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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 />I. 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 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 Developer. <br />AGREEMENT <br />NOW, THEREFORE, in consideration <br />result of the City's approval of the Site Plan, <br />with the City as follows: <br />of the benefit received by the Developer as a <br />the Developer hereby covenants and agrees <br />1. Construction of Treatment Measures. The on-site Stormwater 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 />