Private ownership of regional storm water facilities will require a recorded regional storm water facility agreement with CVWD defining operation and maintenance responsibilities. The matters to be addressed in such an agreement shall include, but are not limited to, the following:
A. That upon the transfer of the ownership of the regional storm water facilities, the operation and maintenance obligations of the developer shall be assumed by the successor.
B. CVWD will be granted a flooding easement for the discharge and conveyance of storm water flows through the development.
C. The developer and successor will seek neither damages nor indemnity from CVWD based on or related to the design of the regional storm water facilities.
D. CVWD shall have the right of entry upon the real property on which the regional storm water facilities are located to inspect such areas and facilities to determine compliance with CVWD standards. In the event of noncompliance, CVWD may issue a notice of noncompliance which describes the nature of the noncompliance and specifies a period of time within which developer or successor must correct the noncompliance. In the event the noncompliance has not been satisfactorily corrected, CVWD may enter upon the real property on which the regional storm water facilities are located to make corrections which are necessary, expedient or convenient to eliminate the noncompliance, at the cost of developer or successor. (Ord. 1234.2 § 6, 2017)