud or debris from the construction site onto public rights -of -way and to immediately remove such mud and debris from public rights -of -way after notification by the City. If Developer does not abate, or if an emergency exists, City may abate at Developer's expense.