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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 />H. The City and Property Owner 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 />I. 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 Property Owner. <br />EW04"i 1-1. 11 <br />NOW, THEREFORE, in consideration of the benefit received by the Property Owner <br />as a result of the City's approval of the Site Plan, the Property Owner hereby covenants <br />and agrees with the City as follows: <br />1. Construction of Treatment Measures. The on-site stormwater treatment measure(s) <br />shown on the Site Plan shall be constructed by the Property Owner in strict accordance <br />with the approved plans and specifications identified for the Property and any other <br />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 Property Owner 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 Property Owner shall provide to the <br />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 />ATN/AGR/2019.061/MP BRADFORD ASSOCIATES, L.P.,-STMMA <br />REV: 03-20-19 PR <br />Page 2 of 8 <br />