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