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F. The City is the permittee public agency under the NPDES Permit with <br /> jurisdiction over the Property; and <br /> G. The Property Owner recognizes that the stormwater treatment measure(s) <br /> more particularly described and shown on the Site Plan, of which full-scale plans and any <br /> amendments thereto are on file with the Engineering & Construction Services of the City of <br /> Redwood City, must be installed and maintained as indicated in this Agreement and as <br /> required by the NPDES Permit; and <br /> H. The City and Property Owner agree that the health, safety and welfare of the <br /> citizens of the City require that the stormwater treatment measure(s) detailed in the Site <br /> Plan or comparable document be constructed and maintained on the Property; and <br /> I. The City's Stormwater Management Ordinance, guidelines, criteria and other <br /> 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 /> AGREEMENT <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 measure(s) <br /> (hereinafter alternately referred to as the "stormwater treatment measures" "treatment <br /> measures" and/or the "treatment measure(s)") shown on the Site Plan document shall be <br /> constructed by the Property Owner in strict accordance with the approved plans and <br /> specifications identified for the development and any other requirements thereto which <br /> have been approved by the City in conformance with appropriate City ordinances, <br /> guidelines, criteria and other written direction. <br /> 2. Operation & Maintenance Responsibilitv. 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. Property Owner may <br /> assign its obligations under this Agreement only with the prior written approval of the <br /> City, which approval shall not be unreasonably withheld or delayed. Before the <br /> Property is legally transferred to another person or entity, the Property Owner and its <br /> assignee shall execute and deliver to the City a written assignment and assumption <br /> agreement in a form acceptable to the City Attorney. Any assignment and assumption <br /> agreement entered into pursuant to this Section 2 shall be recorded in the San Mateo <br /> County Recorder's Office. In addition, when ownership of the Property is legally <br /> transferred to another person or entity, the Property Owner shall provide to the City at <br /> least one of the following: <br /> a. Written conditions in the sales or lease agreement requiring the buyer or <br /> successor to assume Property Owner's obligations hereunder, which conditions, in the <br /> case of purchase and sale agreements, shall be written to survive beyond the close of <br /> escrow; or <br /> ATTY/AGR/2013.004/640 VETERANS STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT <br /> REV:01-09-13 VR <br /> Page 2 of 26 <br />