Agmt21 STMAA-536 Whipple _Bucky Bear, LLC

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thereto are on file with City's Engineering & Transportation Division. I. City and Property Owner agree that the health, safety and welfare of the citizens of City require that the stormwater treatment measure(s) detailed in the Site Plan be constructed and maintained on the Property. J. City's Stormwater Management and Discharge Control Program Ordinance, Stormwater related guidelines, criteria and other written directions ("City Stormwater Regulations") require that the stormwater treatment measure(s), as shown on the approved Site Plan, be constructed and maintained by Property Owner. AGREEMENT NOW, THEREFORE, in consideration of the benefit received by Property Owner as a result of City's approval of the Site Plan, Property Owner hereby covenants and agrees with City as follows: 1. Construction of Treatment Measures. The on-site Stormwater treatment measure(s) shown on the Site Plan will be constructed by Property Owner in strict accordance with the approved plans and specifications identified for the Property and any other requirements thereto which have been approved by City in conformance with City Stormwater Regulations. 2. Operation & Maintenance Responsibility. This Agreement will serve as the signed statement by Property Owner accepting responsibility for operation and maintenance ("O&M") of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another person or entity. 3. Maintenance of Treatment Measures. Property Owner will not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness. Property Owner will also, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to City and in accordance with the Site Plan and Inspection and Maintenance Checklist. Property Owner's responsibilities in the foregoing sentences extend to all measures described in the Site Plan, including, without limitation, all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described measures in good working condition so that these measures continue to operate as originally designed and approved. The Inspection and Maintenance Checklist will include a detailed description of and schedule for long-term maintenance activities of the stormwater treatment measures. 4. Sediment Management. Property Owner will appropriately manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s). Property Owner will provide for the removal and disposal of accumulated sediment in a manner that complies with all federal, state and local law and regulations. Disposal of accumulated sediment or debris will not occur on the Property. 5. Annual Inspection and Report. Property Owner will, on an annual basis, complete a Treatment Measure Operation and Maintenance Inspection Report ("Annual Report"). The Annual Report will include all completed Inspection and Maintenance Checklists for REV: 01-22-20 PR ATTY/AGR.2020 009/Bucky Bear, LLC (Page 2 of 21)