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<br />H. The City's Stormwater Management Ordinance, guidelines, criteria and other written <br />directions require that the stormwater treatment measure(s), as shown on the approved Site Plan, be <br />constructed and maintained by the Property Owner; <br /> <br />NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a <br />result of the City's approval of the Site Plan, the Property Owner hereby covenants and agrees <br />with the City as follows: <br /> <br />1. Construction of Treatment Measures. The on-site stormwater treatment measure(s) shown <br />on the Site Plan shall be constructed by the Property Owner in strict accordance with the approved <br />plans and specifications identified for the development and any other requirements thereto which <br />have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria <br />and other written direction. <br /> <br />2. Operation & Maintenance Responsibilitv. This Agreement shall serve as the signed <br />statement by the Property Owner accepting responsibility for operation and maintenance of the <br />on-site stormwater treatment measures as set forth in this Agreement until the responsibility is <br />legally transferred to another person or entity. Before the Property is legally transferred to <br />another person or entity, the Property O\vner shall provide to the City at least one of the <br />following: <br /> <br />a. Written conditions in the sales or lease agreement requiring the buyer or lessee to <br />assume responsibility for operation and maintenance (O&M) consistent with this provision, <br />which conditions, in the case of purchase and sale agreements, shall be written to survive beyond <br />the close of escrow; or <br /> <br />b. Any other legally enforceable agreement or mechanism that may be necessary to <br />assign responsibility for the maintenance of treatment measures. <br /> <br />3. Maintenance of Treatment Measures. The Property Owner shall not destroy or remove the <br />stormwater treatment measures from the Property nor modify the stormwater treatment system in a <br />manner that lessens its effectiveness, and shall, at Property Owner's sole expense, adequately <br />maintain the on-site stormwater treatment measure(s) in good working order acceptable to the <br />City and in accordance with the Site Plan. This includes all pipes, channels or other conveyances <br />built on-site to convey stormwater to the treatment measure(s), as well as all structures, <br />improvements, and vegetation on-site provided to control the quantity and quality of the <br />stormwater. Adequate maintenance is herein defined as maintaining the described facilities in <br />good working condition so that these facilities continue to operate as originally designed and <br />approved. The maintenance plan ("Maintenance Plan") shall include a detailed description of <br />and schedule for long-term maintenance activities. <br /> <br />4. Sediment Management. Sediment accumulation resulting from the normal operation of the <br />stormwater treatment measure(s) will be managed appropriately by the Property Owner. The <br />Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of <br />accumulated sediments shall not occur on the Property unless any disposal or removal of <br /> <br />301027962.2 <br /> <br />-2- <br />