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1. Full-scale plans of measures shown on the Site Plan and any amendments <br />thereto are on file with City's Engineering and Transportation Division. <br />J. City and Developer agree that the health, safety and welfare of the citizens of <br />City require that the stormwater treatment measure(s) detailed in the Site Plan be <br />constructed and maintained on the Property. <br />K. City's Stormwater Management and Discharge Control Program Ord' <br />Stormwater related guidelines, criteria and other written directions Ci mance, <br />Regulations") require that the stormwater treatment measure(s), as shown on theapproved <br />Site Plan, be constructed and maintained by Developer. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the faithful performance of the terms and <br />conditions set forth in this Agreement, the Parties hereto agree as follows: <br />I Construction of Treatment Measures. The on-site Stormwater treatment <br />measure(s) shown on the Site Plan will be constructed by Developer in strict accordance <br />with the approved plans and specifications identified for the Property and any other <br />requirements thereto which have been approved by City in conformance with City <br />Stormwater Regulations. <br />2. O eration & MaintenanceRes onsibilit . This Agreement will serve as the <br />signed statement by Developer 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. Developer 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. Developer will also, at its sole expense, <br />adequately maintain the stormwater treatment measures in <br />od working oer <br />acceptable to City and in accordance with the Site Plan and Inspection and Maintenance <br />Checklist. Developer's responsibilities in the foregoing sentences extend to all measures <br />described in the Site Plan, including, without limitation, all pipes, channels or other <br />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 qualityof <br />the stormwater. Adequate maintenance is herein defined as maintaining the descrie <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 Mana ement, Developer will appropriately <br />accumulation resulting from the normal operation of the strter treatment measure(s). <br />Developer will provide for the removal and disposal of accumulated sediment in a manner <br />that complies with all federal, state and local law and regulations. Disposal of accumulated <br />sediment or debris will not occur on the Property. <br />5. Term. This Agreement will commence immediately upon the Effective Date <br />and will continue in perpetuity until and unless terminated by City. <br />REV: 09-28-2022 SK <br />ATTY/AGR.2022.360/SF21G LLC (Page 2 of 13) <br />