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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 /> 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 /> 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. Upon transfer of the <br /> responsibility to another person or entity as set forth in this paragraph, the Property <br /> Owner shall have no further responsibilities and shall be released from all obligations <br /> under this Agreement. Before the Property is legally transferred to another person or <br /> entity, the Property Owner shall provide to the City at least one of the following: <br /> a. Written conditions in the sales or lease agreement requiring the buyer or <br /> lessee to assume responsibility for operation and maintenance (O&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. 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 /> c. Any other legally enforceable agreement or mechanism that assigns <br /> responsibility for the maintenance of treatment measures. <br /> REV: 08-23-16 VR <br /> Page 2 of 8 <br /> ATTY/AGR.2016.231/849 Veterans RWC, LLC - STMMA <br />