AgdaPkt 2011-09-12 - Laserfiche WebLink

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6.1.F. - Page 102 be installed and maintained as indicated in this Agreement and as required by the NPDES Permit. H. The City and Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and I. The City's Stormwater Management Ordinance, guidelines, criteria and other written directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, be constructed and maintained by the Property Owner NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City's approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: 1. Construction of Treatment Measures The on -site stormwater treatment measure(s) shown on the Site Plan document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. 2. Operation & Maintenance Responsibility This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the City at least one of the following: a. Written conditions in the sales or lease Agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (O &M) consistent with this provision, which conditions, in the case of purchase and sale Agreements, shall be written to survive beyond the close of escrow; or b. Written text in project conditions, covenants and restrictions (CCRs) for residential properties assigning O &M responsibilities to the home owners association for O &M of the treatment measures; or C. Any other legally enforceable Agreement or mechanism that assigns responsibility for the maintenance of treatment measures. 3, Maintenance of Treatment Measures The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and :shall, at Property Owner's sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Site Plan. This includes 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 facilities in good working condition so that these facilities continue to operate as originally designed and approved. The maintenance plan shall include a detailed description of and schedule for long -term maintenance activities. -2-