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sewage systems on the Property under the Lease, subject to Developer's obligations <br /> under this Agreement, and Developer understands and acknowledges that Developer <br /> is ultimately responsible and accountable to the City for any and all obiigations under <br /> this Agreement ; and <br /> F. The City is the permittee public agency with jurisdiction over the Property; <br /> and <br /> G. The Property Owner r�ecognizes 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 weffare 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 Properky; and <br /> I. The City's Stormwater Management Ordinance, Stormwater related <br /> guidelines, criteria and other written directions (°Cit�r Stormwater Regulations") require that <br /> the stormwater tr+eatment measure(s), as shown on the approved Site Plan, be constructed <br /> and maintained by the Property Owner. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the benef'�t 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 spec�cations 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 /> 2. Operation 8� Maintenance Responsibilitv. This Agreement shall serve as the <br /> signed statement by the Property Owner aceepting 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 the Property is <br /> legally transferred to another person or entity, the Property Owner shall provide to the <br /> City at least one of the following: <br /> a. Written conditions in the sales or lease agreement requiring the buyer ar <br /> lessee to assume responsibility for operation and maintenance (08�M) consistent with <br /> this provision, which conditions, in the case of purchase and sale agreements, shall be <br /> written to survive beyond the close of escrow; or <br /> b. Any other legally enforceable agreement or mechanism that assigns <br /> responsibility for the maintenance of treatment measures. <br /> REV:02-20-15 VR <br /> Page 2 of 9 <br /> ATTY/AGR2015.035/SunCap Redwood LLC(STMMA) <br />