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writfen directions �quire thaf the storrnwater treatment measure(s), as shown on the <br /> approved Site Plan or comparable document, be constructed and mairttained by the <br /> Properiy Owner <br /> NOW, THEREFORE, in considera6on of the benefit received by the Property Owner <br /> as a result of the Cit}!s approval of the Sife Plan, the Property Ovmer hereby covenants <br /> and agrees with the City as follows: <br /> 1. ConstrucGon of Treatment Measures. The on-site stormwater treatment <br /> measure(s) shown on the Site Plan doaiment shall be constructed by the Property Owner <br /> in strict accordance with the approved plans and specifications identified for the <br /> development and any other requirements thereto which have been approved by the City in <br /> confortnance with appropriate City ordinances, guidelines, criteria and other written <br /> direction. <br /> 2�' ,O�eration & Maintenance Resaonsibilitv. This Agreement sha!I serve as the <br /> signed statement by the Property Owner accepting responsibility for operation and <br /> maintenance of stormwater treatment measures as set fortn in this Agreement until the <br /> responsibitity is legally transferred to another person or entity. Beforo the Property is <br /> legaliy transferred to anofher person or entity, the Property Owner shall provide to the <br /> City at least one of the following: <br /> a. Written conditions in the sales or lease Agreement requiring the buyer or <br /> lessee to assume responsibility for operafion and maintenance (OftM) consistent with <br /> this provision, which conditions, in thE case of purchase and sale Agreements, shall be <br /> written to survive beyond the ctose of escrow; or <br /> b. Written fext in project conditions, covenants and resirictions (CCRs) for <br /> residential properties assigning O&M responsibifl6es to the home owners association for <br /> 08�M of the treatrneni measures; or <br /> c. Any other legally enforceable Agreement or mechanism that assigns <br /> responsibility for the maintenance of treatment measures. <br /> 3, Maintenance of Trea6nent Measures. The Property Ovmer shall not desVoy or <br /> remove the storcnwater treakment measures from the Property nor modify the stormwater <br /> treatment system in a manner that IQSSens its eifectiveness, and shail, at Property <br /> Owner's sole expense, adequately maintain the stormwater treatment measure(s) in <br /> good working order acceptable to the City and in accordance with the Site Plan. This <br /> includes ali pipes, channels or other conveyances builf to convey stormwater to the <br /> treatrnent measure(s), as well as ali stn�ctures, improvements, and vegetadon provided <br /> to control the quanfity and quality of ;he stormwater. Adequate maintenance is herein <br /> defined as maintaining the described #�cilities in good working conditlon so that these <br /> facitities con6nue to operate as originaily designed and approved. The maintenance <br /> plan shall include a detailed description of and schedule for long-term maintenance <br /> activities. <br /> 4. Sediment Manaqement. Sediment accumula6on resulting from the normal <br /> operat+on of the stormwater treatrnent measure(s) will be managed appropriately by the <br /> � <br />