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6.1 .A. - Page 40 <br /> maintenance activities to be performed pursuant to this Agreement; and <br /> G. The City is the permittee public agency with jurisdiction over the Property; <br /> and <br /> H. The Developer recognizes that the stormwater treatment measure(s) more <br /> particularly described and shown on Site Plan, of which full-scale plans and any <br /> amendments thereto are on file with the Engineering &Transportation Division 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 /> 1. The City and Developer 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 /> J. The Citys 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 Developer. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the benefit received by the Developer as a <br /> result of the City's approval of the Site Plan, the Developer hereby covenants and agrees <br /> with the City as follows: <br /> 1. Construction of Treatment Measures. The on-site Sto �water treatment <br /> measure(s) shown on the Site Plan shall be constructed by the Developer 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 Developer 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 the Property is <br /> legally transferred to another person or entity, the Developer shall provide to the City at <br /> 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:08-31-17 VR <br /> Page 2 of 12 <br /> ATTY/AGR.2017.203/Lane Partners, LLC-STMMA <br />