RecDoc 2017-028221 - Laserfiche WebLink

Browse Search

measures that are to be located or to be constructed on the Property, hereinafter referred to as the "Site Plan" which includes all stormwater treatment measures previously identified in the Original Agreement; and G. Attached hereto as Exhibit "C" and incorporated herein by this reference, is an "Inspection and Maintenance Checklist" which describes the Property Owner's maintenance activities to be performed pursuant to this Agreement; and H. The City is the permittee public agency with jurisdiction over the Property; rim I. The Property Owner recognizes that the stormwater treatment measure(s) more particularly described and shown on Site Plan, of which full-scale plans and any amendments thereto are on file with the Engineering & Construction Services of the City of Redwood City must be installed and maintained as indicated in this Agreement and as required by the NPDES Permit or other regulatory agencies having jurisdiction; and J. The City and Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan be constructed and maintained on the Property; and K. The City's Stormwater Management Ordinance, Stormwater related guidelines, criteria and other written directions ("City Stormwater Regulations") require that the stormwater treatment measure(s), as shown on the approved Site Plan, be constructed and maintained by the Property Owner; and L. Property Owner and City hereby amend and restate the Original Agreement as follows and from and after the Effective Date, the Original Agreement shall be void and of no further force or effect. AGREEMENT NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City's approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: 1. Construction of Treatment Measures. The on-site Stormwater treatment measure(s) shown on the Site Plan shall be constructed in strict accordance with the approved plans and specifications identified for the Property and any other requirements thereto which have been approved by the City in conformance with City Stormwater Regulations. 2. Operation & Maintenance Resoonsibilitv. This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the City at least one of the following: a. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (O&M) consistent with REV! 02-03-17 JS Page 2 of 7 ATTY/AGR.AGR.2015.123/BMR - Bay LP - STMMA