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<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 /> <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 Owner <br />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 City in <br />conformance with appropriate City ordinances, guidelines, criteria and other written <br />direction. <br /> <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 /> <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 /> <br />b. Written text in project conditions, covenants and restrictions (CCRs) for <br />residential properties assigning O&M responsibilities to the home owners association for <br />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 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. This <br />includes all pipes, channels or other conveyances built to convey stormwater to the <br />treatment measure{s), as well as all structures, improvements, and vegetation provided <br />to control the quantity and quality of the stormwater. Adequate maintenance is herein <br />defined as maintaining the described facilities in good working condition so that these <br />facilities continue to operate as originally designed and approved. The maintenance <br />plan shall include a detailed description of and schedule for long-term maintenance <br />activities. <br /> <br />4. Sediment Manaaement. 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 /> <br />3 <br />