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Inst 2013170593
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Inst 2013170593
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6/10/2013 1:36:20 PM
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6/10/2013 1:34:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/10/2013
Recorded Document Type
Stormwater Treatment
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PERM
Document Relationships
Inst 2009087120
(Reference)
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\City Clerk\City Council\Recorded Documents\2009
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otherwritten direction. The stormwater treatment measures that are the subject of this agreement are <br /> an independent and wholly separate obligation from any and all other stormwater treatment measure <br /> agreements between the Parties. <br /> SECTION 2: OPERATION&MAINTENANCE RESPONSIBILITY <br /> This agreement shall serve as the signed statement by the Property Owner accepting <br /> responsibility for operation and maintenance of stormwater treatment measures as set forth in this <br /> Agreement until the responsibility is legally transferred to another entity. Before the Property is <br /> legally transferred to another entity,the Property Owner shall provide to the City at least one of <br /> the following: <br /> 1) A signed statement from the public entity assuming post-construction responsibility for <br /> treatment measure maintenance and that the treatment measures meet all local agency design <br /> standards; or <br /> 2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume <br /> responsibility for operation and maintenance(O&M)consistent with this provision,which <br /> conditions, in the case of purchase and sale agreements, shall be written to survive beyond the <br /> close of escrow; or <br /> 3) Written text in project conditions, covenants and restrictions(CCRs)for residential <br /> properties assigning O&M responsibilities to the home owners association for O&M of the <br /> treatment measures; or <br /> 4) Any other legally enforceable agreement or mechanism that assigns responsibility for the <br /> maintenance of treatment measures. <br /> SECTION 3: MAINTENANCE OF TREATMENT MEASURES <br /> The Property Owner shall not destroy or remove the stormwater treatment measures from <br /> the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, <br /> and shall,at its sole expense,adequately maintain the stormwater treatment measure(s)in good <br /> working order acceptable to the City and in accordance with the maintenance plan agreed hereto <br /> and attached as Exhibit C. This includes all pipes,channels or other conveyances built to convey <br /> stormwater to the treatment measure(s),as well as all structures, improvements, and vegetation <br /> provided 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 facilities <br /> continue to operate as originally designed and approved. The maintenance plan shall include a <br /> detailed description of and schedule for long-term maintenance activities. <br /> SECTION 4: SEDIMENT MANAGEMENT <br /> Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) <br /> will be managed appropriately by the Property Owner. The Property Owner will provide for the <br /> removal and disposal of accumulated sediments.Disposal of accumulated sediments shall not occur <br /> on the Property,unless provided for in the maintenance plan. Any disposal or removal of <br /> accumulated sediments or debris shall be in compliance with all federal,state and local law and <br /> regulations. <br /> SECTION 5: ANNUAL INSPECTION AND REPORT <br /> The Property Owner shall,on an annual basis,complete the Treatment Measure Operation and <br /> Maintenance Inspection Report(annual report),attached to this agreement as Exhibit D.The annual <br /> report shall include all completed Inspection and Maintenance Checklists for the reporting period and <br /> shall be submitted to the City in order to verify that inspection and maintenance of the applicable <br /> stormwater treatment measure(s)have been conducted pursuant to this agreement. The annual report <br /> shall be submitted no later than December 31 of each year,under penalty of perjury,to the City <br /> F:\FILES\2013 Farallon-North Face\0 M Agreement for treat meas-4-10-13.doc2 <br />
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