Laserfiche WebLink
<br />Property Owner <br /> <br />NOW, THEREFORE, in consideration of the benefit received by the Property <br />Owner as a result of the City's approval of the Site Plan, the Property Owner hereby <br />covenants and agrees with the City as follows: <br />1. Construction of Treatment Measures. The on-site stormwater treatment <br />measure(s) shown on the Site Plan document shall be constructed by the Property <br />Owner in strict accordance with the approved plans and specifications identified for the <br />development and any other requirements thereto which have been approved by the <br />City in conformance with appropriate City ordinances, guidelines, criteria and other <br />written direction. <br /> <br />2. Operation & Maintenance Responsibilitv. 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 <br />the responsibility is legally transferred to another person or entity. Before the <br />Property is legally transferred to another person or entity, the Property Owner shall <br />provide to the City at least one of the following: <br /> <br />a. Written conditions in the sales or lease Agreement requiring the buyer <br />or lessee to assume responsibility for operation and maintenance (O&M) consistent <br />with this provision, which conditions, in the case of purchase and sale Agreements, <br />shall be written to survive beyond the close of escrow; or <br /> <br />b. Written text in project conditions, covenants and restrictions (CCRs) for <br />residential properties assigning O&M responsibilities to the home owners <br />association for O&M of the treatment measures; or <br /> <br />c. Any other legally enforceable Agreement or mechanism that assigns <br />responsibility for the maintenance of treatment measures. <br /> <br />3, Maintenance of Treatment Measures. The Property Owner shall not destroy <br />or remove the stormwater treatment measures from the Property nor modify the <br />stormwater treatment system in a manner that lessens its effectiveness, and shall, at <br />Property Owner's sole expense, adequately maintain the stormwater treatment <br />measure(s) in good working order acceptable to the City and in accordance with the <br />Site Plan. This includes all pipes, channels or other conveyances built to convey <br />stormwater to the treatment measure(s), as well as all structures, improvements, and <br />vegetation provided to control the quantity and quality of the stormwater. Adequate <br />maintenance is herein defined as maintaining the described facilities in good working <br />condition so that these facilities continue to operate as originally designed and <br />approved. The maintenance plan shall include a detailed description of and <br />schedule for long-term maintenance activities. <br /> <br />4. Sediment Manaoement. Sediment accumulation resulting from the normal <br />operation of the stormwater treatment measure(s) will be managed appropriately by <br />the Property Owner. The Property Owner will provide for the removal and disposal of <br /> <br />-3- <br />