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F. The City is the permittee public agency with jurisdiction over the Property; <br /> and <br /> G. The Property Owner recognizes that the stormwater treatment measure(s) <br /> more particularly described and shown on 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 or other regulatory agencies having jurisdiction; 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) as detailed in the Site <br /> Plan be constructed and maintained on the Property; and <br /> The City's Stormwater Management Ordinance, stormwater related guidelines, <br /> criteria and other written directions ("City Stormwater Regulations") require that the stormwater <br /> treatment measure(s), as shown on the approved Site Plan, be constructed and maintained by <br /> the Property Owner <br /> AGREEMENT <br /> NOW,THEREFORE, in consideration of the benefit received by the Property Owner as a <br /> result of the City's approval of the Site Plan, the Property Owner hereby covenants and <br /> agrees with the City as follows: <br /> 1. Construction of Treatment Measures. The on-site stormwater treatment measure(s) <br /> shown on the Site Plan shall be constructed by the Property Owner in strict accordance with <br /> the approved plans and specifications identified for the Property and any other requirements <br /> thereto which have been approved by the City in conformance with City Stormwater <br /> Regulations. <br /> 2. Operation & Maintenance Responsibility. This Agreement shall serve as the signed <br /> statement by the Property Owner accepting responsibility for operation and maintenance <br /> of stormwater treatment measures as set forth in this Agreement until the responsibility is <br /> legally transferred to another person or entity Before the Property is legally transferred to <br /> another person or entity, the Property Owner shall provide to the City at least one of the <br /> 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 this <br /> provision, which conditions, in the case of purchase and sale agreements, shall be written <br /> to survive beyond the close of escrow; or <br /> b Any other legally enforceable agreement or mechanism that assigns <br /> responsibility for the maintenance of treatment measures.. <br /> Upon such legal assignment as set forth in subsections 2(a) and (b) of this section, the <br /> assigning Property Owner shall be relieved of the obligations set forth in this Agreement <br /> and shall have no liability for default or failure to perform occurring from and after the date <br /> of such assignment and assumption. <br /> ATTY/AGR/2013 243/950 MIDDLEFIELD STORMWATER TREATMENT MEASURES <br /> REV:12-11-13 VR <br /> Page 2 of 19 <br />