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This agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. Before the Property is legally transferred to another entity,the Property Owner shall provide to the City at least one of the following: 1) A signed statement from the public entity assuming post-construction responsibility for treatment measure maintenance and that the treatment measures meet all local agency design standards; or 2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance(O&M) consistent with this provision,which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or 3) Written text in project conditions, covenants and restrictions(CCRs) for residential properties assigning O&M responsibilities to the home owners association for O&M of the treatment measures; or 4) Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures. SECTION 3: MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness,and shall, at its sole expense,adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the maintenance plan agreed hereto and attached as Exhibit C. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The maintenance plan shall include a detailed description of and schedule for long-term maintenance activities. SECTION 4: SEDIMENT MANAGEMENT Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s)will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the maintenance plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal,state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall,on an annual basis,complete the Treatment Measure Operation and Maintenance Inspection Report(annual report),attached to this agreement as Exhibit D. The annual report shall include all completed Inspection and Maintenance Checklists for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s)have been conducted pursuant to this agreement. The annual report shall be submitted no later than December 31 of each year,under penalty of perjury,to the City Engineer, 835 East 14th Street, San Leandro,CA 94577 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s)in the annual report.The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s)before the wet season. This inspection shall occur between August 1st and October 1st each year. More frequent inspections may be required by the maintenance plan(Exhibit C). The results of inspections shall be recorded on the Inspection and Maintenance Checklist(s)attached as Exhibit D. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense,the Property Owner shall make changes or modifications to the stormwater treatment measure(s)and/or the long-term maintenance plan as may be determined as reasonably necessary by the City to ensure that treatment measures are properly maintained and continue to operate as originally Page 2