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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 />3. Maintenance of Treatment Measures. The Property Owner shall not destroy or <br />remove the stormwater treatment measures from the Property nor modify the stormwater <br />treatment system in a manner that lessens its effectiveness, and shall, at Property <br />Owner's sole expense, adequately maintain the stormwater treatment measure(s) in <br />good working order acceptable to the City and in accordance with the Site Plan and <br />Inspection and Maintenance Checklist. This includes all pipes, channels or other <br />conveyances built to convey stormwater to the treatment measure(s), as well as all <br />structures, improvements, and vegetation provided to control the quantity and quality of <br />the stormwater as set forth in the Site Plan. Adequate maintenance is herein defined as <br />maintaining the described facilities in good working condition so that these facilities <br />continue to operate as originally designed and approved. The Inspection and <br />Maintenance Checklist shall include a detailed description of and schedule for long-term <br />maintenance activities of the stormwater treatment measures. <br />4. Sediment Management. Sediment accumulation resulting from the normal <br />operation of the stormwater treatment measure(s) will be managed appropriately by the <br />Property Owner. The Property Owner will provide for the removal and disposal of <br />accumulated sediments. Disposal of accumulated sediments shall not occur on the <br />Property. Any disposal or removal of accumulated sediments or debris shall be in <br />compliance with all federal, state and local law and regulations. <br />5. Annual Inspection and Report. The Property Owner shall, on an annual basis, <br />complete a Treatment Measure Operation and Maintenance Inspection Report ("Annual <br />Report"). The Annual Report shall include all completed Inspection and Maintenance <br />Checklists for the reporting period and shall be submitted to the City in order to verify <br />that inspection and maintenance of the applicable stormwater treatment measure(s) <br />have been conducted pursuant to this Agreement. The Annual Report shall be submitted <br />no later than December 31 of each year, under penalty of perjury, to Office of the City <br />Engineer, 1017 Middlefield Road, Redwood City, CA 94063 or another member of the <br />City staff as directed by the City. The Property Owner shall provide in the Annual Report a <br />record of the volume of all accumulated sediment removed as a result of the treatment <br />measure(s). The Property Owner shall conduct a minimum of one (1) annual inspection of <br />the stormwater treatment measure(s) before the wet season. This inspection shall occur <br />between August 1St and October 1St each year. More frequent inspections may be <br />Page 3 of 24 <br />REV: 08-17-18 PR <br />ATTY/AGR.2018.195/Kaiser M0132 - STMMA <br />