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<br />ATTY/AGR/FORM STMMA AGREEMENT <br />Rev: 03-06-14 VR <br />Page 2 of 9 <br />G. The Property Owner recognizes that the stormwater treatment measure(s) <br />more particularly described and shown on Site Plan, of which full-scale plans and any <br />amendments thereto are on file with the Engineering & Construction Services of the City of <br />Redwood City must be installed and maintained as indicated in this Agreement and as <br />required by the NPDES Permit or other regulatory agencies having jurisdiction; and <br />H. The City and Property Owner agree that the health, safety and welfare of the <br />citizens of the City require that the stormwater treatment measure(s) detailed in the Site <br />Plan be constructed and maintained on the Property; and <br />I. The City’s Stormwater Management Ordinance, Stormwater related <br />guidelines, criteria and other written directions (“City Stormwater Regulations”) require that <br />the stormwater treatment measure(s), as shown on the approved Site Plan, be constructed <br />and maintained by the Property Owner. <br /> <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the benefit received by the Property Owner <br />as a result of the City’s approval of the Site Plan, the Property Owner hereby covenants <br />and agrees with the City as follows: <br />1. Construction of Treatment Measures. The on-site Stormwater treatment <br />measure(s) shown on the Site Plan shall be constructed by the Property Owner in strict <br />accordance with the approved plans and specifications identified for the Property and any <br />other requirements thereto which have been approved by the City in conformance with City <br />Stormwater Regulations. <br /> <br />2. Operation & Maintenance Responsibility. This Agreement shall serve as the <br />signed statement by the Property Owner accepting responsibility for operation and <br />maintenance of stormwater treatment measures as set forth in this Agreement until the <br />responsibility is legally transferred to another person or entity. Before ownership of the <br />Property is legally transferred to another person or entity, the Property Owner shall <br />provide to the City at least one of the following: <br /> <br />a. Written conditions in the sales agreement requiring the buyer to assume <br />responsibility for operation and maintenance (O&M) consistent with this provision, which <br />conditions, in the case of purchase and sale agreements, shall be written to survive <br />beyond the close of escrow; or <br /> <br />b. Written text in project conditions, covenants and restrictions (CC&Rs) for <br />residential properties assigning O&M responsibilities to the home owners association for <br />O&M of the treatment measures; or <br /> <br />c. Any other legally enforceable agreement or mechanism that assigns <br />responsibility for the maintenance of treatment measures. <br /> <br />d. Following the legal transfer of the property and the satisfaction of one of <br />the foregoing conditions, the transferring Property Owner shall be released from its <br />obligations under this Agreement without the requirement of any further action by any <br />party. <br />7.1.D. - Page 7