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written directions require that the stormwater treatment measure(s), as shown on the <br /> approved Site Plan or comparable document, be constructed and maintained by the <br /> Property Owner <br /> NOW, THEREFORE, in consideration of the benefit received by the Property Owner <br /> as a result of the City's approval of the Site Plan, the Property Owner hereby covenants <br /> and agrees with the City as follows: <br /> 1. Construction of Treatment Measures. The on-site stormwater treatment <br /> measure(s) shown on the Site Plan document 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 /> conformance with appropriate City ordinances, guidelines, criteria and other written <br /> direction. <br /> 2. Operation & Maintenance Responsibility. This Agreement shall serve as the <br /> signed statement by the Property Owner accepting responsibility for operation and <br /> maintenance of stormwater treatment measures as set forth in this Agreement until the <br /> responsibility is legally transferred to another person or entity. Before the Property is <br /> legally transferred to another 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 operation and maintenance (O&M) consistent with <br /> this provision, which conditions, in the case of purchase and sale Agreements, shall be <br /> written to survive beyond the close of escrow; or <br /> b. Written text in project conditions, covenants and restrictions (CCRs) for <br /> residential properties assigning O&M responsibilities to the home owners association for <br /> O&M of the treatment 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 Treatment Measures. The Property Owner shall not destroy or <br /> remove the stormwater treatment measures from the Property nor modify the stormwater <br /> treatment system in a manner that lessens its effectiveness, and shall, 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 all pipes, channels or other conveyances built to convey stormwater to the <br /> treatment measure(s), as well as all structures, improvements, and vegetation provided <br /> to control the quantity and quality of the stormwater. Adequate maintenance is herein <br /> defined as maintaining the described facilities in good working condition so that these <br /> facilities continue to operate as originally designed and approved. The maintenance <br /> plan shall include a detailed description of and schedule for long-term maintenance <br /> activities. <br /> -3- <br />