RecD08 2008-065937 - Laserfiche WebLink

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in accordance with the terms of this Agreement and as a condition to the City's issuance of a certificate of occupancy or other similar approval for use and occupancy of the Property. I. The City and POL agree that the health, safety and welfare of the citizens of the City, and the City's Stormwater Management Ordinance, guidelines, criteria and other written directions, all require that the Stormwater Treatment Measures detailed in the Site Plan be maintained on the Property in accordance with the terms of this Agreement. J. The City's Stormwater Management Ordinance, guidelines, criteria and other written directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, be constructed and maintained by POL. NOW, THEREFORE, in consideration of the City's issuance of a certificate of occupancy or other similar approval for use and occupancy of the Property, and the mutual covenants and agreements contained herein, POL and the City hereby covenant and agree as follows: 1. Construction of Treatment Measures. The City acknowledges that the on-site Stormwater Treatment Measures shown on the Site Plan have heretofore been constructed by POL in accordance with the approved plans and specifications identified for the development of the Property and any other requirements with respect thereto, and the City further acknowledges that the Stormwater Treatment Measures have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction-:- 2. Operation & Maintenance Responsibility. This Agreement shall serve as the signed statement by POL accepting responsibility for operation and maintenance of Stormwater Treatment Measures until such time as the responsibility is legally transferred by POL to another person or entity or the expiration of the Lease Term. Following the expiration of the Lease Term, this Agreement shall terminate and the City may enter into a replacement agreement with Property Owner. 3. Maintenance of Treatment Measures. POL shall not destroy or remove the Stormwater Treatment Measures from the Property nor modify the Stormwater Treatment Measures in a manner that lessens its effectiveness, and shall, at POL's sole expense, adequately maintain the Stormwater Treatment Measures in good working order reasonably acceptable to the City and in accordance with 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 designed and approved. 4. Annual Inspection and Report. POL shall, on an annual basis, submit to the City reasonable documentation in order to verify that inspection and maintenance of the applicable Stormwater Treatment Measures have been conducted pursuant to this Agreement ("Annual Reporting"). The Annual Reporting shall be submitted no later than August 31 st of each year to the City Engineer at the address set forth in Section 11 below or such other address as City shall specify in writing to POL. POL shall conduct a minimum of one (1) annual inspection of the Stormwater Treatment Measures before the wet season. This inspection shall occur between August 1st and October 1st each year. If circumstances require (e.g., excessive rainfall), POL shall conduct more frequent inspections. The results of inspections shall be provided in the Annual Reporting. A TTY /AGR/2008.032 050608 3