RecDoc 2009-096040 - Laserfiche WebLink

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G. The Property Owner recognizes that the stormwater treatment measure(s) more particularly described and shown on Site Plan, of which full-scale plans and any amendments thereto are on file with the Engineering and Construction Division of the City of Redwood City must be installed and maintained as indicated in this Agreement and as required by the NPDES Permit; and H. The City and Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan be constructed and maintained on the Property; and I. 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, be constructed and maintained by the Property Owner; NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City's approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: 1. Construction of Treatment Measures. The on-site stormwater treatment measure(s) shown on the Site Plan shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. 2. Operation & Maintenance Responsibilitv. This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of the on-site stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the City at least one of the following: a. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (O&M) consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or b. Any other legally enforceable agreement or mechanism that may be necessary to assign responsibility for the maintenance of treatment measures. 3. Maintenance of Treatment Measures. The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at Property Owner's sole expense, adequately maintain the on-site stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Site Plan. This includes all pipes, channels or other conveyances built on-site to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation on-site provided to control the quantity and quality of the stormwater. 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. The maintenance plan ("Maintenance Plan") shall include a detailed description of and schedule for long-term maintenance activities. 885 WOODSIDE ROAD -2- 06.2009