AgdaPkt 2012-06-25 - Laserfiche WebLink

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6.1.1. - Page 35 indicated in this AgreemEent and as required by fhe NPDES Pennit. H. The City and Property Ov++nar agree that the health, safety and welfare af the citizens of the City require that the stormwater treatment meas�a�•e(s) detailed in the Site Plan or coznpa�able docurnent ba caz�si�ucted and maintained on the Property;and I, The City's Starmwater Management Ordinance, guidelines, criteria and otl�er written direc�ions require that the stor►�water treatmez�t measure(s),as shown.on the approved Site Plan or comparable document,be constructed and maintained by the Property Owner. NOW,TI�REFORE,in consideration of the benefit received by the 1'roperty Owner as a result of the City's appro�al of the Site Plan,the Properly Owner�ereby covenants and agrees wit1�the City as follows: 1. Co�struction of Treattnent Measures. The on-site stormwater ireatrnent m.easure(s) shown on the Site Plan dacument shall be conshucted by the P�aperty Owne�•in strict accordance with th�approved plans and specifications identified for the development and any other requirements thereto which have been appraved by the City in conformance with appropriate City ordinances, guidelines, criteria and other writte� direction. 2. O�eration &Maintenance Responsibility, This Agreament shall serve as the signed statement by th� Property Owner accepting responsibility for operation and rr�aintenane� of stormwater treatment measures as set forth in this Agreement untii the xesponsibility is legally transferred to another person or entity.Sefore the Property is legally transferred to anotl��r perrson or entity, the Property Owner shall provide to the City at least one of the following: a. Written conditio�ns in the sales or lease Agreement requiring the buyer or lessee to assu�e responsibility for operation and mair�tenance (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. Wrii�en text i� project conditions, covenants and restrietions {CCRs) for resiciential properties assigning O&M respansibilities to the home owners association for O&M of the treatment measures;or c. Any other legally enforceable Agreerr►ent or mechanism that assigns responsibiiity for the maintenance of treatrnent meas�res, 3. Mainte�►ance of Treatment Measures. The Property Owner shall not destroy or t•emove the stormwater freattnent tneasures from the Property nor modify tha stort�nwater treai�nent systenn in a manner t1�at lessens its efFectiveness, and st�all, at Property Ovvner's so�e expense, adequately maintain the stormwater treatment measure{s) in good warking ot•der acceptable to the Ciiy and in acco�•dance with the Site Plan. This includes all pipes, p�rtzps, chant�els or oth8r conveyances built ta convey stormwater ta the �reatment measure{s), as �well as all structures, improvements, and veg�tation provided to control the quantity and qUality of the s#ormwater. Adequate maintenance is herein defined as �ttaintaining the described facilitiss in good working condition so that these faeilities continue to operate as originally designed and appraved. TI�e :tx�aintenanee plan sha1l include a detailed description of and schedule for long-term maintenance activities. 4. Sediment Mana�ement. Sediment accufnuia�ion resulting from the normal operation of the stormwater treai�nent measure{s}will be tnanaged appropriately by the Property O�vner. The Propei�ty Ownet• ATTYIAGR12012.0671STORMWATER I�{AIN�ENA{VC�AGREEMENT 201 MARSHALL REV;OS-04-12 VR Page 2 of 6