DCPZP-2015-00854 - Laserfiche WebLink

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NOFFICIAL'COPY conform with this Agreement, the Plat, and the Management Plan. At a minimum, such management, repair and replacement activities shall include, but not be limited to: ,I (1)keeping and maintaining accurate records of installation, mowing, inspections, cleaning, maintenance, repair, and replacement of the Stormwater Management Measures; (2)Removing sediment when distance from outflow is less than 3 feet to the bottom of the pond ; (3) Removing any undesirable vegetation and volunteer tree growth, including vegetation and trees in close proximity to any outfall and the outlet structure, and restoring plant material when it needs replacing; (4) Inspecting Pond 1 and Pond 2 in the spring and fall of each year and after any 24 hour rain event totaling more than 3.5 inches; (5) mowing the ponds at least twice a year, and maintaining a minimum grass height of 6 inches; and (6) Regrading and replacement of structures as needed to maintain the integrity of the Stormwater Management Measures. The Stormwater Management Measures shall not be altered without prior written approval of the Town Engineer. No herbicides, insecticides or other toxic chemicals shall be applied within the boundaries of the detention ponds or basins. No permanent or temporary structures of any kind are permitted within or around detention basins or ponds without prior written approval of the Town Engineer. The maintenance, repair, and replacement of the Stormwater Management Measures shall be at Association's sole cost and expense. Association will conduct such maintenance, repair and replacement activities in accordance with and as required by all applicable laws, codes, regulations, ordinances, the Management Plan, the Plat, and this Agreement ("Applicable Requirements"). In the event of a conflict between provisions of the Applicable Requirements,the Association shall comply with the most stringent provision. 2. Easement to and Rights of The Town. Except in emergency situations, in the event Association fails to maintain repair, and replace the Stormwater Management Measures as required by this Agreement, then the Town shall have the right, but not the obligation, after providing the Association with written notice of the maintenance, repair or replacement issue ("Maintenance Notice") and thirty (30) days to rectify and correct the issue, to enter the Property in order to rectify and correct the issues specified in the Maintenance Notice. If the Town determines that an emergency situation exists, the Town shall have the right, but not the obligation, to immediately rectify and correct an issue with the Stormwater Management Measures without providing notice to the Association. The Town will conduct such work in accordance with the Applicable Requirements and will not unreasonably interfere with Association's or property owners' use of the Property. All costs and expenses incurred by the Town in conducting such maintenance, repair, or replacement may be charged to the owners of the Property, by placing the amount of such costs on the tax roll for the Property (and all lots in the Property) as a special charge in accordance with Section 66.0627,Wis. Stats., or pursuant to any process determined by the Town. The Association and the owners of lots in the Plat, waive any right to notice of such charge or assessment and waive any right to contest the amount or manner of the imposition of such charge or assessment. The Town's rights in this Section 2 are in addition to all other rights and remedies the Town may have at law or in equity. 3. Term/Termination. The term of this Agreement shall commence on the date that this Agreement is recorded with the Register of Deeds for Dane County, Wisconsin, and except as otherwise herein specifically provided, shall continue in perpetuity.