Common use of STORMWATER MANAGEMENT FACILITIES Clause in Contracts

STORMWATER MANAGEMENT FACILITIES. Tenant shall develop all required stormwater drainage and detention facilities sized, and with appropriate specifications, to manage stormwater discharges as depicted on the Phase Development Plan attached hereto as Exhibit B which shall drain into Tract A of the Short Plat and in compliance with FAA Advisory Circular 150/5200-33B. Tenant shall commission and provide the City and the Port (without warranty or liability therefor) an operations and maintenance manual for the facilities that include provisions for mitigation of wildlife hazards to Airport flight operations. Upon completion of such facilities (as evidenced by written notification from the City that it is prepared to accept dedication of the stormwater facilities), the Tract A as identified in the Short Plat shall be (and be deemed) removed from the Premises, shall no longer be subject to payment of Base Rent thereon, and either party may record notice of the amended legal description resulting from such removal. In addition, upon acceptance of such facilities by the City, the facilities shall be deeded to the City (through or on behalf of the Port if permitted and required to secure statutory bonding requirement exemption and subject to approval of a surplusing resolution by the Port Commission as required by statute) as provided by the Development Agreement. The Port shall cooperate with Tenant to facilitate the design, permitting and construction of such facilities, including, without limitation, executing applications or other instruments, necessary or appropriate, in Tenant’s reasonable discretion, in connection therewith. The Port shall not be liable for any costs associated with design or construction of the storm water management facilities required in this Section. A prorated share of the costs of the construction of the stormwater drainage and detention facilities will be part of the Cost Sharing Agreement executed concurrently herewith between the Port and Tenant under the Option Agreement (the “Cost Sharing Agreement”) which shall require the owner of future Phase 2 or 3, as benefited thereby, to reimburse Tenant for such prorated share of the costs.

STORMWATER MANAGEMENT FACILITIES. Tenant Applicant shall develop provide all required stormwater drainage necessary storm sewers, detention systems and detention facilities sized, and with appropriate specifications, to manage stormwater discharges as depicted on the Phase Development Plan attached hereto as Exhibit B which shall drain into Tract A of the Short Plat and compensatory storage (“Stormwater Management Facilities”) in compliance with FAA Advisory Circular 150/5200-33B. Tenant shall commission and provide the City and the Port (without warranty or liability therefor) an operations and maintenance manual for the facilities that include provisions for mitigation of wildlife hazards to Airport flight operations. Upon completion of such facilities (as evidenced by written notification from the City that it is prepared to accept dedication of the stormwater facilities)City‟s existing Subdivision Regulations, the Tract A as identified in the Short Plat shall be (and be deemed) removed from the Premises, shall no longer be subject to payment existing flood plain ordinance of Base Rent thereon, and either party may record notice of the amended legal description resulting from such removal. In addition, upon acceptance of such facilities by the City, the facilities shall be deeded City‟s Stormwater Management Ordinance, as amended, and all other applicable laws and regulations, as modified or amended pursuant to the City (through or terms of this Agreement. Applicant shall have the right to provide detention on behalf a Phase -by -Phase basis as the various portions of the Port if permitted Property are developed or to service multiple phases of development of the Property collectively, pursuant to a Master Stormwater Management Plan to be prepared by Owner or Applicant and required to secure statutory bonding requirement exemption and subject approved by City prior to approval of the first development phase. The Master Stormwater Management Plan shall include adequate stormwater storage for the Park District parcel. Permanent storage shall be on a surplusing resolution parcel or parcels platted exclusively for such purpose. Temporary storage may be permitted at the discretion of the City prior to establishment of permanent storage facilities. Temporary storage shall not serve more than 10% of the land area of any phase, unless otherwise agreed to by the Port Commission City Engineer. Any such temporary storage shall be located within an easement for such purpose, which easement shall terminate when temporary storage is no longer necessary, as required by statute) as provided determined by the Development City. It is the intention of the parties to construct as few permanent detention facilities as possible. In connection with the provision of Stormwater Management Facilities for portions of the Property then intended to be developed, Applicant shall have the right to locate such facilities on portions of the Property for which final approval of development plans and final engineering (other than storm water management plans for the affected portions of the Property) has not then been sought or granted, (other than Zoning Parcel D, on which no detention facilities, temporary or permanent, may be located), in which event Owner shall record such easements as are necessary for the City to exercise its rights under this Agreement. The Port All plans from time to time prepared to address storm water management issues pertaining to the Property shall cooperate with Tenant be subject to facilitate review and approval by the designCity pursuant to applicable City ordinance, permitting and construction the terms of such facilitiesthe City‟s Stormwater Ordinance, includingas amended, without limitationof which the City is the local administrator, executing applications or other instruments, necessary or appropriate, in Tenant’s reasonable discretion, in connection therewith. The Port which approval shall not be liable unreasonably denied or delayed. Unless otherwise agreed to by the City and Applicant, the Management Facilities shall be privately owned and maintained, as hereinafter provided, except for any costs associated subsurface storm sewers, structures and appurtenances located within a public utility or drainage easement which shall be owned and maintained by the City following proper completion thereof by Applicant. The Management Facilities shall be deemed completed and the stormwater permit for that particular facility issued, when the basins are constructed pursuant to final engineering specifications and detention area plantings required by the final landscape plan as approved by the City for such Phase of Development have been installed and are deemed satisfactorily established by the City., as well as compliance with design or construction the terms of the storm water management facilities required in this Section. A prorated share of the costs of the construction all terms of the stormwater drainage and detention facilities will be part of the Cost Sharing Agreement executed concurrently herewith between the Port and Tenant under the Option Agreement (the “Cost Sharing Agreement”) which permit. Nothing in this paragraph shall require Owner to construct any Stormwater Management Facilities until Owner commences development activities on the owner of future Phase 2 Property. In the event the City, the Batavia Park District or 3the Batavia School District elect to commence improvements on any parcel or parcels dedicated to such entity, as benefited thereby, to reimburse Tenant that entity shall construct any Stormwater Management Facilities required for such prorated share of the costsimprovements at its sole cost and expense.

STORMWATER MANAGEMENT FACILITIES. Tenant Applicant shall develop provide all required stormwater drainage necessary storm sewers, detention systems and detention facilities sized, and with appropriate specifications, to manage stormwater discharges as depicted on the Phase Development Plan attached hereto as Exhibit B which shall drain into Tract A of the Short Plat and compensatory storage (“Stormwater Management Facilities”) in compliance with FAA Advisory Circular 150/5200-33B. Tenant shall commission and provide the City’s existing Subdivision Regulations, the existing flood plain ordinance of the City and all other applicable laws and regulations, as modified or amended pursuant to the Port (without warranty terms of this Agreement. Applicant shall have the right to provide detention on a Phase by Phase basis as the various portions of the Property are developed or liability therefor) an operations to service multiple phases of development of the Property collectively, pursuant to a Master Stormwater Management Plan to be prepared by Owner or Applicant and maintenance manual approved by City prior to approval of the first development phase. The Master Stormwater Management Plan shall include adequate stormwater storage for the facilities that include provisions Park District parcel. Permanent storage shall be on a parcel or parcels platted exclusively for mitigation such purpose. Temporary storage may be permitted at the discretion of wildlife hazards the City prior to Airport flight operationsestablishment of permanent storage facilities. Upon completion Temporary storage shall not serve more than 10% of the land area of any phase, unless otherwise agreed to by the City Engineer. Any such temporary storage shall be located within an easement for such purpose, which easement shall terminate when temporary storage is no longer necessary, as determined by the City. In connection with the provision of Stormwater Management Facilities for portions of the Property then intended to be developed, Applicant shall have the right to locate such facilities on portions of the Property for which final approval of development plans and final engineering (other than storm water management plans for the affected portions of the Property) has not then been sought or granted, in which event Owner shall record such easements as evidenced by written notification from are necessary for the City that it is to exercise its rights under this Agreement. All plans from time to time prepared to accept dedication of address storm water management issues pertaining to the stormwater facilities), the Tract A as identified in the Short Plat Property shall be (and be deemed) removed from the Premises, shall no longer be subject to payment review and approval by the City pursuant to applicable City ordinance, which approval shall not be unreasonably denied or delayed. Unless otherwise agreed to by the City and Applicant, the Management Facilities shall be privately owned and maintained, as hereinafter provided, except for subsurface storm sewers, structures and appurtenances located within a public utility or drainage easement which shall be owned and maintained by the City following proper completion thereof by Applicant. The Management Facilities shall be deemed completed when the basins are constructed pursuant to final engineering specifications and detention area plantings required by the final landscape plan as approved by the City for such Phase of Base Rent thereon, Development have been installed and either party may record notice of are deemed satisfactorily established by the amended legal description resulting from such removalCity. Nothing in this paragraph shall require Owner to construct any Stormwater Management Facilities until Owner commences development activities on the Property. In addition, upon acceptance of such facilities by the event the City, the facilities Batavia Park District or the Batavia School District elect to commence improvements on any parcel or parcels dedicated to such entity, that entity shall be deeded to the City (through or on behalf of the Port if permitted and construct any Stormwater Management Facilities required to secure statutory bonding requirement exemption and subject to approval of a surplusing resolution by the Port Commission as required by statute) as provided by the Development Agreement. The Port shall cooperate with Tenant to facilitate the design, permitting and construction of such facilities, including, without limitation, executing applications or other instruments, necessary or appropriate, in Tenant’s reasonable discretion, in connection therewith. The Port shall not be liable for any costs associated with design or construction of the storm water management facilities required in this Section. A prorated share of the costs of the construction of the stormwater drainage and detention facilities will be part of the Cost Sharing Agreement executed concurrently herewith between the Port and Tenant under the Option Agreement (the “Cost Sharing Agreement”) which shall require the owner of future Phase 2 or 3, as benefited thereby, to reimburse Tenant for such prorated share of the costsimprovements at its sole cost and expense.

STORMWATER MANAGEMENT FACILITIES. Tenant shall develop all required stormwater drainage and detention facilities sized, and with appropriate specifications, to manage stormwater discharges as depicted on the Phase Development Plan attached hereto as Exhibit B which shall drain into Tract A consisting of the Short Plat approximately acres [fill in for each Phase] and in compliance with FAA Advisory Circular 150/5200-33B. Tenant shall commission and provide the City and the Port (without warranty or liability therefor) an operations and maintenance manual for the facilities that include provisions for mitigation of wildlife hazards to Airport flight operations. Upon completion of such facilities (as evidenced by written notification from the City that it is prepared to accept dedication of the stormwater facilities), the Tract A applicable Stormwater Tracts as identified in the Short Plat shall be (and be deemed) removed from the Premises, shall no longer be subject to payment of Base Rent thereon, and either party may record notice of the amended legal description resulting from such removal. In addition, upon acceptance of such facilities by the City, the facilities shall be deeded to the City (through or on behalf of the Port if permitted and required to secure statutory bonding requirement exemption and subject to approval of a surplusing resolution by the Port Commission as required by statute) as provided by the Development Agreement. The Port shall cooperate with Tenant to facilitate the design, permitting and construction of such facilities, including, without limitation, executing applications or other instruments, necessary or appropriate, in Tenant’s reasonable discretion, in connection therewith. The Port shall not be liable for any costs associated with design or construction of the storm water management facilities required in this Section. [A prorated share of the costs of the construction of the stormwater drainage and detention facilities will be part of the Cost Sharing Agreement executed concurrently herewith between the Port and Tenant under the Option Agreement (the “Cost Sharing Agreement”) which shall require the owner of future Phase 2 or 3, as benefited thereby, to reimburse Tenant for such prorated share of the costs.] [Delete in the Phase 2 Ground Lease form.]