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F. Attached hereto as Exhibit "C", and incorporated herein by this reference, <br />is an "Inspection and Maintenance Checklist" which describes Developer's maintenance <br />activities to be performed pursuant to this Agreement. <br />G. City is the permittee public agency with jurisdiction over the Property. <br />H. Developer recognizes that the stormwater treatment measure(s) more <br />particularly described and shown on the Site Plan must be installed and maintained as <br />indicated in this Agreement and as required by the NPDES Permit or other regulatory <br />agencies having jurisdiction, as well as the Conditions. <br />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 <br />of 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 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 <br />approved 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 />1. 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. Operation & Maintenance Responsibility. This Agreement will serve as the signed <br />statement by Developer accepting responsibility for operation and maintenance ("O&M") <br />of stormwater treatment measures as set forth in this Agreement until the responsibility is <br />legally transferred to another person or entity. <br />3. Maintenance of Treatment Measures. Developer will not destroy or remove the <br />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 measure(s) in good working order <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 />REV: 07-22-25 VR <br />ATTY/AGR.2025.179/Norcal Home Builders (163 Iris St) (Page 2 of 16) <br />