RecDoc2023-063039 STMMA Broadway Plaza

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indicated in this Agreement and as required by the NPDES Permit or other regulatory agencies having jurisdiction. H. Full-scale plans of measures shown on the Site Plan and any amendments thereto are on file with City's Engineering & Transportation Division. I. City and Developer 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 Developer. AGREEMENT NOW, THEREFORE, in consideration of the benefit received by Developer as a result of City's approval of the Site Plan, Developer hereby covenants and agrees with City as follows: 1. Construction of Treatment Measures. The on-site and off-site Stormwater treatment measure(s) shown on the Site Plan will be constructed by Developer 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 Developer 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. Developerwill not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness. Developer 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. Developer'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. Developer will appropriately manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s). Developer will provide for the removal and disposal of accumulated sediment in a manner REV: 4-12-2023 SK ATTY/AGR 2023.072/SI XX, LLC (Broadway Plaza STMMA) (Page 2 of 55)