RecDoc 2018-095369 - Laserfiche WebLink

Browse Search

location and operation to which insurance applies, expiration date, to whom cancellation notice will be sent, and length of notice period. iii. An endorsement stating that the Property Owner and its Governing Board, agents, representatives, employees, trustees, officers, consultants, and volunteers are named additional insured under the policies. An endorsement shall also state that Contractor's insurance policies shall be primary to any insurance or self-insurance maintained by Property Owner. An endorsement shall also state that there shall be a waiver of any subrogation. iv. All policies identified above shall be written on an occurrence form. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the Property Owner. 5. Operation & Maintenance Responsibility. This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of Stormwater Treatment Measures detailed on the Site Plan and 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 this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or b. Written text in project conditions, covenants and restrictions (CC&Rs) for residential properties assigning O&M responsibilities to the home owners association for O&M of the treatment measures; or C. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures. 6. Maintenance of Treatment Measures. The Property Owner shall not destroy or remove the Stormwater Treatment Measures from the Property or modify the stormwater treatment system or do anything to the system in contravention of the Inspection and Maintenance Checklist in a manner that lessens its effectiveness, and shall, at Property Owner's sole expense, adequately maintain the stormwater treatment measures in good working order in compliance with the NPDES Permit as determined by the City and in accordance with the Site Plan and Inspection and Maintenance Checklist. This includes all pipes, channels or other conveyances built on the Property to convey stormwater to the treatment measures, as well as all structures, improvements, and vegetation provided on the Property to control the quantity and quality of the stormwater as set forth in the Site Plan. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally REV: 07-27-18 PR Page 4 of 23 ATTY/AGR/2018.162/REDWOOD CITY SCHOOL DISTRICT- STMMA