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AgdaPkt 2014-06-23 Closed and Joint SA
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AgdaPkt 2014-06-23 Closed and Joint SA
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Last modified
6/19/2014 5:44:54 PM
Creation date
6/19/2014 5:24:15 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
6/23/2014
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7.1.L. - Page 33 <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)detailed in the Site Plan <br /> be constructed and maintained on the Property; and <br /> 1. The City's Stormwater Management Ordinance, Stormwater related <br /> guidelines, criteria and other written directions ("City Stormwater Regulations") require that <br /> the stormwater treatment measure(s), as shown on the approved Site Plan, be constructed <br /> and maintained by the 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 /> 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 <br /> is legally transferred to another person or entity. Before the Property is legally transferred <br /> to another person or entity, the Property Owner shall provide to the City at least one of <br /> 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 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. Written text in project conditions, covenants and restrictions (CC&Rs) 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 Owner's <br /> sole expense, adequately maintain the stormwater treatment measure(s) in good working <br /> ATTY/AGR/2014.088/RWC 1856-755 BREWSTER(STM MA) <br /> REV:06-05-14 VR <br /> Page 2 of 14 <br />
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