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RecDoc 2015 125730 STMA 718 Canyon Road_761, 763, 765 Bain Place_STMMA_11302015
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RecDoc 2015 125730 STMA 718 Canyon Road_761, 763, 765 Bain Place_STMMA_11302015
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Last modified
1/5/2016 8:10:44 AM
Creation date
11/30/2015 12:05:47 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
STMA 718 Canyon
Doc Num
2015-125730 CONF
Rec Date
11/30/2015
Address
718 Canyon Rd and 761, 763 and 765 Bain Pl.
Parties
Ernst Development Corp
MO Ref
15-159
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described and shown on Site Plan, of which frill-scale plans and any amendments thereto are on file with the <br /> Engineering & Construction Services of the City of Redwood City must be installed and maintained as <br /> indicated in this Agreement and as required by the NPDES Permit or other regulatory agencies have <br /> jurisdiction; and <br /> H. The City and Property Owner agree that the health, safety and welfare of the citizens of the <br /> City require that the stormwater treatment measure(s) detailed in the Site Plan be constructed and maintained <br /> on the Property; and <br /> 1. The City's Stonnwater Management Ordinance, stormwater related guidelines, criteria and <br /> other written directions ("City Stormwater Regulations") require that the stonnwater treatment measure(s), as <br /> shown on the approved Site Plan or comparable document, be constructed and maintained by the Property <br /> Owner. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the <br /> City's approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: <br /> 1. Construction of Treatment Measures. The on-site stormwater treatment measure(s) shown on the <br /> Site Plan shall be constructed by the Property Owner in strict accordance with the approved plans and <br /> specifications identified for the Property and any other requirements thereto which have been approved by the <br /> City in conformance with City Stomwater Regulations. <br /> 2. Operation & Maintenance Responsibility. This Agreement shall serve as the signed statement by <br /> the Property Owner accepting responsibility for operation and maintenance of stormwater treatment <br /> measures as set forth in this Agreement until the responsibility is legally transferred to another person or <br /> entity. Before the 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 /> a. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume <br /> responsibility for operation and maintenance (O&M) consistent with this provision, which conditions, in <br /> the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or <br /> b. Written text in project conditions, covenants and restrictions (CC&Rs) for residential <br /> properties assigning O&M responsibilities to the home owners association for O&M of the treatment <br /> measures; or <br /> c. Any other legally enforceable agreement or mechanism that assigns responsibility for the <br /> maintenance of treatment measures. <br /> 3. Maintenance of Treatment Measures. The Property Owner shall not destroy or remove the <br /> stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner <br /> that lessens its effectiveness, and shall, at Property Owner's sole expense, adequately maintain the <br /> stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the <br /> Site Plan. This includes all pipes, channels or other conveyances built to convey stormwater to the <br /> treatment measure(s), as well as all structures, improvements, and vegetation provided to control the <br /> quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the <br /> described facilities in good working condition so that these facilities continue to operate as originally <br /> designed and approved. The maintenance plan shall include a detailed description of and schedule for <br /> long-term maintenance activities. <br /> ATTY/AGR/2015.129/ 718 CANYON STMMA <br /> REV: 06-22-15 VR <br /> Page 2 of 7 <br />
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